Ordinance 2010-007 Chapter 175 - Water Conservation for Landscape Irrigations
ORDINANCE NO. 2010-007
AN ORDINANCE OF THE CITY OF OCOEE FLORIDA
PROVIDING FOR LOCAL IMPLEMENTATION OF THE
WATER CONSERVATION RULE FOR LANDSCAPE
IRRIGATION OF THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT; REPEALING THE CURRENT
CHAPTER 175 OF THE CITY CODE ENTITLED WATER
SHORTAGE MEASURES AND ADOPTING A NEW
CHAPTER 175 ENTITLED WATER CONSERVATION FOR
LANDSCAPE IRRIGATION; PROVIDING INTENT,
PURPOSE AND DEFINITIONS; PROVIDING LANDSCAPE
IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS
TO THE LANDSCAPE IRRIGATION SCHEDULES;
PROVIDING FOR ADDITIONAL REQUIREMENTS FOR
AUTOMATIC IRRIGATION SYSTEMS; PROVIDING
FOR VARIANCES FROM THE SPECIFIC DAY OF THE
WEEK LIMITATIONS; PROVIDING FOR CITYWIDE
APPLICATION OF NEW CHAPTER 175; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR
APPEAL OF VIOLATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the St. Johns River Water Management District ("SJRWMD") has
responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the
consumptive use of water within the SJRWMD; and
WHEREAS, the St. Johns River Water Management District has amended Rule 40C-2.042,
F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses below
consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and
WHEREAS, Rule 40C-2.042(2)(a), F.A.C., grants a general permit to each person located
within the District to use, withdraw or divert water for small landscape irrigation uses, provided that
irrigation occurs in accordance with certain schedules and exceptions set forth therein; and
WHEREAS, Rule 40C-2.042(2), F.A.C., applies to landscape irrigation regardless of
whether the water comes from ground or surface water, from a private well or pump, or from a
public or private utility; and
WHEREAS, the South Florida Water Management District ("SFWMD") adopted Rule
40E-2.061, F.A.C., which grants a No Notice General Permit by rule to use, withdraw, or divert
water at a single family dwelling or duplex for home lawn and ornamental irrigation, car washing,
and other incidental outdoor uses provided that water is obtained from a single on-site withdrawal
facility. and that landscape irrigation is conducted in accordance with Chapters 40E-24. F.A.C.
WHEREAS, the SFWMD also amended Chapter 40E-24, F.A.C., which applies to all
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
landscape irrigation regardless of whether the water comes from ground or surface water, from a
private well or pump, or from a public or private utility;
WHEREAS, Rule 40C-2.042(2)(b), F.A.C., strongly encourages a local government to
adopt an ordinance to enforce Rule 40C-2.042(2)(a), F.A.C., within its jurisdiction by adopting a
landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C-
2.042(2)(a), F.A.C.; and
WHEREAS, Rule 40E-24.301(3), F.A.C., authorizes a local government whose
jurisdiction is divided between the SFWMD and another water management district to enact an
ordinance providing for alternative landscape irrigation conservation measures as necessarv for the
local government to achieve a uniform schedule within its jurisdiction.
WHEREAS, Rule 40E-24.501(3), F.A.C. provides that a local government may adopt an
ordinance to locally enforce the year-round landscape irrigation water conservation measures;
WHEREAS, it is the desire of the City of Ocoee to adopt such an ordinance in accordance
with Rules 40C-2.042(2)(a) and (b), 40E-24.201 and 40E-24.301, F.A.C.; and
WHEREAS, a copy of this Ordinance has been delivered to the SJR WMD and SFWMD at
least thirty (30) days prior to it adoption; and
WHEREAS, the City Commission of the City of Ocoee hereby finds and declares that the
adoption ofthis ordinance is appropriate, and in the public interest of the citizens ofthis 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. Repeal. Chapter 175 of the Code of Ordinances of the City of
Ocoee, Florida, entitled Water Shortage Measurers, is hereby repealed in its entirety.
