Loading...
HomeMy Public PortalAbout2001-03 Amending the Code by Creating Environment re Water Shortage RegulationsORDINANCE NO. 2001-3 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE VILLAGE CODE BY CREATING CHAPTER 8 "ENVIRONMENT" CONSISTING OF ARTICLE III "WATER SHORTAGE REGULATIONS," SECTION 8-101 TO 8-108; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER SHORTAGE PLAN OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CODIFICATION; REPEALING ANY INCONSISTENT PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a water shortage or water shortage emergency may be declared from time to time by the South Florida Water Management District affecting the Village of Key Biscayne (the "Village"); and WHEREAS, during such water shortage condition the amount of surface and groundwater supplies may become insufficient to meet current or anticipated demands; and WHEREAS, upon the existence of such conditions it becomes imperative to the public health and convenience that certain uses of water be restricted or curtailed and that available water resources be allocated; and WHEREAS, the South Florida Water Management District has primary responsibility under Chapter 373, Florida statutes, for regulating water use and allocating available water supplies during periods of water shortage; and WHEREAS, the South Florida Water Management District has adopted a "Water Shortage Plan", codified as Chapter 40E-21, Florida Administrative Code, for the purpose of allocating and conserving the water resource during periods of water shortage and maintaining a uniform approach towards water use restrictions; and WHEREAS, the South Florida Water Management District has requested the assistance of the Village in the enforcement of the provisions of the "Water Shortage Plan"; and WHEREAS, it is the desire of the Village Council of the Village to provide the South Florida Water Management District with all possible assistance in the enforcement of the provisions of the "Water Shortage Plan" during a water shortage or water shortage emergency; and WHEREAS, Section 373.609, Florida Statutes, provides that it shall be the duty of county/municipal governmental and law enforcement officials to assist the South Florida Water Management District in the enforcement of Chapter 373, Florida Statutes, and any rules adopted thereunder, upon request by the South Florida Water Management District; and WHEREAS, the Village Council of the Village hereby finds and declares that adoption of this ordinance is necessary, appropriate, and in the public interest of citizens of this community; now therefore: BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA: Section 1. That the Village Code of Ordinances is hereby amended by creating Sections 8- 101 to 8-108 of Article III "Water Shortage Regulations" of Chapter 8 "Environment" to read as follows: CHAPTER 8. ENVIRONMENT. ARTICLE III. WATER SHORTAGE REGULATIONS. Section 8-101. Intent and Purpose. It is the intent and purpose of this Article to protect the water resources of the Village from the harmful effects of over utilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its Water Shortage Plan. 2 Section 8-102. Definitions. For the purpose of this Article the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in 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) "District" is the South Florida Water Management District. (b) "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind. © "Village" is the Village of Key Biscayne, Florida. (d) "Water Resource" means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground. (e) "Water Shortage Condition" is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought. (f) "Water Shortage Emergency" means that situation when the powers which can be exercised under part II of chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. Section 8-103. Application of Article. The provisions of this Article shall apply within the Village to all persons using the water resource within the geographical areas subject to the Water Shortage or Water Shortage Emergency, as determined by the District, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This Article shall not apply to persons using treated effluent or saltwater. 3 Section 8-104. Amendments To Water Shortage Plan. Chapter 40E-21, Florida Administrative Code, as it may be amended from time to time, is incorporated herein by reference as a part of this Article of the Village Code. Section 8-105. Declaration of Water Shortage; Water Shortage Emergency. The declaration of a Water Shortage Condition or Water Shortage Emergency within all or any part of the Village by the Governing Board or the Executive Director of the District shall invoke the provisions of this Article. Upon such declaration all water use restrictions or other measures adopted by the District applicable to the Village, or any portion thereof, shall be subject to enforcement action pursuant to this Article. Any violation of the provisions of Chapter 40E- 21, Florida Administrative Code, or any violation of an order issued pursuant thereto, shall be a violation of this Article, if committed within the jurisdiction of the Village. Section 8-106. Enforcement. Every police officer or sheriff having jurisdiction in the area governed by this Article, including Village police officers, shall, in connection with all other duties imposed by law, diligently enforce the provisions of this Article. In addition, the Village Manager may also delegate enforcement responsibility for this Article to the Code Enforcement Officers of the Village in accordance with State and local law. The Village, in addition to the sanctions contained herein, may take any other appropriate legal action, including but not limited to seeking emergency injunctive action, to enforce the provisions of this Article. Enforcement pursuant to Village Code Section 2-31, et. seq. (code enforcement procedure) is authorized. Section 8-107. Penalties. Violation of any provision of this Article shall be subject to the following penalties: First Violation: $25.00 Second and subsequent violations: A fine not to exceed $500. Each day in violation of this Article shall constitute a separate offense. Law enforcement officials should generally provide violators with no more than one written warning, unless additional warnings are found to be warranted by the officer. 4 Section 8-108. Water Users To Accept Provisions Of Article. No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this Article. The acceptance of water service shall be in itself the acceptance of the provisions thereof. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the Village of Key Biscayne; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. PASSED AND ADOPTED on first reading this 13th day of February , 2001. PASSED AND ADOPTED on second reading this 6th day of March , 2001. MAYOR JOE I. RASCO � �i4x�tY"j1 CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFIC RICHARD JAY WEISS, VILLAGE ATTORNEY 103001 \ordinances\water shortage 5 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE ORDINANCE AMENDING THE VILLAGE CODE BY CREATING CHAPTER 8 "ENVIRONMENT" in the XXXXX Court, was published in said newspaper in the issues of Feb 22/ 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first . - . --tion of the attached copy of advertisement; and aff • nt furt er says that she has neither paid nor promised a pars • , firm or corporation any discount, rebate, com- r refund f • the purpose of securing this advertise- publicati • j' in the said newspaper. (SEAL) Sookie Williams per • ed before me this 2001 , A.D MARIA I. MESA 44"NI4' 019MMISSION # CC 885640 . �., EXPIRES: March 4, 2004 lc, Bonded Thru Notary Public Underwriters VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is herpAy given that the fpllowing ordinance. will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday; March 6, 2001 at 7:00 p.m., in the Council Chamber, located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE VILLAGE CODE BY CREATING CHAPTER 8 'ENVIRONMENT' CONSISTING OF ARTICLE III "WATER SHORTAGE REGULATIONS," SECTION 8-101 TO 8- 108; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER SHORTAGE -PLAN OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PRO- VIDING FOR ENFORCEMENT AND PENALTIES; F?RQVIDING FOR CODIFICATION; REPEALING ANY INCONSISTENT PROVISIONS; PROVIDING FOR $EVERABILITY, AND PRO- VIDING AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990, all per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability should contactthe Office of the Village Clerk, 91 West McIntyre Street, Suite 203, Key Biscayne, • Florida 33149, telephone number (305) 365-5506, not later than two busi- ness days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any.' appeal may be based (F.S. • 286.0105). Comments of any interested party relative to this matter may be submit- ted in writing and or presented in person at the public hearing. Conchita H. Alvarez, CMC Villagie Clerk 2/22 01-4-44/136935M