HomeMy WebLinkAboutCity of Tamarac Ordinance O-2020-009 Temp. Ordinance # 2433
June 24, 2020
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2020-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, AMENDING AND RESTATING
CHAPTER 22, ARTICLE VIII OF THE CODE OF ORDINANCES
OF THE CITY OF TAMARAC, ENTITLED "WATER
CONSERVATION REGULATIONS", IN ITS ENTIRETY;
AUTHORIZING THE CITY TO IMPLEMENT PROCEDURES TO
PROTECT THE WATER RESOURCES OF THE CITY OF
TAMARAC AND TO PROMOTE WATER CONSERVATION
THROUGH THE EFFICIENT USE OF LANDSCAPE
IRRIGATION AND CONSISTENCY WITH THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT'S (DISTRICT)
MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION
CONSERVATION MEASURES UNDER CHAPTER 40E-24,
FLORIDA ADMINISTRATIVE CODE, (F.A.C.); PROVIDING FOR
DEFINITIONS; AUTHORIZING CITY ADMINISTRATION TO
TAKE ALL STEPS NECESSARY TO IMPLEMENT AND
OPERATE THE ENFORCEMENT PROGRAM PURSUANT TO
THE REQUIREMENTS OF STATE LAW; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac 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
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Governing Board adopted the Mandatory Year-Round Landscape Irrigation
Conservation Measures (Year-Round Irrigation Rule), Chapter 40E-24, Florida
Administrative Code (FAC), in 2010; and
WHEREAS, the 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 be in compliance with the District's
Year-Round Irrigation Rule; and
WHEREAS, the City Commission of the City of Tamarac finds that
implementation of the Year-Round Irrigation Conservation Measures will
encourage more responsible use of water resources within the City of Tamarac;
and
WHEREAS, the City Commission desires to implement the water
conservation measures set forth; now, therefore
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
Section 1. Legislative Findings and Intent. The City Commission of
the City of Tamarac hereby adopts and incorporates into this Ordinance the
recitals (whereas clauses) to this Ordinance and the City staff reports relating
to this Ordinance as the legislative findings and intents of the City Commission.
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Section 2. Chapter 22, Article VIII of the Code of Ordinances of the
City of Tamarac, entitled 'WATER CONSERVATION REGULATIONS", shall be
amended and restated to read as follows
ARTICLE VIII. —WATER CONSERVATION REGULATIONS
Year-round landscape irrigation measures; variances; enforcement;
penalties.
Sec. 22-300. - Intent and purpose.
It is the intent and purpose of this article to implement procedures to
protect the water resources of the City of Tamarac and to promote water
conservation through efficient use of landscape irrigation and consistency with
the South Florida Water Management District's (District) mandatory year-round
landscape irrigation conservation measures under Chapter 40E-24, Florida
Administrative Code, (F.A.C.). This Code will increase water use efficiency;
prevent and curtail wasteful irrigation practices by providing mandatory
landscape irrigation conservation measures; and prohibit the operation of
irrigation systems in a manner causing water to be wasted.
Sec. 22-301. - Definitions.
For the purpose of this article, the following terms, phrases, words and
their derivatives shall have the meaning given herein. When not inconsistent
with the context, words used in the present 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.
Address means the "house number" (a numeric or alphanumeric
designation) that, together with the street name, describes the physical location
of a specific property. This includes "rural route" numbers, but excludes post
office box numbers. If a lot number in a mobile home park or similar community
is used by the U.S. Postal Service to determine a delivery location, the lot
number shall be the property's address. If a lot number in a mobile home park
or similar residential community is not used by the U.S. Postal Service (e.g., the
park manager sorts incoming mail delivered to the community's address), then
the community's main address shall be theproperty's address. If a property has
no address, it shall be considered "even-numbered."
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Athletic Play Area means all golf course fairways, tees, roughs, greens,
and other athletic play surfaces; including, football, baseball, soccer, polo,
tennis, lawn bowling fields, and rodeo, equestrian and livestock arenas.
Consumptive Use Permit (CUP) means a permit issued pursuant to
Chapter 40E-2, F.A.C., authorizing the consumptive use of water.
District is means the South Florida Water Management District.
Even-Numbered Address means an address ending in the number 0, 2,
4, 6 or 8; rights-of-way or other locations with no address; or the letters A-M.
Existing Landscaping means any landscaping which has been planted in
the ground for more than ninety (90) days.
