Ordinance 1993-03 I/11/93
1 ORDINANCE NC . 93-3
2 A COUNTYWIDE ORDINANCE OF THE BOARD OF COUNTY
3 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA TO BE KNOWN
4 AS THE PALM BEACH COUNTY WATER AND IRRIGATION
5 CONSERVATION ORDINANCE; PROVIDING FOR A SHORT TITLE;
6 APPLICABILITY; AUTHORITY; PROVIDING A PURPOSE;
7 PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTIONS;
8 PROVIDING EXEMPTIONS; PROVIDING FOR ENFORCEMENT;
9 PROVIDING FOR VARIANCE RELIEF; PROVIDING FOR REPEAL AND
10 REPLACEMENT OF ORDINANCE NUMBER 91-52, AND REPEAL OF LAWS
11 IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
12 INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
13 PROVIDING FOR AN EFFECTIVE DATE.
14 WHEREAS, Chapter 125, Florida Statutes (County Government)
15 authorizes the Board of County Commissioners to enact those
16 regulations necessary for the health, safety and welfare of the
17 citizens and visitors of Palm Beach County; and
18 WHEREAS, the rapid growth of Palm Beach County has placed and
19 continues to place a substantial strain on the water resources of
20 the County; and
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21 WHEREAS, it is the policy of Palm Beach County to conserve and
22 protect its valuable and critical water resources; and
23 WHEREAS, the South Florida Water Management District has
24 developed a "Water Conservation Plan", for the conservation and
25 distribution of water resources; and
26 WHEREAS, it is the intent and policy of the Board of County
27 Commissioners of Palm Beach County to ensure the continued health,
28 safety, welfare, and quality of life for the existing and future
29 residents and visitors to Palm Beach County by assisting in the
30 conservation of its water resources; and
31 WHEREAS, the Board of County Commissioners of Palm Beach
32 County finds that it is in the best interests of citizens of Palm
33 Beach County to enact a countywide ordinance imposing permanent
34 restrictions on landscape irrigation; and
35 WHEREAS, on December 17, 1991, the Board of County
36 Commissioners of Palm Beach County enacted Ordinance Number 91-52,
37 a countywide ordinance imposing permanent restrictions on landscape
38 irrigation; and
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1 WHEREAS, Ordinance Number 91-52 provided for enforcement
2 through the Groundwater and Natural Resources Protection Board; and
3 WHEREAS, enforcement of water restrictions may be made more
4 efficient through the use of a citation system; and
5 WHEREAS, Section 162.21, Florida Statutes (1991) provides
6 local governing bodies with an additional and supplemental means of
7 enforcing county codes and ordinances, through the use of a
8 citation system; and
9 WHEREAS, Ordinance Number 90-45, as amended, implements the
10 provisions of Section 162.21, Florida Statutes (1991) , and
11 establishes a citation system for Palm Beach County Code and
12 Ordinances; and •
13 WHEREAS, use of the citation system will allow the imposition
14 of civil penalties for violation of the provisions of the Water and
15 Irrigation Conservation Ordinance; and
16 WHEREAS, the imposition of civil penalties for violations of
17 the Water and Irrigation Conservation Ordinance will protect the
18 water resources of the County.
19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
20 COMMISSIONERS OP. PALM BEACH COUNTY, FLORIDA, that:
21 Section 1. SHORT TITLE; APPLICABILITY; AUTHORITY
22 1.01 This Ordinance shall be known as the "Palm Beach County
:3 Water and Irrigation Conservation Ordinance".
24 1.02 All provisions of this Ordinance shall be effective
25 within the unincorporated areas of Palm Beach County, Florida, as
26 well as those incorporated areas not subject to municipal
27 regulation in this area, and shall set restrictions, constraints
28 and prohibitions to enhance the County's water resources and
29 provide a permanent water conservation measure. Unless otherwise
30 provided, nothing in this Ordinance shall be construed to relieve
31 any person from compliance with any applicable regulations enacted
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1 11 by the County or any municipality, district or other political
2 ( subdivision of the State of Florida.
