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Ordinance 89-080 ORDINANCE NO. GOVERNING THE USE OF SYST~ FOR ~ SPRI~ ~D~ CONDITIONS, ON ~CO IS~D; A~OP. IZING ~ ~AG~ TO IMPLanT SAID REG~TIONS; PROVIDING FOR P~ALTIES ~D ~FORC~; PROVIDING FOR BOARD APPROVAL; PROVIDING FOR APPROVAL TO RESCIND SAID REGU~TIONS~ PROVIDING FOR A V~I~CE PROCED~E~ PROVIDING FOR CONFLI~ ~D ~S, from time to time, operational conditions may the ability of Marco Island Utilities to supply potable water to the Marco Island Water system; and WHEREAS, a deficiency in normal rainfall can cause increased demands on ~he Marco Island Water System which may exceed its designated capacities; and WHEREAS, these increased demands or operational conditions may cause water pressures lower than required by D.E.R. regulations in all or portions of the Marco Island Water System~ and WHEREAS, these reductions in system pressure may pose a threat to the health, safety, and welfare of the citizens of Marco Island~ and WHEREAS, potential threats to adequate water pressure occur in relatively sho~c time periods, requiring immediate action to protec~ the public health and prevent damage to Marco Island Utilities facilities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Section One: The following regulations are hereby established governing the use of potable water for lawn sprinkling from the Marco Island water system during emergency condi~ions on Marco Island. ~ese regulations may be applied to any one,'all, or any portion of the designated area. Dependent upon the nature of the emergency, the Board of County Commissioners, or their designee, may enact Phase I, Phase II, Phase III or Phase IV water restrictions as The Board of County Commissioners hereby authorizes the County Managsr~ or his designse~ ~o i~p~easnt sa~d regu~ations whenever the County ~anager has rsca~vad a wr£t~en ~otica and request from the Marco Island Utilities' staff which indicates that because of natural or operational conditions, the Marco Island Water facilities are inadequ~te to meet system demands. The County Manager, or his designee, may temporarily impose said regulations without approval from the Board of County Commissioners, if it is determined that time restraints required for Board approval would cause an undue risk to the residents and/or water facilities on Marco Island. The County Manager, or his designee, is required to obtain approval from the Board of County Commissioners at the first available regularly scheduled' session, or special session, to maintain enforcement of said regulations. At the conclusion of the emergen.-y, the County Manager, or his designee, shall rescind said regulations, unless otherwise directed by the Board of County Commissioners. The Regulations are established in accordance with the regulations adopted by the South Florida Water Management -and outlined below. WATER SHORTAGE RESTRICTIONS URBAN IRRIGATION PHASE I Moderate Shortage (Yellow) PHASE II Severe Shortage (Orange) 'PHASE III Extreme Shortage (Red) LANDSCAPE IRRIGATION EXISTING INSTALLATIONS Under 5 acres-4 a.m. 8 a.m., Mort., Wed., & Sat. for odd house addresses & Tues., Thurs., Sun. for even house addresses or locations with no address. 5 acres or over - Same as under 5 acres except hrs. limited to 12:01 a.m. - 8 a.m. UndgF 5 acres -4. a.m.18 a.m. on Wed. & Sat. for odd house addresses; Thurs. & Sun. for even house addresses and location=-~ith no address-. ...... ; 5 acres or over - Same as under 5 acres, except hours limited to 12:01 a.m. - 8 a.m. Under 5 acres - 4 a.m. - 7 a.m. on Sat. for odd house adflresses; Sun. for even addresses and locations with no address 5 acres or over - Same as under 5 acres except hours limited to 12=01 a.m. to 7 a.m. PHASE IV Critical Shortage (Purple) Under 5 acres - 6 a.m. to 7 a.m. on Sat. for.gdd house addresses and Sun. for-even house addresses and locations with no addresses. 5 acres or over - Same as under 5 acres except hours limited to 4 a.m. to 7 a.m. Section Two: PENALTIES AND ENFORCEMENT. Violation of or failure to comply with any provision of this Ordinance, or the Regulation established in this Ordinance, shall be subject to the following penalties: First Violation $25.00 Fine Second and subsequent violations Fine not to exceed $500 and/or imprisonment in the County Jail not to exceed 60 days Each day of violation or failure to comply with any provision of this Ordinance shall constitute a separate offense. The County, in addition to the criminal sanctions contained herein, may take, but not obligated to seek, other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this Ordinance. Section Three: VARIANCE PROCEDURE. Under extraordinary conditions the Board of County Commissioners, or their designee, may grant a variance to the regulations adopted in Section One. be submitted by the affected utility in writing to the County Manager. Requests for variance may be granted when the utility provides a written statement accompanying the variance request which indicates that operational condi~ions ~xist wherein the utility cannot meet system demands. Any request for variance granted by the County Manager as a r~ult of time re~train~ required for Board approval shall require Board approval at the first regularly scheduled session or special session to maintain enforcement. Any request for variance must Section Four~ CONFLICT AND SEVERABILITY In ~]e event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phase or portion of this Ordinance is held invalid or unconstitutional hy any court: of competent Jurisdiction, such portion shall be deemed a separate, disttnc~ and independent provision and such holding shall not affec~ the validity of the remaining portion. Section Five: DECLARATION OF EMERGENCY This Board does hereby declare that an emergency exists and that Immediate enactment of this ordinance is necessary, and by no less than four-fifths (4/Sths) vote of tho membership of the Board does hereby waive notice of intent to consider this ordinance. Section Six: EFFECTIVE DATE A certified copy of this ordinance, as enacted, shall be filed by the Clerk of the Board with the Department of State of' the State of Florida, as soon after enactment as is practicable by depositing the same with the postal authoritie~ of the government ' of the United States for special delivery by r~gistered nail, postage prepaid, to the Florida Department of State. This ordinance shall become effective as provided in Section of Collier County, 1989. 125.66(3), Florida Statutes. PASSED A~D DULY ADOPTED by the Board of County Commissioners Florida, thi. /~ day of~~ , DATED:.;.J~ BOARD OF COUNTY CO.~WISSIONERS JAHE$ .C' G~LES, CLERK ~...~ STATE OF FLORIDA COUNTy, OF COL~IE~ ) I, JA~ES C. GILES, Clerk of Courts tn and for the Twentieth Judicial Circuit, Collier County, Florida, do certify that the foregoing is a true coI~ of: Ordinance No. 89-80 which was adopted by the Board of County Commissioners on the 14th day of November, 1989, during Regular Session, via · mergenc¥ Procedures. ., ~T/~SS my hand and the official seal of the Board of County Commissioners of Co~llier County, Florida, this 20th ;!.:'dey of November, 1989. SA~S C. ~ILES Clerk of Courts and Clerk Ex-officio to Board of County C~ ~aureen Kenyon Deputy Clerk