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1996-38 Water Conservation Policy• ORDINANCE NO. 36-96 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING SECTION 19-202 OF ARTICLE IX, WATER SHORTAGE EMERGENCIES, OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE VILLAGE IMPLEMENTING A WATER AND IRRIGATION CONSERVATION POLICY; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 166 of the Florida Statutes authorizes municipalities to enact regulations necessary for the health, safety and welfare of the citizens and residents of the municipality; and WHEREAS, the rapid growth of Northern Palm Beach County has • placed and continues to place a substantial strain on the water resources of the area, and WHEREAS, it is the policy of the Village of North Palm Beach to conserve and protect its valuable and critical water resources, and WHEREAS, it is the intent and policy of the Village Council of North Palm Beach to ensure the continued health, safety, welfare and quality of life for the existing and future citizens and residents of North Palm Beach by assisting in the conservation of its water resources, and WHEREAS, the Village Council of North Palm Beach finds that it is in the best tnterests of citizens of North Palm Beach to enact an ordinance imposing permanent restrictions on landscape Irrigation; BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Sect[on 1. Section 19-202 of Article IX, Water Shortage Emergencies, of Chapter 19 of the Code of Ordinances of the Village is hereby amended to read as follows: • "Section 19-202. IMPLEMENTATION. (a) PERMANENT RESTRICTIONS. The following permanent restrictions are adopted. (i) Irrigation of any residential, commercial, institutional, governmental or industrial landscape areas shall be restricted to the hours of 5:00 p.m. to 9:00 a.m. (2) It shall be unlawful to operate or cause the operation of any ` irrigation system or device in a manner causing water to be wasted, Including but not limited to unnecessary watering of impervious areas, other than that which may occur incidental to the proper operation of the primary irrigation system. • (3) Upon the effective date of this Ordinance, new installations of automatic irrigation systems shall be equipped with a water sensing device which will automatically discontinue irrigation during periods of rainfall. (b) EXEMPTIONS. The following activities shall be exempt from the provisions of paragraph (a) of triis Section: (1) Landscape irrigation by hand watering using aself-canceling nozzle. (2) Landscape irrigation by systems from which the sole source is treated waste water effluent. (3) The operation of irrigation systems for system repair and maintenance. (4) Flushing of water mains required for normal water main clearance and maintenance and for maintenance of water quality; however, where practical, contractors and utilities shall direct flushed water into pervious areas, i flush at the minimum rate necessary for cleaning and disperse water in such a manner to benefit local vegetation. (5) Landscape irrigation for purposes of watering in fungicides, insecticides and herbicides as required by the manufacturer or by federal or state laws; however, this exemption applies only to licensed pest control and herbicide operators and shall be limited to manufacturers' recommendations. (6) Landscape irrigation for the purpose of watering in newly planted grass and foliage for the first forty-five (45) days after initial ' installation. (7) Irrigation activity for dust emissions required by court, Village ordinance or administrative action." Section 2. if any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 4. This Ordinance shall take effect January 1, 1997. PLACED ON FIRST READING THIS 26th DAY OF SEPTEMBER 1996. PLACED ON SECOND, FINAL READING AND PASSED THIS 10th DAY OF SEPTEMBER 1996. • i flush at the minimum rate necessary for cleaning and disperse water in such a manner to benefit local vegetation. (5) Landscape irrigation for purposes of watering in fungicides, insecticides and herbicides as required by the manufacturer or by federal or state laws; however, this exemption applies only to licensed pest control and herbicide operators and shall be limited to manufacturers' recommendations. (6) Landscape irrigation for the purpose of watering in newly planted grass and foliage for the first forty-five (45) days after initial ' installation. (7) Irrigation activity for dust emissions required by court, Village ordinance or administrative action." Section 2. if any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 4. This Ordinance shall take effect January 1, 1997. PLACED ON FIRST READING THIS 26th DAY OF SEPTEMBER 1996. PLACED ON SECOND, FINAL READING AND PASSED THIS 10th DAY OF SEPTEMBER 1996. • MAYOR (VILLAGE SEAL) ATTEST: / VILLAGE CLERK ~- •