Ordinance 88-034ORDINANCE NO. 88-
AN ORDINANCE ESTABLISHING REGULATIONS GOVERNING THE
USE OF THE COLLIER COUNTY WATER SYSTEM FOR LAWN SPRINKLING
~4DER EMERGENCY CONDITIONS, WITHIN THE UNINCORPORATED
AREAS OF COLLIER COUNTY, AUTHORIZING THE COUNTY
~ANAGER TO IMPLEMENT SAID REGULATIONS, PROVIDING FOR
~ENALTtES AND ENFORCEMENT, PROVIDING FOR BOARD
~PPR~L, PROVIDING FOR APPROVAL TO RESCIND SAID
~EGU~T!ONS, REPEALING ORDINANCE NOS. 87-28, 87-29, WHICH
~EL~ TO LAWN SPRINKLING UNDER EMERGENCY CONDITIONS;
PROV-~Di~NG AN EFFECTIVE DATE.
~ERE~K~ from time to time, operational conditions may
limit~he ability of the County to supply potable water to the
County Water system, and
WHEREAS, a deficiency in normal rainfall causes increased
demands on the County Water System which may exceed its
designated capacity, 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 County Water System, and
WHEREAS, these reductions in system pressure may pose a
threat to the health, safety, and welfare of the citizens of
Collier County, and
WHEREAS, potential threats may occur in relatively short
time periods, requiring immediate action to protect the public
health and prevent damage to County facilities.
NOW, THE~iEFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
Section One: REGULATIONS.
The following regulations are hereby established governing
the use of potable water for lawn sprinkling from the County
water system during emergency conditions within the
unincorporated areas of Collier County. As there are separate
areas which are supplied through separate facilities and water
sources, these regulations may be applied to any one, all or
any portion of the designated areas, dependent upon the nature
of the emergency. These regulations may also be applied to the
Pe~,~.~.$~][~ovement District as provided for in Article~..II,
Section 2.3 of the County-Pelican Bay Water Service Agreement.
The Board of County Commissioners hereby authorizes the
County Manager, or his designee, to implement said regulations
whenever the County Manager has received notice from staff that
'because of natural or operational conditions, the County Water
facilities are inadequate to meet system demands, which may
affect the health, safety or welfare of the citizens of Collier
County. The County Manager, or his designee, may 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 50 the
residents or Water facilities of Collier County. The County
Manager, or his designee, is required to seek 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 emergency, the
County Manager, or his designee, shall rescind said
regulations, unless otherwise directed by the Board of County
Commissioners.
The Regulations are established as follows:
].. Lawn sprinkling on five (5) acres or less shall only
be permitted between the hours of 4:00 A.M. and 8:00 A.M. on
~h/esday, Thursday, and Sunday at locations with even-numbered
addresses and at locations without addresses.
2. Lawn sprinkling on five (5) acres or less shall only
be ~ermitted between the hours of 4:00 A.M. and 8:00 A.M. on
Monday, Wednesday and Saturday at locations with odd-numbered
addresses.
3. Lawn sprinkling on more than five (5) acres shall only
be permitted between the hours of 12:01 A.M. and 8:00 A.M. on
the following days:
(a) on Tuesday, Thursday and Sunday for locations with
even-numbered addresses and at locations without addresses;
(b) on Monday, Wednesday and Saturday for locations with
odd-numbered addresses.
-2-
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 Fine not to exceed
violations $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 any other appropriate legal action, including but not
limited to emergency injunctive action, to enforce the
provisions of this Ordinance.
Section Three: REPEAL OF ORDINANCES 87-28, 87-29
Ordinances 87-28, 87-29 which related to Lawn Sprinkling
under emergency conditions are hereby repealed.
Section Four: EFFECTIVE DATE
This Ordinance shall become effective as provided in
Section 125.66(2), Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this~f'~-'-'~ay of
DA~D:~~~/~;~' BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
$ ~TTESTL ?;.,
'%?.':'Approved as to form and
· Sec_reta~ of ~tate'sOfflce tbn/ '
Bruce A der on -
Assistant County Attorney
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier C~unty, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 88-34
which was adopted by the Board of County Commissioners on the
29th day of March, 1988, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of March, 1988,
JAMES C. GILES
Clerk of Courts and Clerk '
Ex-officio.to Board of
County Commissioners ..~:' .
By: Virginia Magri
Deputy Clerk
030