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:
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(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
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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
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MAYOR
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TOWN OMMISSION