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Home My WebLink AboutO-2022-013 Amending Ch. 27, Art. II to Further Establish Irrigation Restrictions by Amending Sections 27-38, 27-39 and 27-43 (TX-111-21)ORDINANCE NO. 2022-013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE CITY'S CODE OF ORDINANCES AMENDING CERTAIN PROVISIONS TO FURTHER ESTABLISH IRRIGATION RESTRICTIONS BY AMENDING CHAPTER 27, ENTITLED "WATER AND SEWERS", AT ARTICLE 11, ENTITLED "WATER USE AND WATER SHORTAGE REGULATIONS," AMENDING SECTION 27-38, ENTITLED "DEFINITIONS," AMENDING SECTION 27-39 ENTITLED "APPLICABILITY; INTENT AND PURPOSE", AND AMENDING SECTION 27-43, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND LANDSCAPING IRRIGATION", PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach desires to update its Code of Ordinances relating to irrigation restrictions; and WHEREAS, the City desires to amend and update the City's Code to establish updated rules relating to irrigation restrictions; and WHEREAS, staff recommended approval of the proposed amendments to the Code of Ordinances in its report dated January 25, 2022; and WHEREAS, the City Commission conducted two (2) duly noticed public hearings relating to the adoption of the Code of Ordinances amendments; and WHEREAS, the City Commission finds that it is in the best interest of the City to adopt the amendments; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing WHEREAS clauses are ratified and confirmed as being true and correct, and they are made a specific part of this Ordinance. Section 2. That the City's Code of Ordinances is amended as follows: CHAPTER27 WATER AND SEWERS ARTICLE 11. — WATER USE AND WATER SHORTAGE REGULATIONS See. 27-38. Definitions. For the purpose of this article, the following terms, phrases, words, and their derivations, shall have the meanings given below. 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. City means the City of Dania Beach, Florida. District means the South Florida Water Management District. Person means any person, firm, partnership, association, corporation, company, entity or organization of any kind. Established Landscaping means landscaping planted in the ground for at least 90 days, Even numbered address means the house address or box number ending in 0,2,4,6, and 8 o the letters A-M. Post office box numbers are not included. Landscaping means Living plant material such as, but not limited to turf, ground cover, shrubs, vines, trees or palms and nonliving durable materials commQnly used in environmental design such as, but not limited to, rocks, pebbles, sand, walls or fences and aesthetic grading and mounding: but excluding paving and structures. New landscaping means landscaping planted in the ground for less than 90 days. Odd numbered address means the house address or box number ending in 1, 3, 5, 7 and 9 or the letters N-Z. Post office box numbers are not included. Sec. 27-39. Applicability; intent and purpose. The provisions of this article shall apply to all persons using the water resource within the geographical areas year-round and those periods subject to the "water shortage" or "water shortage emergency," as determined by the district, whether from public or privately owned water utility systems, private wells or private connections with surface water bodies. This article shall not apply to persons using treated wastewater treatment plant effluent. It is the intent and purpose of this article to protect the water resources of the city from the harmful effects of over utilization y��ar- round and during periods of water shortage and allocate available water supplies by assisting the district in the implementation of its water shortage plan. See. 27-43. Permanent restrictions for lawn and landscaping irrigation. (a) Restrictions. Irrigation of new and existing lawns and landscaping Oointly referred to as "landscaping" in this section) is restricted to the hours of 9!00 p.m. to 9:00 a.m., seven 12:00 a.m. to 9:00 a.m. and 9:00 p.m. to 11:59 p.m. two (2) days per week as follows: 2 ORDINANCE #2022-013 i. Even -number addressed and riszhts-of-wav or other locations without an address, mgy accomplish necessary landscape irrigation only on Thursdgys, and/or Sundgys. ii. Odd -numbered addresses mgy accomplish necessary landscqpe irrigation only on Wednesd!qys, and/o SaturdUs. (b) Exclusions. (1) Irrigation of new and established landscaping with reclaimed wastewater shall not be restricted. Low -volume irrigation of new and established landscaping shall not be restricted. Hand watering using a self -canceling nozzle shall not be restricted. (2) Irrigation of established landscaping for purposes of watering -in insecticides, ftmgicides and herbicides, where watering -in is required by the manufacturer or by federal, state or local laws, with the following conditions: (a) Such watering -in shall be limited to one application unless the need for more than one application is stated in the directions for application specifikd -by the manufacturer. (b) Such watering -on shall be accomplished during normally allowable watering days and times set forth in subsection (A) above unless a professional licensed applicato has posted a temporary sign containing the date of application and the date(s)-of needed watering -in activity. shall not be r-estr-ieted. (3) The operation of irrigation systems for cleaning and maintenance purposes shall be limited to the minimum necessary to maintain efficient operation of the system and each irrigation system zone may be tested not more than once each week for no longer than ten minutes; however, if such cleaning and maintenance is required more than once per week, then the property owner is required to show proof or provide evidence of that need to the department. (4) Disposal wells far- water- to air- heat pumps are eneetwaged; however-, e)4sting installations whieh disehar-ge water- to iFFigafien systeins are exempt ffem t r-estr-iefiens of this seetion. (4) Athletic playing fields (5) New Section 3. That if any clause, section, sentence or phrase of this Ordinance is for any reason held unconstitutional or invalid by a competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. ORDINANCE #2022-013 Section 4. That all ordinances or parts of ordinances, resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 5. That this Ordinance shall be in force and take effective immediately upon its passage and adoption. PASSED on first reading on March 8, 2022. PASSED AND ADOPTED on second reading on March 22, 2022. ATTEST: Z6,1"r ON, THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: 4 ORDINANCE #2022-013