SECTION 3. Adoption of New Chapter. A new Chapter 175 of the Code of
Ordinances of the City of Ocoee, Florida, entitled Water Conservation for Landscape Irrigation,
is hereby adopted as follows:
CHAPTER 175
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
WATER CONSERVATION FOR LANDSCAPE IRRIGATION
~ 175-1.
TITLE; AUTHORITY.
A. This chapter shall be known and may be cited as the "Water Conservation
for Landscape Irrigation Chapter".
B. The city has the authority to adopt this chapter pursuant to Article VIII of
the Constitution of the State of Florida, Chapter 166, Florida Statutes and Rule 40C-2.042,
Florida Administrative Code
~ 175-2.
INTENT AND PURPOSE
It is the intent and purpose of this chapter to implement uniform citywide procedures that
promote water conservation through more efficient landscape irrigation.
175-3.
DEFINITIONS
For the purpose of this chapter, the following terms, phrases, words and their
derivatives shall have the meaning given herein. When not inconsistent with the context, words
used in the present tense include the future, words in the plural include the singular, and words
in the singular include the plural.
1. "Address" means the house number of a physical location of a specific
property. This includes "rural route" numbers but excludes post office
box numbers. If a lot number in a mobile home park or similar
community is used by the U.S. Postal Service to determine a delivery
location, the lot number shall be the property's address. An "even
numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or
the letters A-M. An "odd numbered address" means an address ending in
the numbers 1,3, 5, 7, 9 or the letters N-Z.
2. "Administrator" means the Utilities Director or his designee, or such other
person as may from time-to-time be designated by the City Manager.
3. "District" means the St. Johns River Water Management District.
4. "Person" means any person, firm, partnership, association, corporation,
company, or organization of any kind.
5. "Landscape irrigation" means the outside watering of plants in a landscape
such as shrubbery, trees, lawns, grass, ground covers, plants, vines,
gardens and other such flora that are situated in such diverse locations as
residential areas, public, commercial, and industrial establishments, and
public medians and rights-of-way. "Landscape irrigation" does not
include agricultural crops, nursery plants, cemeteries, golf course greens,
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
tees, fairways, primary roughs, and vegetation associated with recreational
areas such as playgrounds, football, baseball, soccer and athletic fields.
6. "Residential landscape irrigation" means the irrigation of landscape
associated with any housing unit having sanitary and kitchen facilities
designed to accommodate one or more residents, including multiple
housing units and mobile homes.
7. "Non-residential landscape irrigation" means the irrigation of landscape
not included within the definition of "residential landscape irrigation,"
such as that associated with public, commercial and industrial property,
including commercial or transient housing units, hotel and motel units, and
public medians and rights-of-way.
175-4.
LANDSCAPE IRRIGATION SCHEDULES
A. When Daylight Savings Time is in effect, landscape irrigation shall occur
only in accordance with the following irrigation schedule:
1. Residential landscape irrigation at odd numbered addresses or no address
may occur only on Wednesday and Saturday and shall not occur between
10:00 a.m. and 4:00 p.m.; and
2. Residential landscape irrigation at even numbered addresses may occur
only on Thursday and Sunday and shall not occur between 10:00 a.m. and
4:00 p.m.; and
3. Non-residential landscape irrigation may occur only on Tuesday and
Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and
4. No more than % inch depth of water may be applied to an irrigation zone
on each day that landscape irrigation occurs and in no event shall
landscape irrigation occur for more than one (l) hour per irrigation zone
on each day that landscape irrigation occurs.
B. When Eastern Standard Time is in effect, landscape irrigation shall occur
only in accordance with the following irrigation schedule:
1. Residential landscape irrigation at odd numbered addresses or no address
may occur only on Saturday and shall not occur between 10:00 a.m. and
4:00 p.m.; and
2. Residential landscape irrigation at even numbered addresses may occur
only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and
3. Non-residential landscape irrigation may occur only on Tuesday and shall
not occur between 10:00 a.m. and 4:00 p.m.; and
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
4. No more than % inch depth of water may be applied to an irrigation
surface on each day that irrigation occurs and in no event shall landscape
irrigation occur for more than one (l) hour per irrigation zone on each day
that landscape irrigation occurs.
C. All landscape irrigation shall be limited in amount to only that necessary
to meet landscape needs.
175-5.
EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES
Landscape irrigation shall be subject to the following irrigation schedule exceptions:
1. Irrigation using a micro-spray, micro-jet, drip or bubbler irrigation system
is allowed anytime.
2. Irrigation of new landscape is allowed any time of day on any day for the
initial thirty (30) days and every other day for the next thirty (30) days for
a total of one sixty (60) day period, provided that the irrigation is limited
to the minimum area and/or amount necessary for such landscape
establishment.
3. Watering in of chemicals, including insecticides, pesticides, fertilizers,
fungicides, and herbicides, when required by law, the manufacturer, or
best management practices, is allowed any time of day on any day within
24 hours of application. Watering in of chemicals shall not exceed lf4 inch
of water per application except as otherwise required by law, the
manufacturer, or best management practices.
4. Irrigation systems may be operated at any time of day on any day for
maintenance and repair purposes not to exceed 20 minutes per hour per
zone.
5. Irrigation using a hand-held hose equipped with an automatic shut-off
nozzle is allowed at any time of day on any day.
6. Discharge of water from a water-to-air air-conditioning unit or other
water-dependent cooling system is not limited.
7. The use of water from a reclaimed water system is allowed anytime. For
the purpose of this exception, a reclaimed water system includes systems
in which the primary source is reclaimed water, which mayor may not be
supplemented from another source during peak demand periods.
8. The use of recycled water from wet detention treatment ponds for
irrigation is allowed anytime provided the ponds are not augmented from
any ground or off-site surface water, or public supply sources.
175.6 ADDITIONAL REQUIREMENT FOR AUTOMATIC IRRIGATION
SYSTEMS
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
Any person who purchases and installs an automatic' landscape irrigation system must
properly install, maintain and operate technology that inhibits or interrupts operation of the system
during periods of sufficient moisture. This provision is supplemental to other provisions of the
Code of Ordinance of the City ofOcoee with respect to automatic landscape irrigation systems.
175-7.
VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS
A variance from the specific landscape irrigation days or day set forth in this chapter may be
granted by the Administrator if strict application of the scheduled days or day would lead to
unreasonable or unfair results in particular instances, provided that the applicant demonstrates with
particularity that compliance with the scheduled days or day will result in a substantial economic,
health or other hardship on the applicant requesting the variance or those served by the applicant.
Where a contiguous property is divided into different zones, a variance may be granted hereunder so
that each zone may be irrigated on different days than other zones of the property. However, in no
event shall a variance allow a single zone to be irrigated more than two days per week during
Daylight Savings Time or more than one day per week during Eastern Standard Time.
175-8.
CITYWIDE APPLICATION OF CHAPTER
The provisions of this chapter shall apply to all property located within the corporate
limits of the City, including property located within the South Florida Water Management
District.
175-9.
ENFORCEMENT.
A. The Administrator shall oversee the daily administration of the provisions of
this chapter, including enforcement and the maintenance of records regarding violations ofthis
Chapter. The Administrator is specifically authorized to enforce the provisions of this chapter
and issue citations and levy fines in connection therewith.
B. Every police officer having jurisdiction in the City of Ocoee shall, in
connection with all other duties imposed by law, diligently enforce the provisions of this chapter
and shall have the authority to issue citations and levy fines in connection therewith. In addition,
the City Manager may also delegate enforcement responsibility for this chapter to designated
. employees of the city, who shall have the authority to enforce the provisions of this chapter and
issue citations and levy fines in connection therewith.
