HomeMy WebLinkAboutO-1971-577 ORDINANCE NO. �f 7 7
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A PENAL ORDINANCE MAKING IT UNLAWFUL
AND AN OFFENCE IN THE CITY OF DANIA,
1J FLORIDA, FOR ANY PERSON, FIRM OR EN-
TITY TO USE WATER, UNDER THE TERMS
AND CONDITIONS STATED IN THE WITHIN
ORDINANCE DURING THE TIME OF A PRE-
SENT EMERGENCY WHICH EXISTS AS TO
THE WATER SUPPLY AND WHICH RESULTS
FROM A PRESENT DROUGHT; AND PROVI-
DING THAT ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH
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CONFLICT; AND PROVIDING THAT BY
j UNANIMOUS CONSENT OF ALL COMMISSION-
ERS PRESENT FOR THE INTRODUCTION OF
THE ORDINANCE AND THE READING OF THE
I ORDINANCE ON FIRST READING, ON SECOND
READING AND ON THIRD READING AT THE
MEETING OF THE CITY COMMISSION HELD
ON MAY 17, 1971: AND PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS , City of Dania owns and operates a municipal
water works and water distribution system so as to furnish water
Utility service to the inhabitants of City of Dania, Florida; and
WHEREAS, the wells used for the purpose of furnishing
water to the municipal water system are located in proximity to
the within boundaries of the city;
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jWHEREAS, because of the topographical and geographical I
conditions which exist in the city and because of the proximity
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of the municipal wells to the tide waters of the Atlantic Ocean,
the water supply, water level or water table in the general area
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that is related to the quantity of water obtained through such
wells can be diminished or destroyed as the result of excessive
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use of water by the public during times of severe drought; and
WHEREAS, during times of severe drought, it is im-
material as to whether the source of water used by inhabitants !
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of the city is from the municipal water system or from private
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wells located within the city; and
WHEREAS, as a matter of fact, the municipal water wells
have been severely threatened (as to supply) because of a recent
prolonged drought that now exists because of a lack of rainfall;
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and
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WHEREAS, the city manager, as an emergency measure,
has previously issued declarations and proclamations asking the
inhabitants of the city not to use water for the purpose of
sprinkling or watering lawns or for the purpose of washing pri-
vate motor vehicles; and j
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WHEREAS, while most inhabitants of the city have given
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absolute cooperation, a few inhabitants have failed to cooperate;
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and i 'a
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WHEREAS, the city commission desires to make it a penal f
offence to use water it sites within the city for the purpose of
watering lawns, shrubs or plants or for the purpose of washing
private motor vehicles, during the period of the present
emergency,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
= OF THE CITY OF DANIA, FLORIDA:
Section 1. That the city commission does hereby find
and determine that a present and serious emergency condition
exists within the limits of the City of Dania, Florida, as to
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the availability of the genral water supply, with the emergency
condition arising because of a lowering or diminishing of the
water table (within the city) as a result of a prolonged drought
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that has existed continuously during recent weeks because of
lack of rainfall.
Section 2 . That because of the aforesaid emergency
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situation, it shall be unlawful and an offence, as of this date,
for any person, firm or entity to use water within the limits of
the City of Dania, Florida, for the purpose of watering, irri-
gating or spraying any type of grass, shrub, plant, tree or
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horticultural or agricultural type of vegetable growth. Further,
as of this date and because of the aforesaid emergency condition,
it shall be unlawful for any person, firm or entity to use water
within the limits of the City of Dania, Florida, to wash or clean
private motor vehicles. Further, because it is immaterial (inso-
far as the threat to the water table is concerned) as to whether
the source of the water is from the municipal water distribution
system or from a private well, any of the aforesaid uses of
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water for the aforesaid purposes, within the limits of the City
of Dania, Florida, shall be a violation of this ordinance re-
gardless of whether the source of the water is from the municipal
water system or from a private well.
Section 3 . That the ordinance shall not apply to any
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person, firm or entity operating any type of commercial car wash
where there is a re-cycling of water or to any person, firm or
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entity engaged in the commercial growth, planting, sale or care
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of shrubs or plants.
Section 4. That in anticipation of an improvement
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of the water table, which will result if there is any substan-
tial rainfall , the mayor-commissioner is vested with absolute
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authority to issue a proclamation or declaration repealing, f
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removing or rescinding the penal clauses of this ordinance
at such time as the emergency condition ceases to exist.
Section 5. That all ordinances or parts of ordinances
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in conflict herewith are hereby repealed to the extent of such
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s conflict.
Section 6. By unanimous consent of all commissioners
present, this ordinance has been introduced, read the first time,
real by title only the second time and the third time and passed
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on the first reading, second reading and third reading at the
meeting of the City Commission held on May 17, 1971.
{ Section 7. That this ordinance shall be in force
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and take effect immediately upon its final passage and adoption. j
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PASSED and ADOPTED cn First Reading on the 17th day
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of May, 1971.
PASSED and ADOPTED on Second Reading on the 17th day
of May, 1971.
„. PASSED and ADOPTED on Third Reading on the 17th day
of May, 1971.
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Mayor-Co issioner
Attest:
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�ity Clerk-Au 'Clerk-Au '
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