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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-010 Water Conservation RegulationsTemp. Ordinance # 2502 May 18, 2022 Page 1 of 2 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 134646461.1 Temp. Ordinance # 2502 May 18, 2022 Page 2 of 2 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 134646461.1 Temp. Ordinance # 2502 May 18, 2022 Page 3 of 2 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. 134646461.1 Temp. Ordinance # 2502 May 18, 2022 Page 4 of 2 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 134646461.1 Temp. Ordinance # 2502 May 18, 2022 Page 5 of 2 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. 134646461.1 Temp. Ordinance # 2502 May 18, 2022 Page 6 of 2 (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 134646461.1 Temp. Ordinance # 2502 May 18, 2022 Page 7 of 2 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" 134646461.1 Temp. Ordinance # 2502 May 18, 2022 Page 8 of 2 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 134646461.1