5176-92
ORDINANCE NO. 5176-92
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE USE OF WATER; AMENDING SECTION 52.45,
CODE OF ORDINANCES, RELATING TO WATER USE RESTRICTIONS
IMPOSED BY THE SOUTHWEST FLORIDA WATER MANAGEMENT
DISTRICT; CREATING SECTION 52.51, CODE OF ORDINANCES,
ESTABLISHING WATER USE RESTRICTIONS APPLICABLE TO THE
IRRIGATION OF LAWNS, LANDSCAPING, AND GOLF COURSES, AND
PROVIDING FOR THE ENFORCEMENT THEREOF; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a water shortage condition presently exists which directly affects
the City of Clearwater by reducing available surface and groundwater supplies to
perilously low levels insufficient to meet current or anticipated demands; and
WHEREAS, because of such condition, it is imperative to the public well-
being that certain uses of water be restricted or curtailed and that available
water resources be allocated, as set forth in this ordinance; and
WHEREAS, chloride concentrations are exceeding the limits of the City's
consumptive use permit granted by the Southwest Florida Water Management District
(SWFWMD); and
WHEREAS, although SWFWMD has primary responsibility under Chapter 373,
Florida Statutes, for regulating water use and allocating available water
resources during periods of water shortage, SWFWMD presently does not have in
effect water use restrictions sufficient to protect water resources and the
public health, safety and welfare, yet SWFWMD expects the City to adopt and
` enforce water use restrictions designed to reduce water demand and reduce
chloride concentrations in order to meet the chloride cap requirements set forth
in the City's consumptive use permit; and
WHEREAS, the City Commission hereby finds and declares that violations of
the water use restrictions set forth in this ordinance will present a serious
threat to the public health, safety, and welfare, and that such violations appear
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likely to cause irreparable or irreversible harm to the water resources of the
City; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 52.45, Code of Ordinances, as amended by Ordinance
5133-91, is further amended to read:
. Sec. 52.45. Declaration of water shortage condition or emergency by water
management district: enforcement: penalties water shortage effiepgeney.
(1) The declaration of a water shortage condition or water shortage
emergency affecting all or any part of the City of Clearwater or its water
service area by the governing board or the executive director of the district
and the imposition of water use restrictions more stringent than the restrictions
set forth in section 52.51 below, shall invoke the provisions of this article.
(2) Upon such declaration and imposition of more stringent restrictions,
the a44 water use restrictions or- ether- m e imposed by the district pursuant
to Chapter 40D-21, Florida Administrative Code, applicable to the city or any
portion thereof, shall be subject to enforcement action pursuant to section 52,46
a
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 be punishable as a Class IV or higher classification
violation as provided in section 52.41 of this article.
Section 2. Section 52.51, Code of Ordinances, is created to read:
Sec. 52.51. Water use restrictions; enforcement; penalties.
Except as provided herein, the use,of the water resource, whether from
public or privately owned water utility systems, private wells, or private
s;
connections with surface water bodies, for irrigation shall be limited and
F restricted as follows:
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(1) Definitions. As used in this section:
(a) [Reserved]
(b) "Low-volume method" means a system of irrigation which delivers water
at the rate of three (3) gallons per hour or less, including but not necessarily
limited to systems commonly referred to as drip irrigation, soaker hose,
spaghetti tubing, or bubbler.
(2) Irrigation of established lawns and landscaping.
(a) The irrigation of established lawns by any method, and the irrigation
of established landscaping by methods other than low-volume methods, shall be
prohibited between the hours of 10:00 a.m. and 4:00 p.m. on all days of the week.
(b) The irrigation of established lawns and landscaping shall be further
restricted as follows:
I. At addresses ending in an even number or in the letters A through M,
irrigation may occur from 12:00 midnight to 10:00 a.m and from 4:00 p.m. to
midnight on Tuesdays and Saturdays only.
R 2. At addresses ending in an odd number or in the letters 0 through Z,
or at locations with no addresses, irrigation may occur from 12:00 midnight to
10:00 a.m and from 4:00 p.m. to midnight on Wednesdays and Sundays only.
