24-78 EMERGENCY ORDINANCE NO. '24-78
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27, "WATER AND
SANITARY SEWERAGE", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH BY ENACTING A SECTION 27-8 RESTRICTING
CERTAIN USES OF WATER FROM THE CITY WATER SUPPLY SYSTEM
NOT ESSENTIAL TO THE PUBLIC HEALTH, SAFETY AND WELFARE
DURING WATER SHORTAGE EMERGENCY SITUATIONS; AUTHORIZING
TERMINATION OF WATER SERVICE FOR VIOLATIONS; PRESCRIBING
ENFORCEMENT PROCEDURES IN THE EVENT OF VIOLATION OF ITS
PROVISION; PROVIDING A SAVI5]G CLAUSE; PROVIDING AN EFFECTIVE
DATE°
!~REAS, the City Council of the City of Delray Beach has deter-
mined emergency situations arise.from time to time concerning insufficient
water supply due to drought, shortage of raw water supply, inadequate treat-
ment plant capacity and other reasons; and,
WHERF~S, the City Council has determined that a water shortage
emergency currently exists in the City due to inadequate treatment plant
capacity; and,
WHEREAS, during emergency situations as defined herein it is
imperative that certain uses of water, not essential to the health, welfare
and safety of the users of the City water ~pply system, be restricted,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, AS FOLLOWS:
Section 1. That Chapter 27 of the Code of Ordinances of the City
of Delray Beach is hereby amended to enact a Section 27-8 to read as follows:
Section 27-8. Emergency Restrictions on the Water.
(A) Definitions.
1. City means the City of Delray Beach, Florida.
2. Emergency Situation means a situation determined by
the City Manager to exist due to an insufficient
supply of water of necessary quality to meet the
needs and demands of users of the City water supply
system.
3. Person means any person, firm, partnership, asso-
ciation, corporation, company or organization of
any kind.
4. Water means water from the City potable water
supply system.
(B) Application.
The provisions of this Ordinance shall apply to all
persons using water both in and outside the City.
(C) Restriction of Certain Uses.
When an emergency situation is declared by the City
Manager, the City Manager shall have authority to order
restrictions on the use of water for any or all
non-essential purposes, as determined by the City
Manager, including, but not limited to:
. (1) Watering Vegetation. The sprinkling, watering or
irrigating of shrubbery, trees, lawns, grass, ground
cover, plants, vines, gardens, vegetables, flowers
or any other vegetation.
(2) Washing Mobile Equipment. The washing of automo-
biles, trucks, trailers, campers, boats, railroad
cars, or any other type of mobile equipment.
(3) Cleaning Equipment and Machinery. The washing and
cleaning of any business or industrial equipment or
machinery.
(4) Ornamental Fountains and Swimming Pools. The
operation of any ornamental fountain, swimming pool,
wading pool or other structures making similar uses'
of water unless same employs a recirculating system.
(5) Escape Through Defective Plumbing. The escape of
water through defective plumbing which is known to
the user or owner.
(D) Exceptions to Restriction or Curtailment.
Upon adequate determination of the need therefor, the
City ~anager shall have the authority to permit reason-
able use of water as an exception to a restriction
imposed under Subsection (C). hereof if necessary to
maintain adequate health, safety and welfare standards'
for the users or'the City Water Supply system.
(E) Enforcement.
(1) Any person in violation of the provisions of this
Ordinance shall be penalized as follows:
(a) First Violation - A written notice of viola-
tion will be issued by a police officer of
the City.
(b) Second violation - A fine of not less than fift~
j($50.00)dollars or imprisonment not to exceed
90 days or both.
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(c) Third and Subsequent Violations - A fine of
not less than one hundred ($100.00) dollars
or imprisonment not to exceed 90 days or
both, and the City Manager's designee shall
have the authority to order the immediate
discontinuance of water service. When water
service is discontinued hereunder, the
person aggrieved shall have the right to
appeal the decision of discontinuance to the
City Manager who shall have the authority
to reverse or modify the discontinuance.
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
affect the validity of the remainder hereof as a whole or part thereof
~ than the p~rt d~lared to be invalid
Section 3. That all o~dinances or parts of ordinances in conflict
with the provisions~of this Ordinance are hereby repealed.
Section 4. That this Emergency Ordinance shall become effective
immediately upon passage on first and final reading.
PASSED AND ADOPTED in special session on first and final reading
on this the 1st day of May, 1978.
MAYOR
ATTEST:
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