Ordinance 2000-086 ORDINANCE NO. 2000 - 8 6
~o... X~- AN]~0~RGENCY ORDINANCE AMENDING ORDINANCE NO. 2000-
~ttm a~(~l~q~d~E COLLIER COUNTY WATER IRRIGATION ORDINANCE, TO
- '~"~--Y-z-'A'~ OMA T I CA L LY INCORPORATE HEREIN ALL WATER
SHORTAGE RESTRICTIONS CONTAINED IN EACH EMERGENCY
WATER RESTRICTION ORDER DECLARED FROM TIME-TO-TIME
BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
PURSUANT TO SECTION 373.175, FLORIDA STATUTES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
INTO THE CODE OF LAWS AND ORDINANCES; DECLARING AN
EMERGENCY AND PROVIDING A SPECIAL EFFECTIVE DATE.
WHEREAS, the Collier County Water Irrigation Ordinance (No. 2000-61) specifies
water restrictions that apply throughout unincorporated Collier County; and
WHEREAS, Section 373.175, Florida Statutes, authorizes the South Florida Water
Management District to, from time-to-time, by order, declare that a water shortage exists in
Collier County whereby restrictions regarding the use of water are thereby applied; and
WHEREAS, such an Emergency Order is presently in effect in Collier County, and the
South Florida Water Management District anticipates that water shortages will not be a
temporary condition, and such orders will probably have to be issued from time-to-time into the
indefinite future; and
WHEREAS, Section 373.609, Florida Statutes, mandates that every sta~_m~_~iand~ounty
attorney, sheriff, among others, upon request from the South Florida Wate~??:Man~me~
District, shall assist that District in enforcing its water use restriction orders; and ~~--~ ~
WHEREAS, as specified in Part VI of Chapter 373, Florida Statutes, tl~bnly~_ n~!~
option is charging each and every alleged offender with a second degree misdeme~or; a~ :~
WHEREAS, Collier County desires to fully assist the South Florida Wat~;~l~ian~gement
District in enforcing its declarations of water shortages as required by law, but the County
desires to have more flexibility than being required in every instance to cite the alleged violator
as having committed a second degree misdemeanor; and
WHEREAS, Collier County can assist the District in enforcing its water shortage orders
by automatically incorporating each such water shortage order into this Ordinance, and thereby
also have options to impose lesser penalties than the penalties that are automatically applicable
to violations that constitute second degree misdemeanors; and
WHEREAS, Don Hunter, the Sheriff for Collier County, has requested that the Board of
County Commissioners automatically incorporate into this Ordinance such water shortage
regulations as may from time-to-time be imposed by issuance of water shortage orders by the
South Florida Water Management District and thereby have the discretion to apply to each
violator various penalty provisions incorporated into the County's Water Irrigations Ordinance;
and
WHEREAS, the Board of County Commissioners agrees with the Sheriff's request; and
WHEREAS, there is an emergency need 'to adopt this Ordinance to assist in the
enforcement of the South Florida Water Management District's water shortage orders without
being required to cite each alleged violator as having committed a second degree misdemeanor.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO COLLIER COUNTY ORDINANCE No. 2000-61.
Section FIVE of Collier County Ordinance No. 2000-61 is hereby amended to read as follows:
Words underlined are added; Words ::rack :~rzug,~ are deleted.
1
SECTION FIVE: IRRIGATION HOURS: OPERATIONAL PROHIBITIONS.
5.1 All water irrigation activities within those areas and boundaries as designated in
Section Six, and which are not exempted by Section Seven, shall be restricted to the hours
between 5:00 p.m. and 9:00 a.m., seven days each week. Subject to the exceptions specified in
this Ordinance, irrigation by water in those areas is prohibited between the hours of 9:00 a.m.,
and 5:00 p.m., seven days each week.
5~2 All water irrigation activities within those areas and boundaries as designated in
Section SIX, and which are not exempted by Section Seven, shall be operated in an effective
manner so as to not allow water to be applied continuously or primarily to any impervious
surface.
5.3 'All water irrigation activities prohibited or restricted from time-to-time by
emergency orders declared by the South Florida Water Management District and published in a
newspaper of general circulation in Collier County pursuant to Section 373.175, Florida
Statutes. Each such order shall apply to such geographic areas in Collier County as are specified
in the respective order or, if not specified, as otherwise provided by law. Each such order shall
be subject only to such exceptions as specified in the respective order, and if not specified
therein, as otherwise provided by law.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event that this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portions.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County,
Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and
the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word.
SECTION FOUR: EMERGENCY ORDINANCE; SPECIAL EFFECTIVE
DATE.
Pursuant to Subsection 125.66(3), Florida Statutes, the Board by at least a four-fifths vote to
adopt this Ordinance, finds that an emergency exists and that immediate enactment of this
Ordinance is necessary to authorize the Sheriff's Department to assist in the enforcement of
emergency water restriction orders declared by the South Florida Water Management District
without having to charge each alleged violator as having committed a second degree
misdemeanor. This Ordinance shall become effective as soon as a copy hereof has been accepted
by the postal authorities of the Government of the United States for special delivery by certified
mail to the Department of State of Florida.
,,,"'PASSED~ND DULY ADOPTED by a vote in favor of enactment by ~ members of the
::" ,'Board9f Codtlty Commissioners of Collier County, Florida, this 12th day of December, 2000.
' '. ATTEST:.~ ~ '..: ~ BOARD OF COUNTY COMMISSIONERS
! '~i ~ ~DWIGI-ICF?E~':BROCK, ClerkCOLLIER ~,~UNT~~A
' .. :... 'p y AttaSt aS tO ~l~l$1'lllllq~S~F.-~A~R~Ph.D., Chairman
This ordinance filed with the
Approved as to form and
legacy:
/_
Assistant County Attorney
Se~.~e.tary of S~.,s Office the
and acknowledgern~hat
filinglr~e.c ?ived this da~,
of ~
O~uty C~k
H:Tom/Finals/OrdinancesWater Shortage, amending same 12-7-00
Words un.derlin¢c[ are added; Words ............t,,. are deleted.
2
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true original of:
ORDINANCE NO. 2000-86
Which was approved by the Board of County Commissioners on
the 12th day of December, 2000, during Regular Session, via
Emergency procedure.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this
December, 2000.
DWIGHT E. BROCK
Clerk of Courts and C~r~'
Ex-off~c~o to Board of : ,~
County Commissioners'
By: Ellie Hoffman,
Deputy Clerk