6929-02
ORDINANCE NO. 6929-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO A WATERING SCHEDULE; CREATING
SECTION 32.153, CODE OF ORDINANCES, ESTABLISHING
A SCHEDULE FOR THE USE OF WATER OUTDOORS;
AMENDING SECTION 32.154, CODE OF ORDINANCES,
RELATING TO THE ENFORCEMENT PROCEDURE;
RENUMBERING SECTION 32.156, CODE OF ORDINANCES;
RENUMBERING AND AMENDING SECTION 32.159, CODE
OF ORDINANCES, RELATING TO PENALTIES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, as one of many responses to a serious drought, the Southwest
Florida Water Management District (SWFWMD) issued a final order (SWF 01-14) on
March 21, 2000, declaring a water shortage emergency for Pinellas, Hillsborough, and
Pasco Counties; and
WHEREAS, on November 12, 2001, SWFWMD issued SWF 00-18(3) by which it
reaffirmed the water shortage emergency and the once a week watering restrictions for
customers of Tampa Bay Water and its users, and changed to twice a week the
watering restrictions for users of wells, ponds and streams; and
WHEREAS, the City Commission of the City of Clearwater finds that its current
watering schedule and watering days have resulted in more efficient use of the water
resource and compliance with the schedule is better maintained; and
WHEREAS, the City Commission of the City of Clearwater wishes to abide by the
directives of SWFWMD with the overriding goal of conserving the City's water resource;
now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 32.153 is created to read:
Sec. 32.153 Watering Schedule
The declaration of a water shortage condition or water shortage emergency
affecting all or part of the city or its water service area by the governing board or the
executive director of the district supports and requires the following watering schedule
for lawns, landscape and other uses of water and such schedule is established for the
City of Clearwater as set forth below.
(1) When using potable water (domestic and lawn meters):
Ordinance No. 6929-02
(a) Property addresses ending in even numbers, letters A through M - on
Tuesday,
(b) Property addresses ending in odd numbers, letters N through Z, or no
street addresses - on Sunday,
(c) All locations - no watering between 8:00 a.m. and 6:00 p.m. on any day;
(2) When using water from wells, lakes or ponds:
(a) Property addresses ending in even numbers, letters A through M - on
Tuesday and/or Saturday,
(b) Property addresses ending in odd numbers, letters N through Z - on
Sunday and/or Wednesday;
(c) Property with mixed or no address - on Sunday and/or Wednesday
(d) All locations - no watering between 10:00 a.m. and 4:00 p.m. on any day;
(3) When using reclaimed water:
(a) All locations - on any day of the week,
(b) All locations - no watering between 10:00 a.m. and 4:00 p.m. on any day;
(4) Establishment period for new lawns:
(a) Newly installed lawns may be watered daily for 60 days, if necessary.
Watering is allowed only during authorized hours for water source.
(b) No watering between 10:00 a.m. to 4:00 p.m. for well/lakes/ponds or from
8:00 a.m. to 6:00 p.m. for potable water.
(e) All locations which contain at least 50% of new plant material- for 60
days and at authorized hours for water source,
(d) All locations which contain less than 50% of new plant material - for 60
days, at authorized hours for water source and by means other than
irrigation system, unless an irrigation zone is created for the area with
new plant material or watered so that only the new plant material is
irrigated. - for 60 days, at authorized hours for water source. For the
remainder of the location, irrigate at authorized hours for water source.
(5) Establishment of new landscaping, such as trees, shrubs and plants:
New landscaping, including trees, shrubs, and plants, may be watered
daily if done by hand with a handheld hose with an automatic shutoff. No
watering is to occur between 10 a.m. and 4 p.m.; and
(6) Miscellaneous - Applicable to all water sources:
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Ordinance No. 6929-02
(a) Cars may be washed on any day, at any time, when necessary. A shutoff
nozzle or other water efficient device must be used on the watering
source,
(b) Hand watering of trees, shrubs, flower and vegetable gardens is allowed
as needed. A shutoff nozzle or other water efficient device must be used,
(c) Hand watering of lawns is restricted as provided in subsections (1), (2),
(3), (4), and (5) of this section,
(d) Insecticides, fungicides and herbicides may be watered in on an
unauthorized day, but watering must be within authorized hours and
limited to the minimum of watering necessary. Regular designated
irrigation day and hours should be used when possible,
(e) Fertilizers should be watered in on authorized day, during restricted hours.
Section 2. Section 32.154, Code of Ordinances, is amended as follows:
Sec. 32.154 Enforcement of division.
(1) Every police officer &AaU or code enforcement officer of the city, in addition
to all other duties imposed by law, shall 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 through citation to the municipal code enforcement board
pursuant to section 1.12(2) or Article VII of the land development code. When notices
to appear are issued to County Court pursuant to this Division, violators of any provision
of this division shall be subject 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.
(2) As an alternative method of enforcement, a code enforcement officer or a
police officer shall on first occurrence of failure to comply with the 'f:ater restrictions tag
the violating property with a 'Narning. Upon finding of a second or subsequent violation,
the utility customer of record residing in or responsible for the \\'ater and sewer bill at the
tagged property shall be fined $100. Such fine amounts will be billed to the utility
customer of record by the Customer Service department. Any utility customer of record
aggrieved by the imposition of the fine on such customer shall have the right of appeal
to the city manager or his designee. Such appeal shall be ripened by filing a written
statement 'I.'ith the city clerk within ten days after the mailing of the bill on which the fine
is imposed. The written statement shall set forth the grounds for such appeal. The city
clerk shall notify the city manager or his designee who shall schedule a hearing and
shall give notice of such hearing to the appealing utility customer of record. The
decision and order of the city manager or his designee shall be final and conclusive.
This fine process shall not preclude alternative citation in county court or to the
municipal code enforcement board.
(~) (3) The provisions of this division shall be enforced within the city and, to the
extent permitted by law, within the water service area of the city outside the corporate
limits of the city.
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Ordinance No. 6929-02
Section 3. Section 32.156, Code of Ordinances is renumbered as
Section 32.155, Code of Ordinances, to read:
Sec. 32.1556. Water users to accept provisions of division.
No water service shall be furnished to any person by a public or private utility
unless such person agrees to accept all the provisions of this division. The acceptance
of water service shall be in itself the acceptance of the provisions of this division.
Sec. 32.1569. Water use restrictions; enforcement; penalties.
Except as provided in this section, the use of the water resource, whether
from public or privately owned water utility systems, private wells or private connections
with surface water bodies, for irrigation shall be limited and restricted in Section 32.153
as indicated in Pinellas County Code Section 82 2 (a) through (c) and any restrictions
set forth by Pinellas County by ordinance or resolution on an emergency basis.
(1) Enforcement. These restrictions set forth in this section shall be subject
to enforcement action pursuant to section 32.154 of this division.
(2) Penalties. Any violation of the restrictions of this section shall be
punishable as a class IV or higher classification violation as provided in section
32.15~5of this division.
Section 6. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
December 13, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
January 10. 2002
Approved as to form:
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Brian J. ~~st . j)
Mayor-Co missioner
Attest:
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9tlf~- ( ~ ~/
ne C. Hayma'n ~
Assistant City Attorney
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Ordinance No. 6929-02