1989-09 Water ConservationRESOLUTION 89-9
iA RESOLUTION 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
RESOLUTION, PROVIDING FOR ENFORCEMENT AND
PENALTIES PROVIDING FOR EXCEPTIONS, APPEAL
PROCEDURE AND SEVERABILITY CLAUSE, PROVIDING
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 groundwater 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 available 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 1. DEFINITIONS:
For the purpose of this resolution 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 Fx(-.cutive
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 the resolution shall apply to all users
of city supplied water, as authorized by the City Code 18--42.
•
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, as well as
water supplied outside the corporate limits.
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:
All obvious waste is prohibited, all ornamental
fountains off, essential services are unrestricted,
no daytime hydrant flushing.
LANDSCAPE IRRIGATION/RECREATION AREA USE
(Includes residential, commercial, recreation areas,
cemeteries, etc.)
Irrigation system testing and adjusting limited to 10
minutes per zone, one time only.
Existing Installation Under 5 acres: 4 a.m. - 8 a.m.
Monday, Wednesday and
Saturday
For odd addresses.
4 a.m. - 8 a.m.
Tuesday, Thursday and
Sunday
For even addresses and
locations with no
address or multiple
addresses.
Over 5 acres: 12:01 a.m. - 8 a.m.
Monday, Wednesday and
Saturday
For odd addresses
12:01 a.m. - 8 a.m.
Tuesday, Thursday and
Sunday
For even addresses and
locations with no
address or multiple
addresses.
New Installation Under 5 acres: 4 a.m. - 8 a.m.
(Planted less Monday through Friday
than 30 days)
• Over 5 acres: 2 a.m. - 8 a.m.
Monday through Friday
No restriction on low volume hand watering (handheld, directed to
plant root system).
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OTHER OUTSIDE USES
Street, sidewalk, driveway washing with water prohibited
Vehicle Washing Home:
4 a.m. - 8 a.m.
on landscape watering
days, vehicle must be
on pervious surface.
Commercial: Cars, vans, small
trucks (under 10,000
lb. gross vehicle
weight) - 75 gallons
or less.
Larger trucks (over
10,000 lb. gross
vehicle weight) - 150
gallons or less.
Pressure Cleaning No restriction on
(Private or Commercial) days, hours.
Golf Courses Greens and tees -
Night only.
Front 9 fairways and
roughs - Monday,
Wednesday, Saturday
12:01 a.m. - 8 a.m.
Back 9 fairways and
roughs - Tuesdays,
Thursday, Sunday
12:01 a.m. - 8 a.m.
Swimming Pools Drain onto ground; no
other restrictions.
Nurseries
Low volume and
low volume hand
watering- Voluntary.
*Overhead - inside
8 a.m. - 8 p.m.,
7 days.
Overhead - outside
7 p.m. - 7 a.m.
7 days.
Flood - 8 days per
month.
Agriculture Overhead irrigation -
(Coastal Areas) 2 p.m. - 10 a.m. only,
no other restriction.
* If a nursery has an overhead covering of any sort it is
considered inside.
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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, and employees of the public utilities
department, as designated by the City Administrator, shall be
empowered to issue warnings only.
SECTION 5. PENALTIES:
Violation of any provision of this resolution and 18-42
of the Code of Ordinances shall be subject to the following
penalties:
First Violation. . . . . . . .Warning
Second Violation . . . . . . .$50.00 fine under F.S.
373.613
Third Violation. . . . . . . .Summons as authorized by
F.S. 373.613 to appear in
County Court.
SECTION 6. SURCHARGE:
All users are subject to payment of the emergency rate
surcharge in Resolution No. 89-5 effective November 1, 1989, for
water usage in relation to the percentage water use reduction set
by the council at 10%.
SECTION 7. APPEALS:
Any person receiving a warning under this resolution
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 resolution. On second and
subsequent violations, such person will be subject to F.S. 373.613,
and jurisdiction of the County Court.
SECTION 8. 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.
SECTION 9. RESOLUTIONS REPEALED:
All resolutions or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 10. SEVERABILITY:
• In the event that any section or provision of this
resolution 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 whole or part thereof other than the part declared to
be invalid.
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SECTION 11. WATER USES TO ACCEPT PROVISIONS OF RESOLUTION:
•
No water service shall be furnished to any person unless
the person agrees to accept all the provisions contained in this
resolution. The acceptance of water service shall be in itself the
acceptance of the provisions herein.
•
SECTION 12. EFFECTIVE DATES OF RESOLUTION:
This resolution 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, at which
time said resolution shall be null and void.
ADOPTED this Z� day of
1989.
ATTEST:
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7�
MAYOR