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Ordinance 87-029 ORDINANCE NO. 87- 29 Go AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO 87-28 WHICH ESTABLISHED REGULATIONS GOVERNIN~ THE USE OF THE COLLIER COUNTY WATER SYSTEM FOR LAWN SPRINKLING; AMENDING SECTION ONE, REGULATIONS, TO PROVIDE THAT THE REGULATIONS ARE ESTABLISHED WITHIN A DESIGNATED PORTION O THE UNINCORPORATED AREA OF COLLIER COUNTY AND~ ARE IMPLEMENTED WITHIN SAID PORTION OF THE UNINCORPORATED AREA; DECLARING THE EXISTENCE OF AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intent of the Board of County Commissioners of Collier County, Florida, that regulations governing the use of the Collier County water system for lawn sprinkling would be applicable to a designated portion of the unincorporated area of Collier County; and WHEREAS, said portion of the unincorporated area of Collier County is designated on the map attached hereto as Exhibit "A"; and W/{EREAS, the Board finds that because of natural or operational conditions the County's water facilities are inadequate to meet demands and that such finding may affect the health, safety, welfare or comfort of the citizens of Collier County; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Section One: Collier County Ordinance No. 87-28~ .REGULATIONS~ shall be amended to read as follows: The following Regulations are hereby established governing the use of potable water from the Collier County water system for lawn sprinkling within that portion of the unincorporated area of Collier County which is designated on the map attached hereto as Exhibit "A" and incorporated herein. Said Regulations are hereby imposed in any and all areas or portions thereof which are supplied water by Collier County and are located within the boundary designated on Exhibit "A" attached hereto. Words underlined are added; Words st=uek-eh~u~h are deleted. 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-n~bered 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-n~bered addresses. 3. Lawn sprinkling on more than five (5) acres shall only be pe~itted between the hours of 12:01 A.M. and 8:00 A.M. on the following days: (a) on Tuesday, Thursday and Sun~ay for locations with even- n~bered addresses and at locations .without addresses~ (b) on Monday, Wednesday and Saturday for locations with odd-n~ered addresses. Section Two: 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 Words underlined are added; Words se~ek-~h~ough are deleted. 2 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 Board does hereby waive notice of intent to consider this Ordinance. 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 ~h day of May, 1987. ..~,~,,~ ~. ...... ~,?, ', ~kTTEST: ~S' ~~,~lerk ~pproved a~ to form and legal sufficiency: ~enneth B. Cdyle~ - Collier County ~torney BOARD OF COUNTY COMMISSIONERS COLLI~~C ~ TY , FLORID~L~~ MAX A. HASSE, JR. Chairman This ordinance filed with th,. Secretary of._~tate's and ack~wl~dge~ thai Words underlined are added; Words se~ek-~hrough are deleted. 3 \ ~ENTRAL PLES " -- RESTRICTED WATER USE AREAS FAKAPALM Exhibit "A" ON STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES 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 87-29 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 and Clerk Ex-officio to Board of C~C un/~.Commi s s ioners .~.'. Deputy Cl~rk ~'.t ~. "-~.' '~ "2.' -