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HomeMy WebLinkAbout2014-010 Additional Requirements for Automatic Irrigation, Definitions and PenaltiesORDINANCE NO. 2014-010 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATED TO AMENDMENTS TO CHAPTER 175, OF THE CODE OF ORDINANCES; AMENDING SECTION 175 -3 "DEFINITIONS," SECTION 175 -8 "ADDITIONAL REQUIREMENTS FOR AUTOMATIC IRRIGATION SYSTEMS" AND AMENDING SECTION 175 -12 "PENALTIES "; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILTI'Y; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida has a limited supply of potable water, and the use of reclaimed water for irrigation offsets groundwater withdrawal demand; and WHEREAS, the City of Ocoee is continually expanding its reclaimed water system for irrigation to mitigate those demands; and WHEREAS, the City Commission of the City of Ocoee desires to amend Chapter 175 of the Code of Ordinances to prohibit the use of potable water for irrigation where reclaimed water is available; and WHEREAS, the City Commission of the City of Ocoee hereby finds and declares that the amendment of this Ordinance is appropriate, and in the public interest of the citizens of this community. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and Rule 40C- 2.042, Florida Administrative Code. SECTION 2. Amendments to Sections 175 -3, 175 -8 and 175 -12 Section 175- 3. Definitions, Section 175 -8. Additional Requirements for Automatic Irrigation Systems and Section 175 -12. Penalties are hereby amended as follows: Ocoee Ordinance Amending Chapter 175 (rev. 5/1/2014) See Exhibit "A" attached hereto and by this reference made a part hereof. SECTION 3. Severability If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4. Codification It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or re- lettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or re- lettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION 5. Effective Date This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this J-] rh day of Y l�� , 2014. Ocoee Ordinance Amending Chapter 175 (rev. 5/1/2014) APPROVED: ATTEST: y 1 . QAJI Be .ikenberry, City Clerk (SEAI,) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND CITY OF OCOEE, FLORIDA S. , t ndergrl y r ADVERTISE , 2014 READ FIRST TIME , , 2014 READ SECOND TIME. AT4 D ADOPTED i . \-] , 2 tlr c - )(. 1`4 UNDER AGENDA ITEM NO. I LEGALITY this - h""day of 2014, SHUFFIELD, LOWMAN & WILSON, P.A. By: - -- -_ - -- — Attorney Ocoee Ordinance Amending Chapter 175 (rev. 5/1/2014) EXHIBIT "A" Strikethrough text denotes deletions to text originally appearing in the Code and double - underlined text denotes additions to text originally appearing in the Code. Section 175 -3. DEFINITIONS, is hereby amended to include the following definition: UNATTENDED BROADCAST IRRIGATION -- The irrigation of landscape utilizing any method other than an irrigation system or a hand -held hose equipped with a shut -off nozzle. Section 175 -8. ADDITIONAL REQUIREMENT FOR AUTOMATIC IRRIGATION SYSTEMS, is hereby amended to include the following: A. All irrigation systems shall be properly maintained so as to minimize the wasting of water. Improper maintenance of irrigation systems shall include, but not be limited to, broken heads, valves that do not properly open or close, sprinkler heads improperly adjusted or obstructed, leaking heads /fittings /piping, and /or malfunctioning timers. B. Within forty five (45) days from the adoption date of Ordinance 2014 -10 or within forty five (45) days from the date when reclaimed water is available, all irrigation must utilize reclaimed water. The use of potable water for irrigation utilizing an irrigation system or utilizing unattended broadcast irrigation is prohibited after the foregoing time periods. Violations of this section are subject to the penalties provided in Section 175-12. Any exceptions granted in Section 175 -7 are not applicable and do not supersede this condition.