HomeMy WebLinkAboutO-2025-005 Amend Ch. 27 Art. II Sec. 27-43 Landscape Irrigation RegulationsORDINANCE NO. 2025-005
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 27, ENTITLED “WATER AND
SEWER”, OF THE CITY’S CODE OF ORDINANCES BY AMENDING
ARTICLE II, “WATER USE AND WATER SHORTAGE REGULATIONS” TO
AMEND THE TITLE TO “WATER USE/LANDSCAPE IRRIGATION AND
WATER SHORTAGE REGULATIONS; CREATING A SUBPART A FOR
WATER SHORTAGE REGULATIONS; AND A SUBPART B FOR WATER
USE AND LANDSCAPE IRRIGATION REGULATIONS; AND AMENDING
SECTION 27-43, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN
AND LANDSCAPING IRRIGATION,” TO MODIFY THE HOURS OF USE
OF SPRINKLERS AND IRRIGATION TO 12:00 A.M. TO 6:00 A.M., AND
6:00 P.M. TO 11:59 P.M., TWICE A WEEK; PROVIDING FOR CONFLICTS;
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in order to encourage more children to walk and bike to school, parents need
to trust that sidewalks and streets are both safe and convenient from a variety of perspectives; and
WHEREAS, traffic on neighborhood roads and streets is a large impediment to most
children walking or biking to school; and
WHEREAS, we know we can do more to ensure safety for our City’s youngest travelers;
and
WHEREAS, changing sprinkler times to avoid times when children are coming and going
from school will avoid potential risks to children and them going into the street to avoid sprinklers;
and
WHEREAS, creating safe routes to school and reducing traffic accidents and injuries is in
the city’s best interests.
* * *
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding “Whereas” clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Chapter 27, Water and Sewer, at Article II be amended as follows:
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CHAPTER 27
WATER AND SEWER
* * *
ARTICLE II. WATER USE/LANDSCAPE IRRIGATION AND WATER SHORTAGE
REGULATIONS
SUBPART A – WATER SHORTAGE REGULATIONS
Sec. 27-38. Definitions.
* * *
Sec. 27-39. - Applicability; intent and purpose.
The provisions of this article Subpart A 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 Subpart
A 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 year-round and during periods of water shortage and allocate available water supplies
by assisting the district in the implementation of its water shortage plan.
* * *
Sec. 27-42. Enforcement; penalties.
Every police officer having jurisdiction in the area governed by this article shall, in connection
with all other duties imposed by law, diligently enforce the provisions of this article. In addition,
the city manager or designee may also delegate enforcement responsibility for this article to other
agencies and departments of the city. Any violation of the provisions of this article is punishable
as prescribed by a resolution adopted by the city commission.
SUBPART B – WATER USE AND LANDSCAPE IRRIGATION REGULATIONS
Sec. 27-43. Permanent restrictions for lawn and landscaping irrigation.
(a) Restrictions. Irrigation of new and existing lawns and landscaping (jointly referred to as
"landscaping" in this section) is restricted to the hours of 12:00 a.m. to 6:00 a.m., and 6:00
p.m. to 11:59 p.m., 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:
(1) Even-number addressed and rights-of-way or other locations without an address, may
accomplish necessary landscape irrigation only on Thursdays, and/or Sundays.
(2) Odd-numbered addresses may accomplish necessary landscape irrigation only on
Wednesdays, and/or Saturdays.
(b) Exclusions.
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(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, fungicides,
and herbicides, and fertilizer 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 specified by the
manufacturer.
b. Such watering-in shall be accomplished during normally allowable watering days
and times set forth in subsection (a) above unless a professional licensed applicator
has posted a temporary sign containing the date of application and the date(s) of
needed watering-in activity.
c. The state of Florida, South Florida Water Management District or Broward County
authorizes such use of insecticides, fungicides, herbicides, and fertilizer
(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) Athletic playing fields.
(5) New landscaping.
(c) Exceptions.
(1) Any users requesting relief from the provisions of this section shall file an application
for exception on a form prescribed by the department but must conform to landscaping
irrigation restrictions until the utilities director or designee grants a temporary exception
or until the city manager or designee grants the exception.
(2) Criteria for issuance. No application for an exception shall be granted unless the
applicant demonstrates that a strict adherence to the Code requirements will result in an
undue hardship and that the exception will not otherwise be harmful to the water
resources of the city and, in addition, affirmatively demonstrates that one or more of the
following circumstances exists:
a. The exception is essential to protect health or safety; or
b. Compliance with the particular rule or order from which the exception is sought
will require measures which cannot be accomplished.