(c) Irrigation of lawns after verticutting shall be permitted once a day
as needed for not more than two weeks after verticutting; provided, however, that
such irrigation shall be accomplished during the hours permitted for the
irrigation of established lawns and landscaping.
(3) Irrigation of new lawns and landscaping. Irrigation of new lawns
and landscaping shall be limited to the hours of 4:00 p.m. to 10:00 a.m., but
shall be permitted on any day of the week during the first 30 days after
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planting. Not less than fifty per cent of the lawn or landscaped area or portion
thereof being irrigated must be new to qualify as a new lawn or landscaping.
(4) Multiple addresses served by single irrigation system. Where a
single irrigation system provides water service to a property having two or more
addresses, the following rules shall apply:
(a) If all of the addresses end in an even number or in the letters A
through M, irrigation may occur on the dates and at the times provided herein for
property having an even-numbered address.
(b) If all of the addresses end in an odd number or in the letters N
through z, irrigation may occur on the dates and at the times provided. herein for
property having an odd-numbered address.
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(c) if the addresses include both even numbers and odd numbers, or the
letters A through M and N through Z, irrigation may occur on the dates and at the
times provided herein in accordance with the following:
1. By the address of the property manager's office; or, if none,
2. By the service address listed in the utility customer account
established for the lawn meter serving the property; or, if none,
3. By the schedule for property having an even-numbered address.
(5) Irrigation of golf courses.
(a) irrigation of golf course greens and tees shall be prohibited between
the hours of 10:00 a.m. to 4:00 p.m.
(b) The golf course manager shall divide the fairways, roughs and nonpla?i
areas into two sectors of approximately equal size for the purposes of
irrigation, shall designate each sector for irrigation in accordance with the
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following schedule, and shall inform the public works director of such
designation:
1. Irrigation of one sector shall be prohibited except between the hours
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of 12:00 midnight to 8:00 a.m. on Monday, Wednesday and Saturday;
2. Irrigation of the other sector shall be prohibited except between the
hours of 12:00 midnight to 8:00 a.m. on Tuesday, Thursday and Sunday;
3. Irrigation of both sectors shall be prohibited on Friday.
(c) For the purposes of paragraph (b) above, in the event that the golf
course manager fails or refuses to inform the public works director of the
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division of the fairways, roughs and nonplay areas into sectors for the purposes
of irrigation, then irrigation of the entire golf course shall be prohibited
except between the hours of 12:00 midnight to 8:00 a.m. on Monday, Wednesday and
Friday.
(d) Irrigation of newly sprigged turf areas shall be permitted on a daily
basis as needed for the first 90 days subseqvent to sprigging.
(6) Exceptions. This section shall not apply:
(a) To the use of treated wastewater effluent;
(b) To low-volume irrigation or hand-watering of new or established
landscaping (excluding lawns).
(c) To irrigation for the purpose of watering-in of insecticides,
fungicides and herbicides, where such watering-in is required by the manufacturer
or by federal, state or local law; provided, however, that such watering-in shall
be permitted only during the hours allowed for normal irrigation.
,. (d) To the operation of irrigation systems for testing purposes;
provided, however, that such operation shall be limited to once per week per
irrigation zone.
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(e) At times when more stringent water use restrictions of the Southwest
Florida Water Management District are in effect, in which case the water use
restrictions of the District shall be enforced as provided in this article.
(7) The restrictions set forth in this section shall be subject to
enforcement action pursuant to section 52.46 of this article.
(B) Any violation of the restrictions of this section shall be punishable
as a Class IV or higher classification violation as provided in section 52.47 of
this article.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL READING
AND ADOPTED
February 6, 1992
Attest:
Cynt ?a E. Gou eau
City Jerk
Approved as to form and correctness:
'V"C A46? -
M. A. Ga rait , r.
City Attorney
February 20, 1992
aaG ey
M ayor-Commissioner
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