5133-91
ORDINANCE NO. 5133-91
40
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE WATER SHORTAGE PLAN OF THE CITY;
AMENDING SECTIONS 52.43 THROUGH 52.50, CODE OF
ORDINANCES, TO DEFINE "CODE ENFORCEMENT OFFICER" AND
"WATER SHORTAGE PLAN;" PROVIDING FOR ENFORCEMENT OF
WATER RESTRICTIONS OF THE SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT WITHIN THE CITY, AND REVISING THE
PENALTIES FOR VIOLATIONS OF SUCH RESTRICTIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, there now exists a water shortage directly affecting the City of
Clearwater by reducing the amount of available water resources to perilously low
levels insufficient to meet current or anticipated demands; and
WHEREAS, the Southwest Florida Water Management District has primary
responsibility under Chapter 373, Florida Statutes, for regulating water use and
allocating available water resources during periods of water shortage; and
WHEREAS, the district has requested the assistance of the City in the
enforcement of the District's water shortage plan during water shortage
emergencies, and it is the desire of the City Commission to cooperate and assist
the District in the enforcement of the restrictions imposed pursuant to such plan
in order to protect water resources and the public health, safety and welfare of
residents of the City and the District; and
WHEREAS, the City Commission hereby finds and declares that violations of
the District's water use restrictions present a serious threat to the public
health, safety, and welfare, and that such violations appear likely to cause
irreparable or irreversible harm to the water resources of the City and the
District; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article III of Chapter 52, Code of Ordinances, consisting of
Sections 52.43 through 52.50, is amended to read:
ARTICLE Ill. MATER SHORTAGE PLA14
Sec. 52.43. Definitions.
For the purpose of this article the following terms, phrases, words and
their derivations shall have the meaning given herein. When not inconsistent
with the contest, words used in the present tense include the future, words in
the plural include Lhe singular, and words in the singular include-the plural.
The word "shall" is always mandatory and riot merely directory.
"Code enforcement officer" means as defined in section 1.08.
"District" means 44 the Southwest Florida Dater Management District.
a
ORDINANCE NO. 5133-91
r.j
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE WATER SHORTAGE PLAN OF THE CITY;
AMENDING SECTIONS 52.13 THROUGH 52.50, CODE OF
ORDINANCES, TO DEFINE "CODE ENFORCEMENT OFFICER" AND
"WATER SHORTAGE PLAN;" PROVIDING FOR ENFORCEMENT OF
WATER RESTRICTIONS OF THE SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT WITHIN THE CITY, AND REVISING THE
PENALTIES FOR VIOLATIONS OF SUCH RESTRICTIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, there now exists a water shortage directly affecting the City of
Clearwater by reducing the amount of available water resources to perilously low
levels insufficient: to meet current or anticipated demands; and
WHEREAS, the Southwest Florida Water Management District has primary
responsibility under Chapter 373, Florida Statutes, for regulating water use and
allocating available water resources during periods of water shortage; and
WHEREAS, the District has requested the assistance of the City in the
enforcement of the District's water shortage plan during water shortage
emergencies, and it is the desire of the City Commission to cooperate and assist
the District in the enforcement of the restrictions imposed pursuant to such plan
in order to protect water resources and the public health, safety and welfare of
residents of the City and the District; and
WHEREAS, the City Commission hereby finds and declares that violations of
the District's water use restrictions present a serious threat to the public
health, safety, and welfare, and that such violations appear likely to cause
irreparable or irreversible harm to the water resources of the City and the
District; now, therefore,
DE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article III of Chapter 52, Code of Ordinances, consisting of
Sections 52.43 through 52.50, is amended to read:
ARTICLE 111. WATER SHORTAGE PLAN
Sec. 52.43. Definitions.
For the purpose of this article the following terms, phrases, words and
their derivations shall have the meaning given herein. When not inconsistent
with the contest, words used in the present tease 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.
"Cade enforcement officer" means as defined in section 1.08.
"District" moans 4-c the Southwest Florida Water Management District.
"person" means 4-, any person, firm, partnership, association, corporation,
company or organization of any kind.
"Water resource" means any and all water on or beneath the surface of the
ground, including natural or artificial watercourses, lakes, ponds, or diffused
surface water, and water percolating, standing, or flowing beneath the surface
of the ground.
"Water shortage condition" or "water shortage emergency" means_ the
condition in which 43-whei+ sufficient water is not available to meet present or
anticipated needs of persons using the water resource, or w€ei+ conditions are
such as to require temporary reduction in total water usage within a particular
area to protect the water resource from serious harm. A water shortage usually
occurs due to drought.
Sec. 52.44. Application of article.
The provisions of this article shall apply to all persons using the water
resource, 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 effluent or saltwater.
Sec. 52.45. Declaration of water shortage condition, water shortage
emergency.
M -(-a+ The declaration of a water shortage condition or water shortage
emergency affecting w444"* all or any part of the City of Clearwater or its -e4-
water service area by the governing board or the executive director of the
district shall invoke the provisions of this article.
L21 ?4 4 Upon such declaration all water use restrictions or other
measures imposed adopte# by the district pursuant to Chapter 40D-21, Florida
Administrative Code, applicable to the city or any portion thereof, shall be
subject to -Me- enforcement action pursuant to section 52.46 of this article. Any
violation of the provisions of Chapter 40D-21, Florida Administrative Code, or
any order issued pursuant thereto, shall be a violation of this article and shall
he punishable as a Class IV or Holier' classification violation as provided i'n
2.47 of this article.
Sec. 52.46. Enforcement.
Every police officer of _the City or-Aier"if€. of i{e?eu gra e4t-a -t-#e
sri-c-e-.a-pea--gover-ned4y--t#)a-s-af-t4-c-4e s ha 1 1 , i n add i t i on to c-ennee t i one t# a l l
other duties imposed by law, diligently enforce the provisions of this article.
In addition, the city manager may a4-sa delegate the authority to #-a-r designated
code enforcement officers emp4eyee5 with-i"he-titW4t4es-depa?riierg of the city
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5/-33-17/
04 O. .1
to issue citations written w°g-& to persons .in violation of this article
pursuant to section 1.08(c). The provisions of this article shall be enforced
within the citand to the extent permitted b law, within the water service
area of the city outside the cornorate limits of the city.
Sec. 52.47. Penalties.
(1) Violations Vie! of any provision of this article shall be
subject to the imposition of fines in the following amounts penalties:
First violation: A fine of thirty-five -Tv-fiye dollars ($ 35.00 25,90)
lus costs in the amount of twenty dollars 20.00 or a total of fift -five
dollars 55.00 Class IV violation).
Second violation by the same person within twentv-four (24) months of the
the first violation: A fine of one hundred them -fir
lus costs in the amount of twenty dollars 520.00). or a to
ea tiTty
4
2) The fines and costs set forth herein are derived from the uniform
schedule of fines and_costs__imposed _by the county court of Pinellas County as of
the date of adoption of this ordinance. Anv amendment to the uniform schedule
of fines and costs. by_ the county court shall take effect. as ordered by the court,
and shall be applicable to violations of any provision of this article without
the necessity to amend the schedule set forth in this section.
Each day-4*-Me'l' io fS4-s Rf"-t4ele shall constitute separate offenses
L31 In the initial stage images, of a water shortage or water shortage
emergency, law enforcement officers ef44-c 4-& and code enforcement officers may,
in their discretion, provide violators with one, but not more than one, written
warning. In Phase II or subsequent phases of a water shortage or water shortage
emergency-law ?enforcement officers _and.code enforcement officers shall not be
required to orovide violators with written warninos before ssuina notices to
a ear.
Sec. 52.48. Water users to accept provisions of this article.
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 article.
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S-133-91
Third violation b the same person within twenty-four 24 months'of the
first violation: n fine of one hundred ten dollars 110.00 plus costs in the
amount of twenty dollars 20.00 or a total of one hundred thirty dollars
5130.00 Class II violation).
01. ?
The acceptance of water service shall be in itself the acceptance of the
provisions thereof.
Sec. 52.49. Public hearings and notices required.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Sec. 52.50. Recision.
The requirement for public hearings and for notices to affect governmental
agencies and affected property owners shall be substantially as provided for in
the current "Water Shortage Plan" of the Southwest Florida Water Management"
District, and as amended from time to time.
When the governing board and executive director of the district determines
that a water shortage condition no longer exists, or no longer exists to the same
degree, the district shall rescind or modify the restriction it has adopted.
Notification to local governments and to other persons affected by this article
shall be according to the provisions of section 52.49 hereof.
Section 2. This ordinance shall take effect immediately upon adoption.
September 5_3221
_
_September 19, 1991
Rita Garvey
Mayor-Commissioner
f'
i
Attest:
Cynt ?a E. Gou eau, City C er
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Approved as to form and correctness:
'k?aw?
M. A. Galbraith, Jr., ity Attorney