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HomeMy WebLinkAboutItem V (C) Ordinance No. 94-14, relating to water shortage measures. THIS IS AN EMERGENCY ORDINANCE WHICH MAY BE ADOPTED WITHOUT ADVERTISING ON FIRST READING BY A TWO-THIRDS VOTE OF THE CITY COMMISSION AGENDA 5-3-94 Item V C • FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801 TELEPHONE 14071 423-7656 FACSIMILE 14071 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA WASHINGTON, D.C. WEST PALM BEACH. FLORIDA ORLANDO, FL. 32802-2193 ANNAPOLIS, MARYLAND CHICAGO, ILLINOIS MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee ��// FROM: Paul E. Rosenthal, Esq. , City Attorney/9- DATE: April 28, 1994 RE: Ordinance No. 94-14: Proposed Water Shortage Measures Chapter Pursuant to the discussions at the April 19, 1994 City Commission meeting, please find attached proposed Ordinance No. 94- 14 creating Chapter 175 of the Ocoee City Code to be known as the Water Shortage Measures Chapter. The adoption of the ordinance is necessary in order for the City Commission to be in a position to enforce water shortage measures both independently and in concert with the St. Johns River Water Management District and/or South Florida Water Management District. This matter is being considered as an emergency ordinance. Highlights of the proposed Water Shortage Measures Chapter are as follows: (1) The Chapter creates a legal structure for the City to impose water shortage measures and to enforce regulations similar to those of the Water Management Districts. This "standby authority" becomes effective only upon the adoption of a resolution including specific findings. (2) If the Water Management Districts declare a water shortage and the specific restrictions which they impose are more restrictive than the proposed ordinance, then the more restrictive Water Management District regulation would apply and be enforceable by the City. (3) The specific water use restriction being imposed by the City (upon the adoption of the required resolution) is a prohibition of irrigation between the hours of 8:00 a.m. and 8:00 p.m. , subject to certain specified exemptions set forth in the proposed ordinance. The general water conservation regulations of the St. Johns River Water Management District impose restrictions between the hours of 10:00 a.m. and 4:00 p.m. The exemptions in the City ordinance are the same as the exemptions utilized by the St. Johns River Water Management District with respect to its 10: 00 a.m. to 4:00 p.m. irrigation ban. A portion of the City is within the Wekiva River Basin and is subject to a Water Shortage Order entered by the St. Johns River Water Management District in June 1993 . Most of the water shortage measures under the Order which pertain to irrigation involve an 8:00 a.m. to 8:00 p.m. ban (i.e. 10:00 a.m. to 6:00 p.m. ban on overhead irrigation for agricultural use and outside nursery use) . (4) A provision is made for the imposition of penalties in the amount of $50.00 for residential violations and $100.00 for non-residential violations. (5) The ordinance is being adopted as an emergency ordinance without advertising and with only one reading and public hearing. The basis for the emergency is set forth in the proposed ordinance. The proposed ordinance has been reviewed by the City Manager and is recommended for approval. In order to be adopted as an emergency ordinance, it must receive at least a two-thirds vote of the City Commission. RECOMMENDATION: It respectfully is recommended that the City Commission find and declare the existence of an emergency under the provisions of Section 166.041 (3) (b) , Florida Statutes, and pursuant thereto approve and adopt Ordinance No. 94-14 creating Chapter 175 of the Ocoee City Code entitled Water Shortage Measures Chapter. Enclosures /bs -2- fYM :fRIJ(iL -l..f Tn.i�F.yiY� ' a.'1-.: .. .. ti SA „ ~993 MUNICIPALITIES Ch. 166 i4 tent with the ordinances of the county or munici- (6) Each municipality shall, by ordinance or charter r ”'•or state or federal law.For any person who will pro- provision, provide procedures for filling a vacancy in l•' special wastes or biomedical waste, as the same office caused by death, resignation, or removal from - defined by state or federal law or county or city office.Such ordinance or charter provision shall also pro- A' ance, the municipality may require satisfactory vide procedures for filling a vacancy in candidacy i •of a contract or similar arrangement by which spe- caused by death,withdrawal,or removal from the ballot •"'• '•.biomedical wastes will be collected by a qualified of a qualified candidate following the end of the qualify- ; 6 fl, •;•uly licensed collector and disposed of in accord- ing period which leaves fewer than two candidates for~ q ;with the laws of Florida or the Federal Government. an office. ! E Notwithstanding the prohibition against extra History.