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Ordinance 87-028 ORDINANCE NO. 87- 28 AN EMERGENCY ORDINANCE ESTABLISHING REGULATIO~ GOVERNING THE USE OF THE COLLIER COUNTY WATER~ ~ SYSTEM FOR LAWN SPRINKLING WITHIN THE UNINCO~ ~ PORATED AREAS OF COLLIER COUNTY; AUTHORIZING THE COUNTY MANAGER TO IMPLEMENT SAID REGULATIONS;,~ ~.~ PROVIDING FOR PENALTIES AND ENFORCEMENT; DECLARING~ THE EXISTENCE OF AN EMERGENCY AND PROVIDING ~ EFFECTIVE DATE WHEREAS, due to a lack of recent rainfall there is an increased demand on the Collier County water system; and WHEREAS, the increased demand is causing water press~re loss throughout the County's water system which potentially threatens the health, safety and welfare of the citizens of Collier County; and · WHEREAS, at. the present time and from time to time, operational problems limit the ability of the County to supply potable water to meet the demands on the water system; and WHEREAS, an emergency situation exists; NOW, THEREFORE 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 from the Collier County water system for lawn sprinkling within the unincorporated areas of Collier County. The County Manager is authorized to implement said Regulations whenever he has received notice from the Board of County Commissioners that because of .natural or operational conditions, the County's water facilities are inadequate to meet demands, predicated upon a finding that said inadequate facili- ties may affect the health, safety, welfare or comfort of the citizens of Collier County. Said Regulations may be imposed in all areas or portions thereof supplied water by Collier County. Regulations: 1. 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 Tuesday, 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 permitted 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. Section T%;o: PENALTIES AND ENFORCEMENT. Violation of or failure to comply with any provision of this Ordinance shall be subject to the following penalties: First violation Second and subsequent violations $25.00 Fine 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 any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this Ordinance. Section Three: DECLARATION OF EMERGENCY; EFFECTIVE DATE. 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 (4/5ths) vote of the membership of the hereby waive notice of intent to consider this Board does Ordinance. 2 :ATTEST: ~ J?MES C./,~IL~,.' Cl~rk ~.:"~ pp r~qy~q ~'a. s ,~:o Iorm ~n~ leg~ff£ciency: Assistant County Attorney 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 authorities of the govern- ment of the United States for special delivery by registered mail, postage prepaid, to the Florida Department of State. This Ordinance shall become effective as provided in Section 125.66(3), Florida Statutes.. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _5~h_ day of May, 1987. BOARD OF COUNTY COMMISSIONERS COLLI~TY, FLORIDA MAX A.-HASSE, JR. Chapman' This ordinance filed with the .tary of State's Office_ ~.h~,_ and ~le~e~eolof ~ 3 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, J;%MES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE 87-28 which was adopted by the Board of County Commissioners on the 5th day of May, 1987 during Regular Session via emergency procedure. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 6th day of May, 1987. JAMES C. GILES Clerk of Courts Ex-officio to Boa~d~O~J;~/~ Deputy Ci~ · '.. ~,, '-..:~'.... ,.~ ~. .~ .~ ,. :~ · .... · ~,..~ ...~ ......;,....?,'..,