(3) Limiting conditions. Exceptions granted shall be subject to the following conditions,
unless waived or modified by the city manager or designee:
a. The exception granted shall be the minimum necessary to alleviate the
circumstances for which the exception was granted under subsection (c) above.
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b. All exceptions shall expire upon the issuance of a water shortage emergency or
declaration by the district or any other entity or agency with jurisdiction to regulate
and shall resume in full force after the rescinding of the emergency or declaration
by the district or by such regulatory entity or agency.
c. Exceptions granted under subsection (c) above may prescribe a timetable for
compliance with the restrictions from which the exception was sought.
d. The city manager or designee may revoke or modify an exception when it is
determined that the continued utilization of the exception is inconsistent with the
objectives of the city's water conservation program.
e. All exceptions are personal to the applicant and expire upon transfer of ownership
of the property.
(4) Applications for exception. The application shall contain the following:
a. The applicant's name, address, telephone number and location of the property for
which relief is requested;
b. The specific rule, order, or restriction from which the applicant is requesting relief;
c. A detailed statement of the facts which the applicant believes demonstrates that the
request qualifies for an exception;
d. A description of the relief desired;
e. The period of time for which the exception is sought including the reasons and facts
in support of the application;
f. The damage or harm resulting or which may result to the applicant from strict
compliance with the irrigation restrictions;
g. If the exception is sought under subsection (c) above, information identifying the
restrictions which currently can be met, a description of the measures which would
be necessary to meet all restrictions and the date when these measures could be
completed;
h. For applications for an exception from restrictions on irrigation, a general
description of the irrigation system, including pump or water system output and
irrigated area; and
i. Any other information the applicant believes is material.
(d) Procedures.
(1) The public services director or designee shall review the application. The director shall
set forth in writing the grounds or basis for approval or denial of the exception. Upon
the public service director's written recommendation for approval, a copy of the
recommendation shall be forwarded to the applicant with a temporary exception granted
for fourteen (14) days. Upon the public services director's recommendation of denial, the
director shall inform the applicant that the application is denied and shall set forth the
applicant's right to a hearing on such denial. The applicant may request a hearing on such
denial in accordance with subsection (d)(3) below.
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(2) The public services director shall present the application to the city manager or designee
to grant, deny or modify the exception. City manager action denying applications for
exceptions shall be by written order and copies shall be furnished to the applicant. An
applicant whose exception has been granted by the city manager shall be furnished an
appropriate notice of a landscaping irrigation restriction exception which shall include
the terms of exception and shall be prominently displayed at the applicant's place of use.
(3) Any person desiring to dispute a denial by the city manager or designee shall request in
writing to the public services director within twenty (20) days of receiving the city
manager's denial that a hearing be held on the disputed matter. Upon such written
request, the public services director shall convene a hearing within fifteen (15) days of
receiving such request for hearing before the hearing panel. The city's hearing panel (the
"panel") shall consist of the city engineer or consultant engineer, the city attorney and
the director of community development, or their respective designees. The director shall
first present his or her side of the dispute. The applicant will then follow with a
presentation of his or her case. The hearing panel shall hear and consider all testimony
offered and shall, at the conclusion of the testimony, issue its order. Hearings shall be
open to the public and hearings shall be conducted informally in accordance with
ordinary parliamentary procedures, and with all efforts to ensure that due process is
afforded. Any person desiring to appeal the decision of the hearing panel may request
an appeal before the city commission in writing to the city manager within ten (10) days
of the hearing panel's denial of the application for exception. An appeal request to the
city commission shall be scheduled at the next available city commission meeting date.
(e) Conflicting restrictions. In the event the district imposes restrictions on landscape irrigation
for new or established landscaping which are more restrictive than those imposed by this
section or the restrictions imposed pursuant to section 27-40, the more restrictive regulations
shall prevail.
* * *
Section 3. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
Section 4. It is the intention of the Mayor and City Commission of the City of Dania
Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed
to "section," "article," or other appropriate word.
Section 5. That this Ordinance shall be effective 10 days after passage on second
reading.
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PASSED on first reading on February 11, 2025.
PASSED AND ADOPTED on second reading on February 25, 2025.
First Reading:
Motion by: Commissioner Rimoli
Second by: Commissioner Lewellen
Second Reading:
Motion by: Vice Mayor Salvino
Second by: Commissioner Lewellen
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Lori Lewellen _X ____
Commissioner Luis Rimoli _X ____
Commissioner Archibald J. Ryan IV X ____
Vice Mayor Marco Salvino X ____
Mayor Joyce L. Davis ____ X
ATTEST:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY