HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-010 Water Conservation RegulationsTemp. Ordinance # 2502
May 18, 2022
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ORDINANCE NO. 2022- Of C>
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING CHAPTER 22, ARTICLE VIII OF THE
CODE OF ORDINANCES OF THE CITY OF TAMARAC, ENTITLED
"WATER CONSERVATION REGULATIONS", SPECIFICALLY
AMENDING SECTION 22-303 ENTITLED "YEAR-ROUND PERMANENT
LANDSCAPE IRRIGATION MEASURES" TO EXTEND THE SCHEDULE
IN WHICH NO WATER USE RESTRICTIONS ARE IN EFFECT FROM 7.00
AM TO 6.00 PM TO ENSURE THE SAFETY OF OUR RESIDENTS AND
CHILDREN THAT USE THE SIDEWALKS DURING SCHOOL HOURS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law ; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of
Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and
resolutions as may be required for the proper governing of the City ; and
WHEREAS, the City adopted Ordinance No. 0-2001-02, which created Article VIII
"Water Conservation Regulations", the provisions of which were codified in Sections 22-
300 through 22-309, in Chapter 22 of the City's Code of Ordinances ("Ordinance No. 0-
2001-02"); and,
WHEREAS, Ordinance 0-2001-02 authorized the City to implement certain water
conservation measures; and
WHEREAS, to encourage more responsible use of water resources throughout
South Florida, the South Florida Water Management District Governing Board adopted
0
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Mandatory Year -Round Landscape Irrigation Conservation Measures, Chapter 40E-24,
Florida Administrative Code (FAC), in 2010 ("Year -Round Irrigation Rule"); and
WHEREAS, the Year -Round Irrigation Rule restricts the times and number of days
landscape irrigation is allowed within the District's jurisdiction and follows scientifically
sound recommendations for lawn irrigation; and
WHEREAS, all counties and municipalities within the District are required to
update their local irrigation ordinances to comply with the Year -Round Irrigation Rule, and
WHEREAS, on August 26, 2020, the City Commission of the City of Tamarac
updated its local irrigation ordinance by adopting Ordinance 0-2020-009, which amended
and restated Chapter 22, Article VIII in its entirety, implementing procedures to protect
the water resource of the City and further promote water conservation through the efficient
use of landscape irrigation in accordance with South Florida Water Management's
District's Mandatory Year -Round Landscape Irrigation Conservation Measures under
Chapter 40E-24 Florida Administrative Code; and
WHEREAS, Section 22-303 "Year -Round Permanent Landscape Irrigation
Measures" of the Code was updated by the adoption of Ordinance 21-014 in March of
2021 by placing a prohibition on the daily irrigation of property commencing at 7.00 am
and ending at 4.00 pm and;
WHEREAS, further observation by the City's elected officials and Code
Enforcement staff has prompted a response to the potential deterrent of sidewalk usage
posed by landscape irrigation for pedestrians due to active water sprinkling during typical
school zone arrival and dismissal hours; and
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WHEREAS, lawn sprinklers operating during the early morning hours while
children and residents are walking to school or work might present a level of risk and
discourage more children and residents from walking and biking to school; and
WHEREAS, lawn sprinklers operating later in the afternoon after typical school
dismissal and office hours may also present a level of risk and discourage the use of
sidewalks by pedestrians including children and residents who may be walking and biking
from school; and
WHEREAS, the City Commission desires to extend the landscape irrigation daily
prohibition from 7:00 to 4:00 pm to 7:00 am to 6:00 pm to encourage more residents and
students to use the city's sidewalks and provide safe routes for pedestrians along
Tamarac's roadways; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best
interests of the businesses, residents, and visitors of the City of Tamarac to update the
City's Water Conservation Regulations.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA'
Section 1: The foregoing recitals are true and correct and hereby
adopted as the legislative and administrative findings of the City Commission; all exhibits
attached hereto are incorporated herein and made a specific part of this Ordinance.
1/ Additions to existing text are shown by underline, changes to existing text on
second reading are shown by double underline, and deletions are shown as
strikethreugh.
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Section 2: Chapter 22, Article VIII, Section 22-303 of the Code of
Ordinances of the City of Tamarac, entitled "Year -Round Permanent Landscape Irrigation
Measures" is amended to read as follows:
Sec. 22-303. - Year -Round Permanent Landscape Irrigation Measures.
The following requirements or exceptions shall apply to all users,
unless otherwise specified.
(1) Landscape irrigation shall be prohibited daily between the
hours of 7:00 a.m. and 4�9 6:00 p.m., eXGept as pFeyided
below.
