The URL can be used to link to this page

Home My Public Portal AboutORD 72/02ORDINANCE NO. 72-2. AN ORDINANCE OF THE TO',7N OF GULF STREAM, FLORIDA, AUTHORIZING THE TO'IN COMMISSION TO PROHIBIT OR CUR- TAIL CERTAIN USES OF WATER NOT ESS NTIAI V THE PUB- LIC WELL BEING DURING JRGUGHT CCNJITIONS; DEFINING THE TEIu4S PERTAINING THERETO; APPLICATION OF ORDI- NANCE; PROVIDING FOR PENALTIES; APPEAL P GCEJURES AND SEPARABILITY CLAUSE; AND FOR 011U;R PURPOSES. ;;H::REAS, from time to time an emergency situation may arise effecting the Town of Gulf Stream, Florida, whereby an extreme short- age of water may occur due to prolonged and severe drought conditions; and 7iHEREAS, during such emergency conditions the level of water reservoirs supplying water to the sown and water tables and well fields beneath the Town may become perilously low; and �� HEREAS, upon the existence of such conditions it becomes im- perative to the public well being that certain uses of water, not es- sential to the health, welfare and safety of the Town and its inhabi- tants be restricted or curtailed; and W11 REAS, the Central and Southern Florida Flood Control Dis- trict, a public corporation of the ,.tate of Florida, charged with res- ponsibility for the control of levels of water within said District, has (luring such drought periods declared the existence of an emergency situation and ordered curtailment or restriction of such non-essential use of water: NOH, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TC;:Ii CF GULF STREAM, FLORIDA: SECTION 1. DEFILITIONS For the purpose of this ordinance the following terms, words, phrases, and their derivations shall have the meaning given herein. '.,,'hen not inconsistent with the context, cords used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. (1) Town is the Toren of Gulf stream, c'lorida. (2) "Person" is any person, club, firm, partnership, association, corporation, company or organization of any kind. (3) 117mergency Situation" is such a situation as shall be deter- mined and declared by the Central and :southern Florida Flood Control District as in existence due to prolonged drought conditions resulting in the serious shortage of fresh water supply to this area or :own; or prior to any determination or declaration by the Central and Southern Florida Flood Con- trol District, or, for any ether local reason this Town may deterrcine that it has become seriously affected by any such shortage of water. As a result of either of the foregoing determinations the Town Commission of Gulf Stream, Florida, or its Mayor, shall declare an "emergency situation" and im- plement the provisions of this ordinance. SECTION 2, APPLICATION OF ORDINANCE The provision of this Ordinance shall apply to all persons using water both in and outside the Town, and regardless of whether any person using water shall have a contract for water service with the Town if said water is taken from the Town water supply system. SECTION 3. RME ,* UCTION OF: CUETAILr'. %NT OF :i'ATI�.R USAGE- At such times as an "emergency situation" is declared by the Central and Iouthern Florida Flood Control District as affecting this Town or is so declared by the Town Commission regarding the supply of fresh water due to prolonged draught conditions, the Town Commission, or its Mayor, is authorized to implement this Ordinance by ordering the restricted use of water or absolute curtailment of use of water for certain non - essential purposes including but not limited to the following: (1) The sprinkling, watering or irrigating of shrubbery, trees, lawn, grass, ground ct,vers, plants, vines, gardens, vege- tables. The Town Commission, or its Mayor, is authorized to specify certain days and place limitations on the hours or ,period of time when lawns and shrubbery may be watered. (2) The washing of automobiles, trucks, trailers, mobile homes, casrpers, boats, or any other type of mobile equipment; except bona - fide business enterprise where vehicle washing is done. (3) The washing of driveways, sidewalks, porches, exterior of homes, apartments, office buildings or other outdoor surfaces. (4) The operation of any ornamental fountain or other struc- ture using water without a recirculating system. (5) :swimming and wading pools not using a filter and recircu- lating system. (6) The escape of water through defective plumbing, which shall mean the knowing permission for defective plumbing to remain out of repair. SECTION 4. PENALTIES It is the responsibility of any property owner to :see that compliance with restrictions as may be put into effect by the Town Commission, or its Nayor, is effected, and the Town Commission, or its Mayor, may suspend water service from any property when the pro- visions of this Ordinance have been violated. SECTION 5. `W%henever the Town Commission, or its i.iayor, shall issue an order directing restriction or curtailment of the use of water as provided herein, or shall suspend water service as a result of a violation of provisions of this C>rdi,nance, the person aggrieved shall have the right to appeal the decision cf the Mayor to the Town Commission. The Town Commission shall grant such person a reasonable opportunity to present in writing, or at the Commission's option in open meeting, his arguments against such decision of the Mayor, The Commission shall consider such arguments and pertinent facts and its decision with respect to such appeal shall be final. SECTION 6, EXCEPTION TO MAINTAIN 5A2:ITATION The Town Commission, or its Mayor, upon the recommendation of the County Health Officer, or upon its own recognizance, shall have the authority to permit a reasonable use of water in any case neces- sary to maintain adequate health and sanitation standards. nacre 2 SECTION 7. WINTER USERS TO ACCEPT PF&VI SIONS OF ORDINANCE No water service shall be furnished to any person in the Town who does not agree to accept all of the provisions contained in this Ordinance, and all of the reasonable rules and regulations not inconsistent herewith promulgated by the Town Commission for the regulation of water service. The acceptance of water service from the Town shall be in itself the acceptance of the provisions hereof, SECTION a. AUT110RITY Specific authority is hereby granted to codify this Ordinance. SECTION 9. EFFI.CTIVE DICE OF C! Dlr- flliCE ri'his Ordinance shall take effect immediately after its final passage by the Town Commission as provided by the Town Charter, FIRST READING THIS 14th ,?SAY OF April , 1972. SECOND and FIN,'kL RE;-,DING, PASSAGE & ADOPTION ON TI-IIS 9_ tom DAY OF JUNE , 1972. (Corporate Seal) /S/ GEORGE W. WP.LKER Mayor !IILLIjW F. KOCH, JR. Mice -Mayor ?TILLI -,:M S. LaPORTE commissioner /S/ HENRY N. N- HITNEY co as oner /S/ JOHN K. WHI TTEMORE ;,TTEST: Comm ss oner As and constituting the Town /3 / R. to hi ng Commission of the Town of Deputy Town Clerk Gulf ;stream, rlorida. Tsang+ I