C. A Notice of Warning and/or Notice of Violation shall be provided to
customers by placement of a door hanger and by U.S. mail. The mailing requirement may be
satisfied by including ay such notice in the monthly water bill issued by the city. Failure of
resident to receive notification shall not excuse the customer of a violation.
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
D. Any fines levied under this chapter shall be in accordance with the
provisions of Section 175-10.
E. Any person who receives a Notice of Violation under the provisions of
this chapter may appeal the issuance of such Notice of Violation and the imposition of the fine or
fee in writing to the Administrator, who shall have the authority to waive the fine or fee as
provided in Section 175-11.
175-10.
PENAL TIES
A. Any person violating any provision of this chapter shall be subject to the
following fines or fees:
Violation
First Violation
Second Violation
Third Violation
Fourth Violation
Fifth and Greater Violation
Pines
Written Warning
$ 50.00
$100.00
$250.00
$500.00
B. The above fines or fees shall be applicable to both residential and non-
residential water users. Each day such violation is committed or permitted to continue shall
constitute a separate offense. Following the expiration of the appeal period as set forth in
Section 175-11 below (or following the disposition of an appeal if a timely appeal is filed with
the Administrator and such appeal is denied), fines or fees levied pursuant to this section shall be
set forth in the violator's monthly water bill issued by the city for potable water service and shall
be considered as an additional fee for receipt of potable water service. If such water bill is not
paid in full, including the fine or fee levied in conjunction herewith, in the time allowed for
payment of such bill as provided in Chapter 173 ofthe City Code, then the city shall have the
right to collect such fine or fee in the same manner as the collection of other water fees and
charges, including but not limited to the right to terminate water service to the violator pursuant
to the provisions of 9 173-4 of the City Code.
C. The Administrator is hereby authorized to waive any monetary fine if the
violator agrees to attend a City-sponsored water conservation event, take a self study
course/program approved by the Administrator (verification required), attend a water
conservation program approved by the Administrator and/or attend or participate in another
water conservation education opportunity approved by the Administrator. Any violator who
agrees to the foregoing in order to obtain the waiver of a fine must submit acceptable
documentation of compliance to the Administrator within ninety (90) days from the date of the
Notice of Violation. In the event acceptable documentation is not submitted within said
timeframe, then the Administrator may reinstate the fine. This provision shall not be continually
extended to chronic and/or patterned violators. The Administrator shall maintain records of any
monetary fines waived pursuant to the foregoing provision.
175-11.
APPEAL OF VIOLATIONS
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
A. All appeals must be in writing and submitted to the Administrator within
twenty-eight (28) days of the date of the Notice of Violation. All supporting documentation must
accompany the appeal.
B. Appeal of a violation may be granted by the Administrator based on the
following:
1. Damaged Irrigation System: Violations that are directly attributed to
failure of an irrigation system may be overturned following repair of the
system. A repair bill or material ticket is required for the overturning of
the violation on this basis.
2. Situations beyond the Control of the Violator: Violations due to situation
that are beyond the control of the violator may be overturned. Specific
circumstances must be presented in the appeal.
3. Clear evidence is submitted that the water use falls under one of the
exceptions listed in Section 175-5.
C. Appeals shall be reviewed by the Administrator and customer shall be
notified in writing as to disposition of the appeal. No hearings shall be allowed in connection
with the appeal. However, the Administrator may request additional information from the
violator.
the appeal.
D. The decision of the Administrator constitutes final action by the City on
SECTION 4. Severabilitv. 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 5. 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
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)
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 6. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this ~day of JI.)J{\-L--
,2010.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
5 5'~~
s. Scott Vandergrift, Mayor
~[1W
e Eikenberry,Ci~
(SEAL)
ADVERTISED JUY\..(, (;,2010
READ FIRST TIME jun..t I ,2010
~SECOND~IMEANDADOPTED
V\t l ~ ,2010
UNDER AGENDA ITEM NO. ~
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY ~
this Jrday orJike ,2010.
::Lv:Jiw
City Attorney
Ocoee Ordinance Chapter 175 (rev. 1/14/2010)