6797-01
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ORDINANCE NO. 6797-01
AN EMERGENCY ORDINANCE OF THE CITY OF
CLEARWATER, FLORIDA, RELATING TO WATER
SHORTAGES; DECLARING AN EMERGENCY WATER
SHORTAGE; AMENDING SECTION 32.151, CODE OF
ORDINANCES, TO DELETE A CERTAIN DEFINITION NO
LONGER NECESSARY; REPEALING SECTION 32.153;
AMENDING SECTION 32.154, TO PROVIDE FOR FINES AND
FINE COLLECTION FOR VIOLATION OF WATER USE
RESTRICTIONS AND HARMONIZING THE SCHEDULE OF
FINES FOR CASES WHERE A NOTICE TO APPEAR IS ISSUED
WITH THE PINELLAS COUNTY UNIFORM FINE SCHEDULE, AS
AMENDED FROM TIME TO TIME; REPEALING SECTION
32.155; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Executive Director of Southwest Water Management District issued
an emergency final order, (SWF 01-14) on March 21, 2001 declaring a water shortage
emergency for Pinellas, Hillsborough and Pasco counties; and
WHEREAS, the Clearwater City Commission finds and declares that an emergency
water shortage exists which affects both the public and private welfare and that increased
compliance and enhanced enforcement of existing water restrictions may alleviate such
emergency water shortage; and
WHEREAS, since the adoption of Ordinance No. 6561-00, which adopted Pinellas
County Code Section 82-2(a) and any County emergency restrictions as the provision that
the City of Clearwater would follow, it is necessary to harmonize certain sections with said
Section and to repeal certain sections; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 32.151, Code of Ordinances, is amended as follows:
Sec. 32.151 Definitions.
The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning.
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'.^later shortage plan means chapter '10D 21, Florida Administrative Code, the
codification of the '.vater shortage plan adopted and published by the district, or any
modification or deri'.'ative thereof '.Nhich is current and in effect at the time a water
shortage condition or water shortage emergency is declared by the governing board or
the executive director of the district.
Ordinance No. 6797-01
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Section 2. Section 32.153, Declaration of water shortage condition or
emergency by water management district or by Pinellas County; enforcement;
penalties, Code of Ordinances, is hereby repealed in its entirety.
Section 3. Section 32.154, Code of Ordinances, is amended as follows:
Sec. 32.154 Enforcement of division.
Every police officer of the city shall, in addition to all other duties imposed by law,
diligently enforce the provisions of this division. In addition, the city manager may
delegate the authority to designated code enforcement officers of the city to issue
warnings, citations/notices to appear in County Court to persons in violation of this
division pursuant to section 1.12(3) or to enforce the provisions of this division throuqh
citation to the municipal code enforcement board pursuant to section 1.12(2) or Article
VII of the land development code. As an alternative method of enforcement, a code
enforcement officer or a police officer shall on first occurrence of failure to comply with
the water restrictions taq the violatinq property with a warninq. Upon findinq of a
second or subsequent violation. the property owner shall be fined $100. Such fine
amounts will be billed to the violators by the Public Utilities department. This fine billinq
process shall not preclude alternative citation in county court or to the municipal code
enforcement board. Where notices to appear are issued to County Court pursuant to
this Division, violations of any provision of this division shall be subiect to the imposition
of fines as set forth in the Pinellas County Uniform Fine Schedule as adopted by
Administrative Order of County Court No. PI-CTY-99-4 of the County Court, as
amended from time to time.
Section 4. Section 32.155, Penalties for violation of division, Code of
Ordinances, is hereby repealed in its entirety.
Section 5. This ordinance shall take effect immediately upon adoption and shall
stand repealed on November 30,2001 or upon repeal of SWF 01-14, whichever occurs
first.
PASSED ON FIRST AND FINAL
READING AND ADOPTED
April 5, 2001
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Brian J. ~gst
Mayor-Commissioner
Approved as to form:
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(l?tv7{ ( " -Z,~
~ne C. Hayman
i ssistant City Attorney
Attest:
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~v' Cynth' If Goudeau J .
U' City Clerk
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Ordinance No. 6797-01