—s.1,ch.73-129;S.1,Ch.86-95;S.1,Ch.90-106;s 43.ch.90-315 { ' t-" ;sensation set forth in s. 215.425, the governing •) of a municipality may provide for an extra compen- 166.032 Electors.—Any person who is a resident of i • program, including a lump-sum bonus payment a municipality, who has qualified as an elector of this i* r 3y %`ram, to reward outstanding employees whose per- state, and who registers in the manner prescribed by l e .nce exceeds standards, if the program provides general law and ordinance of the municipality shall be j bonus payment may not be included in an employ- a qualified elector of the municipality. era!".r '„regular base rate of pay and may not be carried for- History.—s.1,ch.73-129 'A, e 'i• in subsequent years. : `'F, .—s.1,ch.73-129:s.1,ch.77-174;S.2,ch.90-332;s.2,ch.92-90:s 166.041 Procedures for adoption of ordinances s N 207. and resolutions.— >ns '^ fig-' .031 Charter amendments.— (1) As used in this section, the following words and tate ef'. - The governingbodyof a municipality may, byterms shall have the following meanings unless some ;f P Y 3eneral ante,or the electors of a municipality may, by peti- other meaning is plainly indicated: t' (a) "Ordinance"means an official legislative action of • '"signed by 10 percent of the registered electors as a governing body, which action is a regulation of a gen #j ant t0 .e last preceding municipal general election, submit eral and permanent nature and enforceable as a local 3.1(g)• -,.e electors of said municipality a proposed amend- law. - to its charter, which amendment may be to any (b) "Resolution"means an expression of a governing 'or to all of said charter except that part describing ercise - .oundaries of such municipality. The governing body concerning matters of administration, an expres :is the = •, ti. ^q of the municipality shall place the proposed sion of a temporary character,or a provision for the dis- icipai position of a particular item of the administrative busi t =ndment contained in the ordinance or petition to a rental• ,1,,,',,,I ness of the governing of the electors at the next general election held g g bod Y' lrohib'., . 1". hin the municipality or at a special election called for (2) Each ordinance or resolution shall be introduced ;ounty' ' r" i- p y p in writing and shall embrace but one subject and mat- ` Dosed e.{; pUpose.pon adoption of an amendment to the charter ters properly connected therewith.The subject shall be f U other 'municipality by a majority of the electors voting in clearly stated in the title. No ordinance shall be revised f' ling in.` -ferendum upon such amendment, the governing or amended by reference to its title only. Ordinances to s in a•w, a of said municipality shall have the amendment revise or amend shall set out in full the revised or exer•f°. porated into the charter and shall file the revised amended act or section or subsection or paragraph of '': area : er with the Department of State. All such amend- a section or subsection. ' PalitY :.',Pts are effective on the date specified therein or as (3)(a) Except as provided in paragraph (c), a pro- 1 l ': --wise provided in the charter. posed ordinance may be read by title, or in full, on at pholi_•;.. ) A municipality may amend its charter pursuant to least 2 separate days and shall,at least 10 days prior to t tom`»` :.'section notwithstanding any charter provisions to adoption,be noticed once in a newspaper of general cir- `__ °^contrary. This section shall be supplemental to the culation in the municipality. The notice of proposed ig to isions of all other laws relating to the amendment of enactment shall state the date, time, and place of the ' 'vim? icipal charters and is not intended to diminish any meeting; the title or titles of proposed ordinances; and thout'u_ T• tantive or procedural power yes -• in any munici- the place or places within the municipality where such led in$,:: ro osed ordinances ma be ins ected b the ublic. •1 -!ty by present law. A municipality ma• •y ordinance P P Y P Y P i and'; • without referendum, redefine its b. •daries to The notice shall also advise that interested parties may acted < nude only those lands previously annexe• d shall appear at the meeting and be heard with respect to the ``•" -said redefinition with the Department of Stat- rsu- proposed ordinance. i ` lye ,; ORDINANCE NO. 94-14 AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO WATER SHORTAGE MEASURES; ADOPTING A NEW CHAPTER 175 OF THE OCOEE CITY CODE; PROVIDING FOR INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR WATER USE RESTRICTIONS; PROVIDING FOR EXEMPTIONS, ALTERNATIVE WATER CONSERVATION PRACTICES; PROVIDING FOR PENALTIES; PROVIDING FOR FILING WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Ocoee has been experiencing problems with inadequate pressure in its potable water system; and WHEREAS, problems with the potable water system have resulted in estimated present and anticipated demand exceeding estimated present and anticipated available water supply such that a water shortage currently exists; and WHEREAS, the City of Ocoee has an immediate and emergency need for measures to address the water shortage in order to assure an adequate supply of water to water users within the City of Ocoee's water service territory; and WHEREAS, the above circumstances constitute an emergency under Section 166. 041, Florida Statutes; and WHEREAS, this ordinance has been adopted as an emergency ordinance by at least a two-thirds vote of the City Commission of the City of Ocoee; and WHEREAS, the City of Ocoee has a need for a mechanism to quickly institute water shortage measures during any future water shortage; and WHEREAS, the City Commission of the City of Ocoee desires to set forth water shortage measures enforceable by the City which will be in effect during periods set forth by resolution of the City Commission of the City of Ocoee. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. Adoption of New Chapter. A new Chapter 175 of the Code of Ordinances of the City of Ocoee, Florida, entitled Water Shortage Measures, is hereby adopted as follows: CHAPTER 175 WATER SHORTAGE MEASURES Section 175-1. Title; authority. A. This chapter shall be known and may be cited as the "Water Shortage Measures Chapter". B. The City has the authority to adopt this chapter pursuant to Article VIII of the Constitution of the State of Florida, and Chapter 166, Florida Statutes. Section 175-2 . Intent. The intent of this chapter is to set forth uniform citywide water shortage principles consistent with the applicable rules of both the St. Johns River Water Management District and the South Florida Water Management District in order to provide for the safe and prudent use of a limited and valuable resource during a water shortage. During such times as either the St. Johns River Water Management District or the South Florida Water Management District declare a water shortage pursuant to Florida Administrative Code Chapters 40C-21 and 40E-21, respectively, as they may from time- to-time be amended, the specific restrictions imposed by the applicable Water Management District which are more restrictive than the regulations set forth in this chapter shall apply to those areas of the City within the jurisdiction of the applicable Water Management District and shall be fully enforceable by the City. Section 175-3. Applicability. Notwithstanding any provisions of this chapter, this chapter shall not apply to consumptive uses of water which (i) meet or exceed an individual permitting threshold under Florida Administrative Code Rule 40C- 2 . 041(1) , 0C-2 . 041(1) , or (ii) is issued an individual permit under Chapter 40E-2, Florida Administrative Code. Further, the provisions of this chapter will only be applicable when the City Commission, by resolution, finds that the following circumstances exist: A. The estimated present and anticipated demand for water exceeds the estimated present and anticipated available water supply such that a water shortage exists; and B. The City has an immediate need for measures to address the water shortage to assure an adequate supply of water to water users within the City of Ocoee's water service territory. Section 175-4. Definitions. A. Micro-Irrigation means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the vegetation being irrigated and to allow that water to be placed with a high degree of efficiency in the root zone of the vegetation. B. Person means any individual, firm, association, organization partnership, business trust, corporation, company, agent, employee, political subdivision, state, district, region, or any other legal entity. C. Reclaimed Water means treated domestic wastewater that meets the standards defined by the Department of Environmental Protection for irrigation on areas that may be accessible to the public. D. Vegetation means any living plant, including grass, shrubs, or trees. Section 175-5. Water Use Restrictions. Subject to the exemptions and alternative water conservation practices set forth in Section 175-6, no person shall irrigate or cause to be irrigated any vegetation including, but not limited to, lawns, landscaping, agricultural crops, nursery plants, golf courses, or recreational areas (regardless of whether public or private water resources are utilized) between the hours of 8 : 00 a.m. and 8: 00 p.m. Section 175-6. Exemptions; alternative water conservation practices. Notwithstanding the restrictions set forth in Section 175-5 above, vegetation may be irrigated between the hours of 8:00 a.m. and 8:00 p.m. provided that proof of compliance with an exemption or alternative water conservation practice identified in this section is readily available to enforcement personnel and the person meets one or more of the following criteria: A. use of a micro-irrigation system; B. use of reclaimed water; C. use of recycled water from wet detention treatment ponds, provided the ponds are not augmented from any ground or offsite surface water or public water supply sources; D. irrigation of, or in preparation for planting, new landscaping, new sod, agricultural crops, or nursery stock, during one 30-day period provided that irrigation is limited to the amount necessary for crop or plant establishment and irrigation of new landscaping and newly seeded or sprigged golf course areas, during one 60-day period; E. chemigation and fertigation by irrigation one time per week; F. watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, the manufacturer, or best management practices, within 24 hours of application; G. operation of irrigation systems for maintenance or repair purposes not to exceed ten minutes per hour per zone; H. irrigation of agricultural crops by seepage systems which regulate off-site discharges through the use of water control structures, provided the discharge does not overtop the control structure by more than one-half inch, there is no discharge between 1: 00 p.m. and 7: 00 p.m. unless associated with a storm event, and the structure is well maintained; I. use of water to protect agricultural crops and nursery plants, except ferns, from frost or freeze damage when freezing temperatures or frost are predicted by an official weather forecasting service; J. use of water to protect ferns from frost or freeze damage when the "wet bulb" temperature, as measured by a "wet bulb" thermometer at the site of application, is 34 degrees Fahrenheit or less (Freeze protection must cease when temperatures rise above 40 degrees Fahrenheit) ; K. use of water to protect agricultural crops, nursery plants, or golf course turf from heat stress damage, provided the watering does not exceed ten minutes per hour per zone or one twenty minute period per day, whichever is applicable; L. irrigation of agricultural crops by traveling volume guns which require manual repositioning; or M. irrigation using one hand-held hose equipped with an automatic shut-off nozzle. Section 175-7. Penalties. Any person violating any provision of this chapter shall, upon conviction, be punished by a fine of $50. 00 per violation relating to a residential use and $100. 00 per violation relating to a non-residential use. Each day such violation is committed or permitted to continue shall constitute a separate offense. Nothing contained in this chapter shall be construed to prohibit the issuance of warning citations with respect to which no fine is imposed. SECTION TWO. Declaration of Emergency. The City Commission of the City of Ocoee hereby finds and declares that an emergency exists under the provisions of Section 166. 041(3) (b) , Florida Statutes, and that it is in the best interests of the residents of the City that this ordinance be adopted as an emergency ordinance. SECTION THREE. Piling with the Department of Environmental Protection. In order to comply with Section 373 . 023 , Florida Statutes, the City Clerk is hereby directed to file a certified copy of this ordinance with the Department of Environmental Protection. SECTION FOUR. 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 FIVE. 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 relettered 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 relettered 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 recodified copy of same with the City Clerk. SECTION SIB. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. • ' PASSED AND ADOPTED as an emergency ordinance by at least a two-thirds vote of the City Commission of the City of Ocoee this day of , 1994. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) READ FIRST TIME AND ADOPTED , 1994, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1994 . FOLEY & LARDNER By: City Attorney c:\wpst‘a«, .y.�.co 4/28/941a1/18140021mer: