13-88 EMERGENCY ORDINANCE NO . 13- 88
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29,
"WATER AND SEWERS", ARTICLE II, "WATER SERVICE",
DIVISION 2, "EMERGENCY RESTRICTIONS" OF THE CODE OF ,
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 29-47, "DECLARATION OF WATER
SHORTAGE CONDITION; WATER SHORTAGE EMERGENCY", TO
PERMIT THE CITY MANAGER TO INVOKE ALTERNATIVE WATER
RESTRICTIONS TO WATER RESTRICTIONS CONTAINED WITHIN
CHAPTER 40E-21, OF THE FLORIDA ADMINISTRATIVE CODE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Florida Statutes Section 166.041(3)(b) provides for
the adoption of ordinances on an emergency basis without the necessity
for prior advertisement and on one reading; and,
WHEREAS, the City Council of the City of Delray Beach, Florida,
has deemed that the adoption of this ordinance is necessary on an
emergency basis in order to provide for alternative water restrictions
to those provided in Chapter 40E-21, Florida Administrative Code, where
the City Manager declares a water shortage condition or water shortage
emergency within the City of Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 29, "Water and Sewers", Article II,
"Water Service", Division 2, "Emergency Restrictions", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended by amending Section 29-47, "Declaration of Water Shortage
Conditions; Water Shortage Emergency", to read as follows:
Section 29-47. Declaration of Water Shortage Conditions;
Water Shortage Emergency.
The declaration of a water shortage condition or water shortage
emergency within all or any part of the. City of Delray Beach
by the City Manager shall invoke the provisions of this
article. Upon such declaration, all water use restrictions
shall be subject to enforcement pursuant to this article.
When the City Manager declares a water shortage condition or
water shortage emergency, the City Manager may invoke
alternative water restrictions to water restrictions contained
within Chapter 40E-21, of the Florida Administrative Code.
Any violations of the provisions of Chapter 40E-21, Florida
Administrative Code, or any violations of alternative
restrictions invoked by the City Manager, or any order issued
pursuant thereto shall be in violation of this article
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 effect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 3. That this ordinance shall become effective
immediately upon its passage on first reading, in accordance with the
provisions of Florida Statutes Section 166.041(3)(b).
PASSED AND ADOPTED in regular session on this 8th day of
March , 1988.
M A Y O R
ATTEST:
First Reading March 8~ 1988
ORD NO. 13-88
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