Ordinance 1981-006 Certain Nonessential Uses of WaterORDINANCE NO. 6-81
AN ORDINANCE OF THE VTfTAfT OF NORTH PALM BEACH AUTHORIZING THE VILiAGE
COUNCIL TO PROHIBIT OR CURTAIL CERTAIN NONESSENTIAL USES OF WATER AMID TO CONSERVE
AVAILABLE WATER RESOURCES DURING A DECIARID WATER SHORTAGE AND WATER SLIDRTAGE
' EMERGENCY: DEFINING THE TERMS PERTAINING TLLERETU: PROVIDING FOR APPLICATION OF
ORDINANCE, PROVIDING FOR IIg'ORCII"!F.NT AND PENALTIES, PROVIDING FOR EXCEPTIONS, APPEAL
PROCIDURE AYID SEVERABILITY CLAUSE, PROVIDING FOR EMERGENCY ADOPTION AND FOR OTHER
PURPOSES.
WHEREAS, a water shortage or water shortage emergency has been declared by the
South Florida Water Management District; and
WHEREAS, during said times of water shortage the level of water storage and
groundwater supplying the Village may become perilously low; and
WLLERFAS, water shortage conditions may contribute to the impact of saline
water intrusion; and
WLLERFAS, the existence of said conditions make it imperative to the public
well being that certain nonessential uses of water be restricted or curtailed and
that available water resources be conserved; and
WHEREAS, the South Florida Water Panagement District, a public corporation
of the State of Florida, charged with the responsibility of the protection of the
water resources within the District, so as to realize their full beneficial use, has
declared a water shortage or water shortage emergency and has ordered the curtailment
or restriction of certain uses of water.
NOW THEREFORE, BE IT ORDAINED BY THE VTfSA(:F; COUNCIL OF NORTH PAIIVI BEACH,
FIARIDA:
Section 1. Definitions
For the purpose of this Ordinance the following terms, phrases, words and
their derivations shall have the meaning given herein. When not inconsistent with
the context, words used to the present tense 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.
(a) "Village" is the Village of North Palm Beach
(b) 'Water Shortage" or "Water Shortage Emergency" is the declaration of such
by the Governing Board or the Executive Director of the South Florida Water Management
District pursuant to Chapter 373, Florida Statutes.
(c) 'Water" is water taken from any groudwater system, surface water system or
public water supply.
Section 2. Application
The provisions of this Ordinance shall apply to all users of water within
the corporate limits of the Village of North Palm Beach, Florida.
' Section 3. Implementation
A. Authority to Implement
The Village Cowlcil finds that a water shortage exists when a water
shortage or water shortage emergency is declared by the South Florida Water Management
District which includes the corporate limits of the Village of North Palm Beach,
Florida.
B. Restriction or Curtailment of Water Uses
Certain nonessaitial uses of water shall be restricted or curtailed
during the existence of a water shortage or water shortage emergency. These shall
include, but are not limited to the following:
1. The sprinkling, watering or irrigating of shrubbery, trees, lawns,
grass, ground covers, plants, vines, and gardens shall be limited to the hours of
6:30 - 9:30 p.m. Further, such uses of water shall be authorized:
a) For Village residents North of Lighthouse Drive shall water on
Monday and Thtffsday.
b) For Village residents South of Lighthouse Drive shall water on
Tuesday and Friday.
c) The provisions of this part (1) (a-b) shall not apply to those
water users granted water use permits by the District.
2. The escape of water through defective plumbing, which means to
knowingly allow water to escape through a systan that is in disrepair.
3. The washing of sidewalks, driveways, porches, exterior of homes,
apartments or other outdoor surfaces.
4. The washing of business or industrial equipment and machinery, except
as required for public health.
5. The operation of any ornamental fountain or other structure using
water with or without a recirculating systen.
6. The filling of swinnung pools and wading pools not usirtig a filter
or recirculating system.
7. The washing of autarobiles, trucks, trailers, railroad cars, mobile
homes, campers, boats or any other type of mobile equipment, except at a business
enterprise for such purpose.
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8. The use of water for dust control, except as required for public
health.
Section 4. Enforcemalt
Every police officer or code enforcement officer of the Village shall in
connection with all other duties imposed by law, diligently enforce the provisions
of this law.
' Section 5. Penalties
Violation of any provision of this Ordinance shall be subject to the
following penalties.
First violation............Warning
Secand violation...........$25.00
'Third violation............$50.00
Fourth Violation and
subsequent violations......Misdemeanor as authorized by the Village Code
Section 6. Exception to Maintain Sanitation
The Village Manager upon the recommendation of the appropriate local
authority or Department of Environmental Regulation or upon his own recognizance shall
have the authority to permit a reasonable use of water in any case necessary to
maintain adequate health, public safety, and sanitation standards.
Section 7. Ordinances Repealed
All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 8. Severability
In the event that any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such a decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 9. Emergency Power
In the event a further emergency arises which needs innrdiate ranedial
action, the Mayor is authorized to take such action without prior Council
' approval.
Section 10. Effective Dates of Ordinance
This emergency ordinance shall take effect upon adoption by the
Village Council.
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PIACID ON FIRST AND FINAL READING ON AN II~RGENCY BASIS THIS 14th IIAY OF MAY, 1981.
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MAYOR
(Village Seal)
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ATTEST:
Vii age C er