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HomeMy Public PortalAboutORD 91/11ORDINANCE NO. 91/11 AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, RELATING TO THE USE OF WATER FOR LANDSCAPE IRRIGATION; CREATING A NEW ARTICLE III OF CHAPTER 10 (WATER) TO BE ENTITLED LANDSCAPE IRRIGATION REGULATIONS; PROVIDING FOR APPLICATION; PROVIDING FOR RESTRICTIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Conservation Element of the Town of Gulf Stream Comprehensive Plan requires that the Town establish programs to conserve water resources; and WHEREAS, the Town finds it necessary to impose water and irrigation restrictions on its residents to satisfy the policies in its Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, AS FOLLOWS: Section 1. That the Code of Ordinances of the Town of Gulf Stream, Florida, is hereby amended at Chapter 10 by adding an Article to be numbered Article III which said Article shall read as follows: ARTICLE III LANDSCAPE IRRIGATION REGULATIONS. Section 10.21 Application. The provisions of this article shall apply during all periods of time during which no emergency water use restrictions, as provided in Section 10-18 are in effect. The provisions of this article shall apply to all uses of water for irrigation regardless of source, except reclaimed water or treated effluent. Section 10.22 Restrictions. The use of water for sprinkling or other irrigation of lawns, landscaped areas, golf courses or other outdoor vegetation in the Town of Gulf Stream is restricted as follows: (a) The use of water for sprinkling and irrigation is prohibited on Friday except as otherwise provided herein. (b) Water may be used for sprinkling or irrigation of property which consists of less than five (5) acres between the hours of 4:00 a.m. to 8:00 a.m. Saturday through Thursday and shall be limited to three days a week as follows: 1 (1) Property with odd numbered addresses shall be permitted to irrigate on Monday, Wednesday and Saturday. Odd numbered addresses means a house address, box number or rural route ending in the numbers 1, 3, 5, 7 and 9 or the letters N through Z. (2) Property with even numbered addresses shall be permitted to irrigate on Tuesday, Thursday and Sunday. Even numbered addresses means a house address, box number or rural route ending in the number 0, 2, 4, 6 and 8, or the letters A through M, and those properties which have no street address, as well as those properties with multiple addresses. (c) Any installation of new landscape on any property within the Town, including but not limited to sod, trees and shrubs, may be irrigated from 2:00 a.m. to 8:00 a.m. Saturday through Thursday for the first thirty (30) days after they are installed. Thereafter, such property shall be watered in compliance with Section 10.22(b). (d) Golf courses may be watered during non -daylight hours only. Nine holes of any golf course may be watered on Monday, Wednesday and Saturday from 12:01 a.m. to 8:00 a.m. The remaining holes may be watered on Tuesday, Thursday and Sunday from 12:01 a.m. to 8:00 a.m. Golf course greens may be watered on a daily basis within the times specified herein. (e) Tennis courts composed of har-tru, clay or other permeable surface which requires watering may be watered on a daily basis, said watering to be to a limited extent as necessary to maintain said courts. Section 10.23 Variances. Any user holding a valid variance issued by the South Florida Water Management District may continue to avail himself of the provisions of the variance upon the filing of the variance with the Town. Section 10.24 Enforcement. Every police officer having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article. In addition, the Town Manager may also delegate enforcement responsibility for this article to other departments of the Town government. Section 10.25 Penalties. Violation of any provision of this article shall be subject to the following penalties: (a) For the first violation, by a fine not to exceed Fifty Dollars ($50.00); (b) For a second violation by a fine not to exceed One Hundred Fifty Dollars ($150.00); (c) For a third violation by a fine not to exceed Two Hundred Fifty Dollars ($250.00) and by termination 2 of water service to the premises until the violation is corrected. Each day a violation of this article exists shall constitute a separate offense. Law enforcement officials and others as delegated may provide violators with no more than one written warning. In addition to the sanctions contained herein the Town may take other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this article. Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Gulf Stream, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Gulf Stream. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session on first reading this 7+h day of January , 1991, and for a second and final reading on this iiCt day of January , 1991. ATTEST: TOWN CLERK PAM\13147-01\WATERRES.ORD 11\29\90 fl MAYOR CCS u TOWN OMMISSION