3 1.03 This Ordinance is adopted under the authority of
4 hArticle VIII, Section 1 (g) of the Florida Constitution,
5 ( Chapter 125, Florida Statutes (1991) , and the Palm Beach County
6 Charter.
7 Section 2. PURPOSE
8 This purpose of this Ordinance is to establish a regulatory
9 framework and guidance document which will help ensure that water
10 and landscape irrigation conservation will be consistent throughout
11 Palm Beach County.
12 Section 3. DEFINITIONS
13 3.01 The following definitions shall apply within this
14 Ordinance.
15 (a) Agriculture. The growing of farm products including, but
16 not limited to, sugar cane, vegetables, citrus and other fruits,
17 I pasture land, sod or nursery stock including, but not limited to,
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18 I ornamental foliage and greenhouse plants. -
19 (b) Code Enforcement Officer/Code Inspector. Any authorized
20 agent or employee of the County whose duty is to ensure compliance
21 with the provisions of this Ordinance, including, but not limited
22 to, law enforcement officers and designated employees of the
23 Department of Environmental Resources Management, Cable Television,
24 Water Utilities and Planning, Zoning and Building.
25 (c) Impervious. Land surfaces which do not allow the
26 penetration of water including paved roads, sidewalks, driveways,
27 parking lots and highly compacted areas including shell or clay.
28 (d) Irrigation. The direct application of water by means
29 other than precipitation.
30 (e) Irrigation systems. Equipment and devices which deliver
31 water to plants being irrigated including, but not limited to
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1 1 pipelines, control structures, pipes and ditches, pumping stations,
2 emitters, valves and fittings. This does not include the transfer
3 of water through water management systems from one location to
4 ; another.
5 (f) Person. Includes any natural person, individual,
6 public or private corporation, firm, association, joint venture,
7 partnership, municipality, governmental agency, political
8 subdivision, public officer or any other entity whatsoever, or any
9 combination of such, jointly or severally.
10 Section 4. RESTRICTIONS
11 4.01 Irrigation of any residential, commercial,
12 institutional, governmental or industrial landscape areas shall be
13 restricted to the hours of 5:00 P.M. to 9:00 A.M.
14 4.02 It shall be unlawful to operate or cause the operation
15 of any irrigation system or device in a manner causing water to be
16 wasted, including, but not limited to, unnecessary watering of
17 impervious areas, other than that which may occur incidental to the
18 proper operation of the primary irrigation system. •
19 4.03 Upon the effective date of this Ordinance, new
20 installations of automatic irrigation systems shall be equipped
21 with a water sensing device which will automatically discontinue
22 irrigation during periods of rainfall.
23 Section 5. EXEMPTIONS
24 The following activities shall be exempt from the provisions
25 of this Ordinance:
26 5.01 Landscape irrigation by hand watering using a self-
27 canceling nozzle.
28 5.02 Landscape irrigation by systems from which the sole
29 source is treated wastewater effluent.
30 5.03 The operation of irrigation systems for system repair
31 and maintenance.
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1 5.04 Flushing of water mains required for normal water main
2 clearance and maintenance and for maintenance of water quality;
3 however, where_practical, contractors and utilities shall direct
4 flushed water into pervious areas, flush at the minimum rate
5 necessary for cleaning and disperse the water in such a manner to
6 benefit local vegetation.
7 5.05 Landscape irrigation for purposes of watering in
8 fungicides, insecticides and herbicides as required by the
9 manufacturer or by federal or state laws; however, this exemption
10 applies only to licensed pest control operators and shall be
11 limited to manufacturer's recommendations.
12 5.06 Landscape irrigation for the purpose of watering in
13 newly planted grass and foliage for the first forty-five days after
14 initial installation.
15 5.07 Irrigation activity for dust emissions required by court
16 or administrative action.
17 5.08 Agricultural irrigation where the use of water is
18 permitted by a consumptive or water use permit issued by the 'South
19 Florida Water Management District.
20 Section 6. ENFORCEMENT
21 6.01 Failure to comply with the ,requirements of this
22 Ordinance shall constitute a violation of a County Ordinance, and
23 may be punished as provided by Section 125.69(1) , Florida Statutes.
