0537 Water Shortage EmergencyORDINANCE NO. 537
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA:
PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER
• SHORTAGE PLAN OF THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT; PROVIDING DEFINITIONS;
PROVIDING FOR APPLICATION OF ORDINANCE; PROVIDING
FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a water shortage or water shortage emergency may be
declared from time to time by the South Florida Water Management
District affecting the City of Okeechobee; and
WHEREAS, during such water shortage condition the amount of
surface and groundwater supplies may be insufficient to meet
current or anticipated demands; and
WHEREAS, upon the existence of such conditions it becomes
imperative to the public well being that certain uses of water be
restricted or curtailed and that avaiable water resources be
allocated; and
WHEREAS, the South Florida Water Management District has
adopted a "Water Shortage Plan", codified as Chapter 40E-21,
Florida Administrative Code, for the purpose of allocating and
conserving the water resource during periods of waiver shortage
and maintaining a uniform approach towards water use
restrictions; and
WHEREAS, the South Florida Water Management District has
requested the assistance of the City of Okeechobee in the
enforcement of the provisions of the "Water Shortage Plan"; and
WHEREAS, it is the desire of the City Council of the City of
Okeechobee to provide the South Florida Water Management District
with all possible assistance in the enforcement of the provisions
of the "Water Shortage Plan" during a water shortage or water
shortage emergency; and
WHEREAS, section 373.609 Florida Statutes,. provides that it
shall be the duty of the county/municipal governmental and law
enforcement officials to assist the South Florida Water
management District in the enforcement of Chapter 373, Florida
Statutes, and any rules adopted thereunder, upon request by the
• South Florida Water Management District.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF OKEECHOBEE, FLORIDA:
Section 1. INTENT AND PURPOSE
1.01 It is the intent and purpose of this ordinance to
protect the water resouces of the City of Okeechobee from the
harmful effects of overutilization during periods of water
shortage and allocate available water supplies by assisting the
South Florida Water Management District in the implementation of
its Water Shortage Plan.
Section 2. DEFINITION
2.01 For the purpose of this Ordinance 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. The
word "shall" is always mandatory and not merely directory.
(a.) "District" is the South Florida Water Management
District.
(b.) "Person" is any person, firm, partnership,
association, corporation, company, or organization of any
kind.
(c.) "Water resource" means any and all water on or beneath
the surface of the ground, including natural or artificial
water courses, lakes, ponds, or diffused surface water, and
water percolating, standing, or flowing beneath the surface
of the ground.
(d.) "Water shortage condition" is when sufficient water is
not available to meet present or anticipated needs of
persons using the water resouce, or when conditions are such
as to require temporary reduction in total water usage
within a particular area to protect the water resource from
serious harm. A water shortage usually occurs due to
drought.
(e.) "Water shortage emergency" means that situation when
the powers which can be exercised under part II of chapter
40E-21, Florida Administrative Code, are not sufficient to
protect the public health, safety, or welfare, or the health
of animals, fish or aquatic life, or a public water supply,
or commercial, industrial, agricultural, recreational or
other reasonable uses.
Section 3. APPLICATION OF ORDINANCE
3.01 The provisions of this ordinance shall apply to all
persons using the water resource within the geographical areas
• subject to the "water shortage" or "water shortage emergency,"
l~Jr~x\Q~~CQ
n
as determined by the District, whether from public or privately
owned water utility systems, private wells, or private
connections with surface water
bodies. This ordinance shall not
apply to persons using treated effluent or saltwater.
Section 4. AMENDMENTS TO WATER SHORTAGE PLAN
4.01 Chapter 40E-21, Florida Administrative Code, as same
may be amended from time to time, is incorporated herein by
reference as a part of the City of Okeechobee, Florida Code of
Ordinances.
Section 5. DECLARATION OF WATER SHORTAGE; WATER SHORTAGE
5.01 The declaration of a water shortage or water shortage
emergency within all or any part of the City of Okeechobee by the
Governing Board or the Executive Director of the District shall
invoke the provisions of this Ordinance. Upon such declaration
all water use restrictions or other measures adopted by the
District applicable to the City of Okeechobee, or any portion
thereof, shall be subject to enforcement action pursuant to this
Ordinance. Any violation of the provisions of Chapter 40E-21,
Florida Administrative Code, or any order issued pursuant
thereto, shall be a violation of this Ordinance.
Section 6. ENFORCEMENT
6.01 Every police officer or sheriff having jurisdiction in
the area governed by this ordinance shall, in connection with all
other duties imposed by law, diligently enforce the provisions of
this Ordinance. In addition, the City Administrator or
Administrative Assistant may also delegate enforcement
responsibility for this Ordinance to agencies and departments of
City government, or cities in the service areas governed by this
Ordinance, in accordance with state and local law.
Section 7. PENALTIES
7.01 Violation of any provision of this Ordinance shall be
subject to the following penalties:
is First violation $25.00
Second and subsequent violations Fine not to exceed $500.00
and/or imprisonment in the
• County jail not to exceed
60 days.
Each day in violation of this Ordinance shall constitute a
separate offense. In the initial stages of a water shortage or
water shortage emergency, law enforcement officials may provide
violators with no more than one written warning. The City, in
addition to the criminal sanctions contained herein, may take any
other appropriate legal action, including but not limited to
emergency injunctive action, to enforce the provisions of this
Ordinance.
Section 8. WATER USERS TO ACCEPT PROVISIONS OF ORDINANCE
8.01 No water service shall be furnished to any person by a
public or private utility unless such person agrees to accept all
the provisions of this Ordinance. The acceptance of water
service shall be in itself the acceptance of the provisions
thereof.
Section 9. ORDINANCES REPEALED
9.01 All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 10. SEVERABILITY
10.01 If any section, sentence, clause or phrase of this
Ordinance is held to be invalid or unconstitutional by any Court
of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this Ordinance.
Section 11. INCLUSION
11.01 It is the intention of the City Council that the
provisions of this Ordinance shall become and be made a part of
the City of Okeechobee, Florida Code of Ordinances and that the
sections of this Ordinance may be renumbered or relettered and
the word "ordinance" may be changed to "section," "article, or
such other appropriate word or phrase in order to accomplish such
intentions.
Section 12. EFFECTIVE DATE
12.01 This Ordinance shall be immediately certified by the
• City Clerk to the Department of State and shall take effect upon
receipt of official acknowledgment by the City Clerk that it has
been filed.
Introduced on first reading an for public hearing this lst day of April, 19~
Mayor a and R. n
Attest:
bUNNIE OMAS
Clerk
Read and passed on second and in ublic hearin this 15th y of April, 1985.
MAYOR OAKLAND R. CHAPMVr
ATTEST :
BONNIE S. THOMAS, CITY CLERK