HomeMy Public PortalAboutORD 78/03EMERGENCY ORDINANCE 78 -3
AN EMERGENCY ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF GULF STREAM, FLORIDA RESTRICTING
CERTAIN USES OF WATER FROM THE WATER SUPPLY
SYSTEM OF THE TOWN NOT ESSENTIAL TO THE PUBLIC
HEALTH, SAFETY AND WELFARE DURING WATER SHORTAGE
EMERGENCY SITUATIONS; AUTHORIZING TERMINATION OF
WATER SERVICE FOR VIOLATION; PRESCRIBING ENFORCE-
MENT PROCEDURES IN THE EVENT OF VIOLATION OF ITS
PROVISION; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS the Town Council of the Town of Gulf Stream has
determined emergency situations arise from time to time concerning
insufficient water supply due to drought, shortage of raw water
supply, inadequate treatment plant capacity and other reasons; and,
WHEREAS the Town Council has determined that a water
shortage emergency currently exists in the Town due to inadequate
treatment plant capacity; and
WHEREAS during emergency situations as defined herein
it is imperative that certain uses of water not essential to the
health, welfare and safety of the users of the Town water supply
system be restricted,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS:
SECTION 1. EMERGENCY RESTRICTIONS ON WATER.
A. Definitions.
1. "Town" - Town means the Town of Gulf Stream, Florida.
2. "Emergency Situation" - Emergency situation means
a situation determined by the Town Clerk to exist
due to an insufficient supply of water of necessary
quality to meet the needs and demands of users of
the Town water supply system.
3. "Person" - Person means any person, firm, partner-
ship, association, corporation, company or organiza-
tion of any kind.
4. "Water" - Water means water from the Town's potable
water supply system.
JOHNSTON
3ASSER & RANDOLPH
O OKEECHOBEE BLVD.
:ST PALM BEACH, FLA.
33402
JOHNSTON
SASSER & RANDOLPH
10 OKEECHOBEE BLVD.
EST PALM BEACH, FLA.
33402
B. Application.
The provisions of this Ordinance shall apply to all
persons to whom water is supplied through the Town
of Gulf Stream's water system.
C. Restriction of Certain Uses.
When an emergency situation is declared by the Town
Clerk, the Town Clerk shall have authority to order
restrictions on the use of water for any or all non-
essential purposes as determined by the Town Clerk,
including,but not limited to:
1. Watering vegetation. The sprinkling, watering
or irrigating of shrubbery, trees, lawns, grass,
ground cover, plants, vines, gardens, vegetables,
flowers or any other vegetation.
2. Washing Mobile Equipment. The washing of auto-
mobiles, trucks, trailers, campers, boats, rail-
road cars, or any other type of mobile equipment.
3. Cleaning Equipment and Machinery. The washing
and cleaning of any business or industrial
equipment or machinery.
4. Ornamental Fountains and Swimming Pools. The
operation of any ornamental fountain, swimming
pool, wading pool or other structures making
similar uses of water unless same employs a
recirculating system.
5. Escape Through Defective Plumbing. The escape of
I
water through defective plumbing which is known
to the user or owner.
D. Exceptions to Restriction or Curtailment.
Upon adequate determination of the need therefor,
the Town Clerk shall have the authority to permit
reasonable use of water as an exception to a restric-
tion imposed under Subsection C hereof if necessary
to maintain adequate health, safety and welfare
standards for the users of the Town water supply
system.
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JOHNSTON
3ASSER & RANDOLPH
O OKEECHOBEE BLVD.
=ST PALM BEACH, FLA.
33402
E. Enforcement.
1. Any person in violation of the provisions of
this Ordinance shall be penalized as follows:
(a) First Violation - A written notice of
violation will be issued by a police
officer of the Town.
(b) Second Violation - A fine of not less than
$50.00 or imprisonment not to exceed 30
days or both.
(c) Third and Subsequent Violations - A fine of
not less than $100.00 or imprisonment not
to exceed 30 days or both, and the Town
Clerk's designee shall have the authority to
order the immediate discontinuance of water
service. When water service is discontinued
hereunder, the person aggrieved shall have
the right to appeal the decision of discon-
tinuance to the Town Clerk who shall have
the authority to reverse or modify the
discontinuance.
SECTION 2. That should 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 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 3. That all ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed.
SECTION 4. That this Emergency Ordinance shall become effective
immediately upon passage on first and final reading.
PASSED AND ADOPTED ON READING THIS DAY
OF , A. D., 1978.
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APPROVED:
Mayor
W7
ATTEST:
Town lk
Town of Gulf Stream
246 Sea Road
Gulf Stream, Fla. 33444
JOHNSTON
SASSER & RANDOLPH
110 OKEECHOBEE BLVD.
TEST PALM BEACH, FLA.
33402
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