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Ord. No. 14-85-1230ORDINANCE NO.14-85-1230 AN ORDINANCE OFTHE CITY OF SOUTH MIAMI,FLORIDA, PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER SHORTAGE PLAN OF THE SOUTH FLORIDA WATER MANAGE MENT DISTRICT;PROVIDING DEFINITIONS;PROVIDING FOR APPLICATION OF ORDINANCE;PROVIDING FOR ENFORCEMENT AND PENALTIES;PROVIDING FOR SEVERABILITY; AND PROVIDING ANEFFECTIVEDATE. WHEREAS,a water shortage or water shortage emergency may be declared from time to time by South Florida Water Management District affecting South Miami,Florida;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 to allocated;and WHEREAS,the South Florida Water Management District has primary responsibility under Chapter 373,Florida Statutes,for regulating water use and allocating available water supplies during periods of water shortage;and WHEREAS,the South Florida Water Management District has adopted a "Water Shortage Plan",codified as Chapter 40E-21,Florida Administrative Code,for the purpose of allocating and conserving water resource during periods of water shor shortage and maintaining a uniform approach towards water use restrictions;and WHEREAS,the South Florida Water Management District has requested the assistance of South Miami,Florida,in the enforcement of the provisions of the "Water Shortage Plan";and WHEREAS,it is the desire ofthe South Miami City Commission to provide the South Florida Water Management District;with all possible assistance in the enforcement of the provisions of the "Water Shortage Plan"during a water shortage emergency;and WHEREAS,Section 373.609,Florida Statutes,provides that it shall be the duty of county/municipal governmental and law enforcement officials to assist the South Florida Water Management District in enforcement of Chapter 373,Florida Statutes,and any rules adopted thereunder,upon request bythe South Florida Water Management District. NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDTHECITY COMMISSION OF THE CITY:OF SOUTH MIAMI,,FLORIDA: 'J Section 1.INTENT AND PURPOSE -_1.01 It is the intent and purpose of this ordinance to protect the water resources of South Miami from the harmful effects of overutilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its Water Shortage Plan. Section 2.DEFINITIONS 2.01 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 tence include the future,words in the plural include the singular,the 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 presentor 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 usually occurs due to drought. (e)"WATER SHORTAGE EMERGENCY"means that situation when the powers which can be exercised uder part II of Chapter 40E-21,Florida Administrative Code, are not sufficient to protect the public health,safety,or welfare,or the health.of animals,fish or aquatic life,ora public water supply, or commercial,industrial,agricultural,recreational or other reaonable uses. Section 3.APPLICATION OF ORDINANCE 3.01 The provisions of this ordinance shall apply to all persons using the water resource within the geographical areas subject to the "water shortage"or "water shortage emergency",as determined by the District,whether from public or privately owned water utility systems,private wells,or private connections with surface water bodies.This ordinance shall not apply to persons using treated effluent or saltwater. Section 4.AMENDMENTS TO WATER SHORTAGE PLAN 4.01 Chapter 40E-21T Florida Administrative Code,as same may be amended from time to time,is incorporated herein by reference as part of the South Miami Code. Section 5.DECLARATION OFWATER SHORTAGE;WATER SHORTAGE EMERGENCY 5.01 The declaration ofa water shortage or water shortage emergency within all or any part of South Miami by the Governing Board or the Executive Director of the District shall invoke the provisions of this Ordinance.Upon such declaration all water use restrictions or other measures adopted by the District applicable to South Miami or any portion thereof,shall be subject to enforcement action pursuant to this Ordinance.Any violation of the provisions of Chapter 40E-21,Florida Administrative Code,or any order issued pursuant thereto,shall be in violation of this Ordinance. Section 6.ENFORCEMENT 6.01 Every police officer or sheriff having jurisdiction in the area governed by this Ordinance shall,in connection with all other duties imposed-by law,diligently enforce this provisions of this Ordinance.In addition,the City Administrator may also delegate enforcement responsibility for this Ordinance to agencies and departments of City government,or cities in the service areas governed by this Ordinance,in accordance with state and locallaw. Section 7.PENALTIES 7.01 Violation of any provision of this Ordinance shall be subject to the following penalties: First violation $25.00 Second and subsequent Fine not to exceed $500 and/or violations imprisonment in the County jail not to exceed sixty (60)days Each day iniviolation of this Ordinance shall constitute a separate offense.In the initial stages of water shortage or water shortage emergency,law enforcement officials may provide violators with no more than one written warning.The City,in addition to the criminal sanctions contained herein,may take other appropriate legal action, including,but not limited to emergency injunctive action,to enforce the provisions ofthis Ordinance. Section8.WATERUSERSTOACCEPTPROVISIONSOFTHISORDINANCE 8.01 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 this Ordinance. The acceptance of water service shall be in itself the acceptance of the provisions thereof. Section 9.ORDINANCES REPEALED 9.01 All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 10.SEVERABILITY 10.01 If any section,sentence,clause or phase of this ordinance is held to be invalid or unconstitutional by any Court of compentent jurisdiction,then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 11.INCLUSION INCODE 11.01 It is the intention of the Board of City Commissioners that the provisions of this Ordinance shall become and be made a part of the South Miami City Code;andthatthe sections of this Ordinance maybe renumbered or relettered and the word "ordinance"may be changed to "section","article",or such other appropriate word or phrase in order to accomplish such intentions. Section 12.EFFECTIVE DATE 12.01 This Ordinance shall be immediately certified by the Clerk of the Commission to the Department of State and shall take effect upon receipt of official acknowledgement to this office that it has been filed. PASSED AND ADOPTED this day of ,1985. APPROVED: ATTEST: CITY CLERK READAND APPROVED ASTOFORM: Passed on 1st Reading:5/7/85 Passed on 2nd Reading: