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