24 6.02 Violations of the provisions of this ordinance may also
25 be punished, pursuant to Section 162.21, Florida Statutes, as a
26 civil infraction with a maximum civil penalty not to exceed five
27 hundred dollars ($500.00) , as set forth in Ordinance Number 90-45,
28 as amended - the Code Enforcement Citation System Ordinance.
29 6.03 Each day in violation of the provisions of this
30 Ordinance shall constitute a separate offense.
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1 6.04 In addition to the sanctions contained herein, the
2 I county may take appropriate action, including but not limited to
3 Iladministrative action and requests for temporary and permanent
4 injunctions, to enforce the provisions of this Ordinance.
5 6.05 All monies collected pursuant to this Ordinance shall be
6 deposited in the Palm Beach County Pollution Trust Fund or such
7 other place as may be designated by Resolution of the Board of
8 County Commissioners.
9 Section 7. VARIANCE RELIEF
10 7.01 Any person affected by the provisions of this Ordinance
11 may make application to the County Administrator, or his designee,
12 for a variance, if compliance would impose a unique, unnecessary
13 and inequitable hardship on such person. Relief may be granted
14 only upon a demonstration that such hardship is peculiar to the
15 person or the affected property and is not self-imposed, and that
16 the grant of the variance will be consistent with the general
17 intent and purpose of this Ordinance. Any application for variance
18 I or appeal shall be sent by certified mail, return receipt
19 requested.
20 7.02 Upon received an application for variance, the County
21 Administrator, or his designee, shall render a decision on the
22 variance within ten (10) working days. Denials of variance relief
23 may be appealed to the Environmental Ordinance Appeals Board within
24 twenty (20) days of such person's receipt of the notice of denial.
25 7.03 An application for a variance, and/or the granting of a
26 variance, shall operate prospectively, and shall not affect any
27 pending enforcement action against the property owner pursuant to
28 the provisions of this ordinance.
29 Section 8. REPEAL OF LAWS IN CONFLICT
30 8.01 This Ordinance repeals and replaces Ordinance
31 Number 91-52.
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1 8.02 All local laws and ordinances enacted by the Board of
2 County Commissioners of Palm Beach county, applying to the
3 unincorporated and incorporated areas of Palm Beach County in
4 conflict with any provisions of this Ordinance are hereby repealed
5 to the extent of any conflict.
6 Section 9. SEVERABILITY
7 If any section, paragraph, sentence, clause, phrase, or word
8 of this Ordinance is for any reason held by the Court to be
9 unconstitutional, inoperative or void, such holding shall not
10 affect the remainder of this Ordinance.
11 Section 10. INCLUSION IN THE CODE OF LAWS AND ORDINANCES
12 The provision of this Ordinance shall become and be made a
13 part of the code of laws and ordinances of Palm Beach County,
14 Florida. The Sections of this Ordinance may be renumbered or
15 relettered to accomplish such, and the word "ordinance" may be
16 changed to "section, " "article, " or any other appropriate word.
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1 Section 11. EFFECTIVE DATE
2 The provisions of this ordinance shall become effective upon
3 receipt of acknowledgement by the Secretary of State.
4 APROVED AND ADOPTED by the Board of County Commissioners of
5 Palm Beach County, on the 19th day of
6 January , 1993
7 PALM BEACH COUNTY, FLORIDA,
8 BY ITS BO D OF COUNT?. OMMISSIONERS
9 By l •,
10 Clleirm n
11 ATTEST: U •
LERK,�
12 MILTON T. BAUER, CLERK DOROTHY H.'Bo rdotCowl4aILCmmlie's Hers
By
DE? • 1LLeAlo
13
14 By: Deputy Clerk '
15 APPROVED AS TO FORM AND
16 LEGAL S FICIENCY
17 le I ,, .0 1 11
18 COUNTY A TORNk.
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19 Acknowledgement by the Department of State of the State of
20 Florida, on this, the 1st day of February
21 19 93
22 EFFECTIVE DATE: Acknowledgement from the Department of State
23 received on the Sth day of February , 19 93 , at
24 11:31 A•,M. and filed in the Office of the Clerk of
25 the Board of County Commissioners of Palm Beach County, Florida.
STATE OF FI_O�IUA,C31ArtY O:F PALM BEf,CH
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