(2) Irrigation of existing landscaping shall comply with the
following provisions:
a. Even -Numbered Addresses and rights -of -way, or other
locations without an address, may accomplish
necessary landscape irrigation only on Thursdays,
and/or Sundays.
b. Odd -Numbered Addresses may accomplish necessary
landscape irrigation only on Wednesdays, and/or
Saturdays.
(3) Irrigation of new landscaping shall comply with the following
provisions:
a. New Landscaping may be irrigated once on the day it
is installed without regard to the listed watering days
and times. Irrigation of the soil immediately prior to the
installation of the new landscaping is allowed without
regard to the listed watering days and times.
b. A ninety (90) day establishment period begins on the
day new landscaping is installed. The new landscaping
shall be installed within a reasonable time from the date
of purchase, which may be demonstrated with a dated
receipt or invoice.
C. Irrigation of new landscaping which has been in place
for thirty (30) days or less may be accomplished on
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Monday, Tuesday, Wednesday, Thursday, Saturday,
and/or Sunday.
d. Irrigation of new landscaping which has been in place
for thirty-one (31) to ninety (90) days may be
accomplished on Monday, Wednesday, Thursday,
and/or Saturday.
e. Irrigation of the new landscaping is limited to areas
containing only the new landscaping. An entire zone of
an irrigation system shall only be utilized for landscape
irrigation under this Code if the zone in question is for
an area that contains at least fifty percent (50%) new
landscaping. If a zone contains less than fifty percent
(50%) new landscaping, or if the new landscaping is in
an area that will not typically be irrigated by an irrigation
system, only the individual new plantings are eligible
for additional irrigation. Targeted watering may be
accomplished by low volume hand watering, or any
appropriate method which isolates and waters only the
new landscaping.
(4) Irrigation systems may be operated outside restricted days
and/or times for cleaning, maintenance, and repair with an
attendant on -site in the area being tested. Landscape
irrigation systems may routinely be operated for such
purposes no more than once per week, and the run time for
any one (1) test should not exceed ten (10) minutes per zone.
(5) Landscape irrigation for the purpose of watering -in fertilizers,
insecticides, pesticides, fungicides, and herbicides, where
such watering -in is required by the manufacturer, or by
federal, state, or local law, shall be allowed under the following
conditions:
a. Such watering -in shall be limited to one (1) application
in the absence of specific alternative instructions from
the manufacturer; and
b. Such watering -in shall be accomplished during normal
watering days and times listed above unless a
professional licensed applicator has posted a
temporary sign containing the date of application and
the date(s) of needed watering -in activity.
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(6) Any plant material may be watered using low volume
irrigation, micro -irrigation, low volume hand watering
methods, rain barrels, cisterns, or other similar rain -harvesting
devices without regard to the listed watering days or times.
(7) In addition to the specific listed measures, all wasteful and
unnecessary water use is prohibited.
(8) In the event the District imposes restrictions on landscape
irrigation for new and existing installations which are more
restrictive than those imposed by this Code, such as under
the declaration of a water shortage or water shortage
emergency, the more restrictive regulations shall apply for the
applicable duration of the more restrictive regulations.
(9) It shall be the duty of each user to keep informed as to the
landscape irrigation conservation measures within this Code,
which affect each pa#isUIar water use.
Section 3: The provisions of this Ordinance shall be codified and become
and be made part of the City of Tamarac Code of Ordinances. The Sections of this
Ordinance may be renumbered or re -lettered to accomplish such intent and the word
"Ordinance", or similar words, may be changed to "Section", "Article", or other appropriate
word. The Code codifier is granted liberal authority to codify the provisions of this
Ordinance.
Section 4: The City Manager, or designee, shall have the power and
authority to implement the provisions of this Ordinance by taking the appropriate actions
to include, but not limited to, the promulgation of appropriate administrative rules and
forms.
Section 5: To the extent of any conflict between any other City
regulations and ordinances and this Ordinance, this Ordinance shall be deemed to
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control. Provided, however, that this Ordinance is not intended to amend or repeal any
existing chapter or regulation, unless expressly set forth in this Ordinance.
Section 6: If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portion hereof.
Section 7: This Ordinance shall become effective immediately upon
adoption.
"The remainder of this page is left blank intentionally"
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PASSED, FIRST READING this 5f(" day of ��-t-�� , 2022.
PASSED, SECOND READING this day of ���6 , 2022.
MIC ELLS J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR GOMEZ
DIST 1:
COMM BOLTON
DIST 2:
VM GELIN
DIST 3:
COMM VILLALOBOS
DIST 4:
COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: VM GELIN
DIST 3: COMM VILLALOBOS
DIST 4: COMM. PLACKO_
ATTEST:
KIMBERLY)DILLON, CMC
ACTING CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THE,CITY OF TAMARAC QNLY:
JOH R—ff RIM, JR.
CITY ATTORNEY
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