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Ordinance 85-10'" m ¢~DINANCE NO. 85-10 AN EMERGENCY ORDINANCE OF COLLI~,.~OUNTY, FLORIDA, PROVIDIN~ FOR ~OCA~ ~~ENT OF WATER MANAGEMENT DISTRICT~5~IbI~ D~FINITIONS; ~ROVIDING FOB APPLICATION OF O~IN~C~; ~ROVIDING THAT CHAPTER 40E-2~, SHORTAGE OR WATER PROVIDING fOR WATER USERS TO ACCEPT PROVI- SIONS OF THIS O~INANC~; PROVIDING FOR REP~ O~ O~INANC~ NOS. 77-~, 77-19, AND ~4-35; PROVIDING ~OR S~VZ~BILITY; PROVIDING FOR D~C~TION OF E~RGENCY; PROVIDING FOR INCLUSION IN CODE; ~D PROVIDING FOR AN ~F~ECTIV~ DAT~. WHEREAS, from time to time a water shortage may arise affecting Collier County; and WHEREAS, durin~ such water shortage condition the amount of ~urface and ground water supplies may become perilously low and inlufficient to meet current or anticipated demands; and WHEREAS, upon the existence of such conditions it becomes imperative to the public well being that certain uses o:' water be restricted or curtailed, and that available water resources be allocated; and WHEREAS, the South Florida Water Management District has primary relponsibility under Chapter 373, Florida Statutes, for regulating water uae and allocating available water suppliel during periods of water shortage; and WHEREAS, a water shortage or water shortage emergency may be declared by the South Florida Water Management District from time to time; and WHEREAS, the South Florida Water Management District has adopted a "Water Shortage Plan" for the purpose of allocating and conserving the water resources during a water shortage or water shortage emergency, and maintaining a uniform approach towards water use restrictions during such periods~ and WI{EREAS, the South Florida Water Management District has requested the assistance of Collier County in the enforcement the provisions of the "Water Shortage Plan"; and ~'; WI{EREAS, it is the deliro of the Board of County Commissioners of Collier County to provide the South Florida Water Management District with all possible assistance in the enforcement of the provisions of the "Water Shortage Plan" during a water lhortage or water shortage emergency! and WHEREAS, section 373.609, Florida Statutes, provides that it shall be the duty of county governmental and law enforcement officials to assist the South Florida Water Management District in the enforcement of Chapter ]73, Florida Statutes, and any rules adopted thereunder, upon request by the South Florida Water Management District. NOW, THEREFORE, BE IT O~DAINED BY THE BOARD OF COUNTY COMRISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. DEFINITIONS. 1.01 For the purpose of this Ordinance the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the presen~ tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. "District" is the South Florida Water Management District. (b~ (c) (e) "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind. "Water resource"means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground. "Water shortage" is when sufficient water iS not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious h,rm. A water shortage usually occurs due to drought. "Water shortage emergency" means that situation when the powers which can be exercised under part II of chapter 40E-21 are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. OiO,5.: 34Z Section 2. APPLICATION OF ORDINANCE. 2.01 This ordinance shall be in full force and effect countywide. The provisions of this ordinance shall apply to all persons using the water resource, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This ordinance shall not apply to persons using treated effluent or saltwater. Thie ordinance shall apply to all such persons using the water resource within the geographical ares subject to the water shortage or water shortage emergency as determined by the District. Section 3. C~{APTER 40E-2]. FLORIDA ADMINISTRATIVE CODE MADE PART bF T]~S O~bINANCE. 3.01 Chapter 40E-21, Florida Administrative Code, as same m~y be ~m~n~d from time to time, is incorporated herein by reference as a part of this Ordinance. Section 4. DECLARATION OF WATER S}{ORTAGEl WATER S]{ORTAGE EMERGENCY. 4.01 The declaration of a water shortage or water shortage emergency within all or any part of Collier County by the Governing Board or the Executive Director of the District she1! invoke the provisions of this Ordinance. The District shall determine the appropriate phase of water shortage or water shortage emergency and the duration of the water shortage or water shortage emergency. Upon such declaration, all water use restrictions or other measures contained in Chapter 40E-21, Florida Administrative Code,~which Chapter constitutes the Water Shortage Plan, shall be subject to enforcement action pursuant to sections 5 and 6 of this Ordinance. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code as same may be amended from time to time, or any order issued pursuant thereto, shall be a violation of this Ordinance. S~ction 5. ENFORCEMENT. 5.01 Every police officer or sheriff of the County or Cities in the service areas governed by this Ordinanoe shall, in connection with all other duties imposed by law, diligently enforce the provi~fons of this Ordinance. In addition, the County Manager may also delegate enforcement responsibility for th~s Ordinance to agencies and departments of county government, accordance with state and local law. Section 6. PENALTIES. 6.01 Violation of 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 of this Ordinance shall constitute a separate offense. The County, in addition to the criminal sanc- tions 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 7. WATER USERS TO ACCEPT PROVISIONS OF ORDINANCE. 7.01 No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this Ordinance. The acceptance of water service shall be in itself th, acceptanc, of the provisions thereof. Section 8. ORDINANCES REPEALED. 8.01 Ordinance Nos. 77-9, 77-19, and 84-35 are hereby repealed. Section 9. SEVERABILITY. 9.01 If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent Jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 10. DECLARATION OF EMERGENCY. 10.01 The 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 the membership of the Board does hereby waive notice of intent to consider this Ordinance. A certified copy of thie 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 ie practicable by de~ositing the same with the postal authorities of the government o~ the United States for special delivery by registered mail, postage prepaid, to the Florida Department of Section 11. INCLUSION IN CODE. 11.01 It is the intention of the Board of County Com~lssioners that the provisions of this Ordinance shall become and be made a part of the Collier County Code! and that the sections of this Ordinance may be renumbered or relettered end the word "ordinance' may be changed to "section', "article', or such other appropriate word or phrase in ordcr to accomplish such intentions. Section 12. EFFECTIVE PATE. ]~.01 This Ordinance shall become effective as provided by law. PASSED AND DULY ADOPTED by the Board o! County Commissioners of Collier County, Florida, this 14thday of March , 198}_.. DATEDz March 14, 1985 .' ....' ; '..~.:, , .. ,. : . /.,' &~f~ &' - % ~ ' A~proved {~ to form and ColIter County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FREDERIg~K ~J.'VOSS, Chairman ! ST~T~ OF FLORIDA COLnn'Y OF COLL~ I, WILLIAI~ J. REAOJ~, Clerk of Courts in and for the g~entieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ii a true copy ofl ORDINANCE 85-10 which was adopted via emergency procedure by the Board of County Conaissioners during Emergency Session on the 14th day of I~arch, 1985. WITNESS ny hand and tbs official seal of the Board of County Conniisioners of Collier County, Florida, this 14th day of ~arch, 1985. WlLLIAH J. RF. AOAN Clerk of Courts and'..dl'~' wx-officio ~o ~ard of , /~, County Conniail~irl ". ~ v~inia '~r.l, ~. ..'.~ Deputy Clip'S'-- '......',~ ' ' iPs" ,',,,"