0434 Water Emergency RegulationsEMERGENCY ORDINANCE NO. 43 4
AN EMERGENCY ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA
• AUTHORIZING THE COUNCIL TO PROHIBIT OR CURTAIL CERTAIN
NONESSENTIAL USES OF WATER AND TO CONSERVE AVAILABLE
WATER RESOURCES DURING A DECLARED WATER SHORTAGE AND
WATER SHORTAGE EMERGENCY; DEFINING THE TERMS PERTAINING
THERETO; PROVIDING FOR APPLICATION OF ORDINANCE, PROVID-
ING FOR ENFORCEMENT AND PENALTIES, PROVIDING FOR EXCEP-
TIONS, APPEAL PROCEDURE AND SEVERABILITY CLAUSE, PROVID-
ING FOR EMERGENCY ADOPTION AND FOR OTHER PURPOSES.
WHEREAS, a water shortage or water shortage emergency has been declared by the
South Florida Water Management District; and
WHEREAS, during said times of water shortage the level of water storage and ground-
water supplying the Okeechobee area may become perilously low; and
WHEREAS, water shortage conditions may contribute to the impact of saline water
intrusion; and
WHEREAS, the existence of said conditions make it imperative to the public well
being that certain nonessential uses of water be restricted or curtailed and that avail-
able water resources be conserved; and
WHEREAS, the South Florida Water Management District, a public corporation of the
State of Florida, charged with the responsibility of the protection of the water resources
within the District, so as to realize their full beneficial use, has declared a water
shortage or water shortage emergency and has ordered the curtailment or restriction of
certain uses of water.
NOW THEREFORE, BE it ordained by the City Council of the City of Okeechobee, Florida,
as follows:
SECTION l: DEFINITIONS
For the purpose of this Ordinance the following terms, phrases, words and their
derivations shall have the meaning given herein. When not inconsistent with the context,
words used to the present tense include the future, words in the plural include the
singular, and words in the singular include the plural.
The word "shall" is always mandatory and not merely directory.
(a) " City is the City of Okeechobee, Florida.
(b) "Water Shortage" or "Water Shortage Emergency" is the declaration of such by
the Governing Board or the Executive Director of the South Florida Water Management
District pursuant to Chapter 373, Florida Statutes.
(c) "Water" is water taken from any groundwater system, surface water system or
public water supply.
SECTION 2: APPLICATION
The provisions of this Ordinance shall apply to all users of city supplied water.
SECTION 3: IMPLEMENTATION
A. Authority to Implement
The City Council finds that a water shortage exists when a water shortage or water
. shortage emergency is declared by the South Florida Water Management District which
includes the corporate limits of the City of Okeechobee, Florida.
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SECTION 3: IMPLEMENTATION (continued)
B. Restriction or Curtailment of Water Uses
Certain nonessential uses of water shall be restricted or curtailed during the
• existence of a water shortage or water shortage emergency. These shall include, but
are not limited to the following:
1. The sprinkling, watering or irrigating of shrubbery, trees, lawns, grass, ground
covers, plants, vines, and gardens shall be limited to the hours of 4:00-6:00 a.m,
and 8:00-10:00 p.m. Further, such uses of water shall be authorized:
a) For property having an odd-numbered street address, only on odd-numbered
days.
b) For property having an even numbered street address, only on even-numbered
days.
c) The provisions of this part (1) (a-b) shall not apply to those water uses
granted use permits by the District.
2. The escape of water through defective plumbing, which means to knowingly allow
water to escape through a system that is in disrepair.
3. The washing of sidewalks, driveways, porches, exterior of homes, apartments or
other outdoor surfaces.
4. The washing of business or industrial equipment and machinery, except as required
for public health.
5. The operation of any ornamental fountain or other structure using water with or
without a recirculating system.
6. The filling of swimming pools and wading pools not using a filter and recircula-
ting system.
7. The washing of automobiles, trucks, trailers, railroad cars, mobile homes,
campers, boats or any other type of mobile equipment, except at a business
enterprise established for such purpose.
8. The use of water for dust control, except as required for public health.
SECTION 4: ENFORCEMENT
Every police officer of the City of Okeechobee shall in connection with all other
duties imposed by law, diligently enforce the provisions of this law.
SECTION 5: PENALTIES
Violation of any provision of this ordinance shall be subject to the following
penalties.
First Violation .........................Warning
Second Violation ........................$25.00
Third Violation .........................$50.00
Subsequent Violations ...................Misdemeanor as authorized by the City of
Okeechobee Code.
SECTION 6: APPEALS
Any person aggrieved by the provisions and enforcement of this ordinance shall have
the right to appeal the decision to the City Council. All records will be available and
furnished upon request, to determine water usage restricted by this ordinance.
. SECTION 7: EXCEPTION TO MAINTAIN SANITATION
The City Council upon its own recognizance shall have the authority to permit a
reasonable use of water in any case necessary to maintain adequate health and sanitation
standards.
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SECTION 8: ORDINANCES REPEALED
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
whole or part thereof other than the part declared to be invalid.
In the event that any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such a decision shall not affect the validity of the remainder hereof as a
SECTION 9: SEVERABILITY
be in itself the acceptance of the provisions herein.
all the provisions contained in this ordinance. The acceptance of water service shall
SECTION 10: WATER USES TO ACCEPT PROVISIONS OF ORDINANCE
No water service shall be furnished to any person unless the person agrees to accept
SECTION 11: EFFECTIVE DATES OF ORDINANCE
This emergency ordinance shall take effect immediately after its adoption by the
City Council and shall remain in full force and effect until such time as the South
Florida Water Management District shall declare that the emergency is at an end.
Adopted as an emergency measure this 26th day of May , 1981.
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Mayor
ATTEST:
City Clerk