HomeMy WebLinkAboutO-1981-266 l
ORDINANCE NO. 266
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE CITY COMMISSION 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 APPLICATIO14 OF ORDINANCE, PROVIDING
FOR ENFORCEMENT AND PENALTIES, PROVIDING FOR
EXCEPTIONS, APPEAL PROCEDURE AND SEVERABILITY
CLAUSE, PROVIDING FOR EMERGENCY ADOPTION; AND
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDI-
NANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS
IN COIFLICT HEREWITII BE REPEALED 'PO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
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 City of Dania,
Florida, 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 OF' DANIA,
FLORIDA:
Section 1 . 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
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include the singular, and words in the singular include the
plural.
The word "shall" is always mandatory and not merely
directory.
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(a) "City" is the City of Dania, Florida.
(b) "Water Shortage" or "Water Shortage Emergency" is
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the declaration of such by the Governing Board or the Executive
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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 water within the corporate limits of. the City.
Section 3. Implementation
" ?k A. Authority to Implement
The City Commission 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.
B. Restriction or Curtainment 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 hourse of 4 : 00 - 6 :00 A.M. Further, such
uses of water shall be authorized :
a) For property having an odd-numbered street
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1j address , only_ on odd-numbered days.
I b) For property having an even-numbered street
address , only on even-numbered days .
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c) The provisions of this part (1 . ) (a-b)
shall not apply to those water uses granted
water 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 recircu-
lating system.
6 . The filling of swimming pools and wading pools
not using a filter and recirculating 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 and/or firefighter of the City shall ,
in connection with all other duties imposed by law, diligently en-
force the provisions of this law.
Section 5. Penalties
Violation of any provision of this Ordinance shall be
subject to the following penalties .
First violation . . . . . . . . . . . . . . . . $25. 00
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J Second violation . . . . . . . . . . . . . . . $50 . 00
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Third violation and
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subsequent violations . . . . . . . . . Misdemeanor as authorized
by the Code of Ordinances
of the City of Dania,
Florida.
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 Commission. All records necessary to determine water usage
restricted by this Ordinance will be available and furnished upon
request and the payment of all costs of reproduction of same.
Section 7. Exception to Maintain Sanitation
The City Commission, upon the recommendation of the
Department of Environmental Regulation or 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.
A letter from the Department of Environmental Regulation to the
City shall be required to permit such reasonable use of water during
a water shortage or water shortage emergency situation.
Section 8 . Ordinances Ordinances Repealed
That all ordinances or parts of ordinances and all resolu-
tions or parts of resolutions in conflict herewith be and the same
are hereby repealed to the extent of such conflict.
Section 9. Severability
In the event that any section or provision of this Ordinance
or any portion thereof, any paragraph, sentence, or word, be de-
clared 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.
Section 10 . Water Uses to Accept Provisions of Ordinance
No water service shall be furnished to any person in the
City unless the person agrees to accept all the provisions contained
in this Ordinance. The acceptance of water service shall be in it-
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y self the acceptance of the provisions herein.
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Section 11. Effective Date of Ordinance
This Ordinance shall be in force and take effect
immediately upon its passage and adoption.
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PASSED AND ADOPTED on First Reading on the 12th day
of May, 1981.
PASSED AND ADOPTED on Second and Final Reading on the
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12.th day of May, 1981.
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OR - COMMISSIONER
ATTEST :
CITY CLERK - AUDITOR
APPROVED FOR FORM AND CORRECTNESS
By :
FRANK CITY
C. ADLER,
CITY OF DANIA, FLORIDA
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