35-85 ORDINANCE NO. 35-g5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 29, "WATER AND SEWERS", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING ARTICLE II, "WATER SERVICE", BY REPEALING DIVISION 2
"EMERGENCY RESTRICTIONS", AND ENACTING A NEW DIVISION
"EMERGENCY RESTRICTIONS", TO PROVIDE FOR A STATEMENT OF
INTENT; TO PROVIDE DEFINITIONS; TO PROVIDE FOR APPLICATION TO
ALL PERSONS USING WATER; TO INCORPORATE CHAPTER ~0E-21,
FLORIDA ADMINISTRATIVE CODE; TO PROVIDE THAT THE CITY MAN-
AGER MAY DECLARE A WATER SHORTAGE CONDITION OR WATER
SHORTAGE EMERGENCY; TO PROVIDE FOR PENALTIES FOR VIOLATION;
TO PROVIDE THAT THE ACCEPTANCE OF WATER SHALL BE ACCEP-
TANCE OF THE PROVISIONS OF DIVISION 2; PROVIDING A GENERAL
REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a water shortage condition or water shortage emergency may be declared from
'time to time by the South Florida Water Management District affecting the City of Delray Beach; 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 well
being 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 adopted a "Water Shortage
Plan", codified as Chapter q0E-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,
WHERE-AS, the South Florida Water Management District has requested the assistance of
the City of Delray Beach in the enforcement of the provisions of the "Water Shortage Plan"; and,
WHEREAS, it is the desire of the City Council of the City of Delray Beach to provide the
South Florida Water Management District with assistance in the enforcement of the provisions of the
"Water Shortage Plan" during a water shortage or water shortage emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Division 2 "Emergency Restrictions", be repealed and a new Division 2
"Emergency Restrictions", be enacted to read as follows:
DIVISION 2. EMERGENCY RESTRICTIONS
Sec. 29-43. Intent and purpose.
It is the intent and purpose of this ordinance to protect the water resources of the City of
Delray Beach, Florida, from the harmful effects of overutilization during periods of water shortage
and allocate available water supplies.
Sec. 29-4~. Definitions.
For the purpose of this Ordinance 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.
(c) "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.
(d) "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 condition usually
occurs due to drought.
(e) "Water shortage emergency" means that situation when the powers which can be
exercised under Part II of Chapter ~0E-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.
Sec. 29-q5. Application.
The provisions of this ordinance shall apply to all persons using water both in and outside
the City, whenever the City Manager has determined that a water shortage condition or that a water
shortage emergency exists. The City Manager shall declare that a water shortage condition or water
shortage emergency exists within the City upon such a declaration by the governing board of the South
Florida Water Management District or the Department of Environmental Regulation.
Sec. 29-t~6. Amendments to water shortage plan.
Chapter ~0E-21, Florida Administrative Code, as same may be amended from time to time,
is incorporated herein by reference as a part of the Delray Beach Code of Ordinances.
Sec. 29-#7. Declaration of water shortage condition; 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 ordinance.
Upon such declaration all water use restrictions shall be subject to enforcement action pursuant to this
ordinance. Any violation of the provisions of Chapter g0E-21, Florida Administrative Code, or any
order issued pursuant thereto, shall be a violation of this ordinance.
Sec. 29-t~8. Penalties.
Violation of any provision of this ordinance shall be subject to the following penalties:
First violation $25.00
Second and subsequent violations Fine not to exceed $500 and/or
imprisonment in the County jail
not to exceed 60 days
Each day in violation of this ordinance shall constitute a separate offense. The City of Delray Beach,
in addition to the criminal sanctions contained herein, may take any other appropriate legal action,
including but not limited to emergency injunctive action, to enforce the provisions of this ordinance.
Sec. 29-q9. Water users to accept provisions of ordinance.
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 Divison 2 of the Code of Ordinances of the City of Delray
Beach. The acceptance of water service shall be in itSelf the acceptance of the provisions thereof.
Section 2. That all ordinances or parts of ordinances which are in Conflict herewith are
hereby repealed.
Section 3. 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
2 ORD, NO. 35-85
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section ~. That this ordinance shall become effective ten (10) days after its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 23rd
day o! April , 1985.
ATTEST:
City C~k
First Reading April 9 ~ 1985
Second Reading April 23, 1985
3 ORD. NO. 35-85