Landscaping means shrubbery, trees, lawns,sod, grass, ground covers,
plants, vines, ornamental gardens, and such other flora not intended for resale,
which are situated in such diverse locations as residential landscapes,
recreation areas, cemeteries, publics commercial, and industrial establishments,
public medians, and rights-of-way, except athletic play areas.
Landscape Irrigation means the outside watering of shrubbery, trees,
lawns, sod, grass, ground covers, plants, vines ornamental gardens, and such
other flora not intended for resale, which are planted and are situated in such
diverse locations as residential landscapes, recreation areas, cemeteries,
public, commercial, and industrial establishments, public medians, and rights-
of-way, except athletic play areas.
Law Enforcement Official(s) means Every code enforcement officer,
police officer or sheriff having jurisdiction in the area governed by this article
shall, in connection with all other duties imposed bylaw, diligently enforce the
provisions of this article. In addition, the city manager may also delegate
enforcement responsibility for this article to departments of the City of Tamarac
government in accordance with state and local law.
Low Volume Hand Watering means the watering of landscape by one (1)
person, with one (1) hose, fitted with a self-canceling or automatic shutoff
nozzle.
Low Volume Irrigation means the use of equipment and devices
specifically designed to allow the volume of water delivered to be limited to a
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level consistent with the water requirement of the plant being irrigated, and to
allow that water to be placed with a high degree of efficiency in the root zone of
the plant. The term also includes water used in mist houses and similar
establishments for plant propagation. Overhead irrigation and flood irrigation
are not included.
Micro-irrigation means the application of small quantities of water on or
below the soil surface as drops or tiny streams of spray through emitter or
applicators placed along a water delivery line. Micro-irrigation includes a
number of methods or concepts such as bubbler, drip, trickle, mist or micro-
spray, and subsurface irrigation.
New Landscaping means any landscaping which has been planted and
established for ninety (90) days or less.
Odd-Numbered Address means an address ending in the number 1, 3,
5, 7 or 9; or the letters N-Z.
Reclaimed Water means wastewater that has received at least
secondary treatment, and basic disinfection and is reused after flowing out of a
wastewater treatment facility as defined by Rule 62-40.210, F.A.C.
User means any person, individual, firm, association, organization,
partnership, business trust, corporation, company, agent, employee or other
legal entity, whether natural or artificial, the United States of America, and the
State and all political subdivisions, regions, districts, municipalities, and public
agencies thereof, which directly or indirectly takes water from the water
resource, including uses from private or public utility systems, uses under water
use permits issued pursuant to Chapter 40E-2, F.A.C., or uses from individual
wells or pumps.
Wasteful and unnecessary means allowing water to be dispersed without
any practical purpose to the water use; for example, excessive landscape
irrigation, leaving an unattended hose on a driveway with water flowing, allowing
water to be dispersed in a grossly inefficient manner, regardless of the type of
water use; for example, allowing landscape irrigation water to unnecessarily fall
onto pavement, sidewalks and other impervious surfaces; or allowing water flow
through a broken or malfunctioning water delivery or landscape irrigation
system.
Person is any person, firm, partnership-, association, corporation,
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Restaurant means a building or r
and where food is prepared and served for pay for consumption on the
premises.
Water resource means any and all water on or beneath the surface of
the ground, including natural or artificial watercourses, lakes, ponds, or diffused
surface water, and water percolating, standing, or slowing beneath the surface
of the ground.
Water shortage is means when the District determines there is the
possibility that insufficient water is not will be available to meet present or
anticipated needs of per
sons using the water resource the users, or when
conditions are such as to require temporary reduction in total water usage use
within a particular area to protect the water resources from serious harm. A
water shortage usually occurs due to drought.
Water shortage emergency means when the District determines the
provisions listed
in Part II of Chapter 40E-21. Florida Administrative Code, 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 beneficial uses.
Sec. 22-302. - Application of article.
The provisions of this article shall apply to each user providing landscape
irrigation from all water resources within the boundaries of the City of Tamarac.
The provisions of this Article shall not apply to athletic play areas or agricultural
operations (including nurseries), and irrigation accomplished using reclaimed
water or saltwater. all persons uking the water resource within the geographical
areas subject to the "water shortage" or "water shortage emergency," as
systems, private wells, or private connections with surface water bodies. This
article shall not apply to athletic play areas or agricultural operations (including
nurseries), and irrigation accomplished using reclaimed water persons „sing
treated effluent or saltwater.
Declaration of a water shortage condition and/or water shortage emergency
within all or parts of the City of Tamarac by the District's Governing Board or
Executive Directors pursuant to Chapter 40E-21, F.A.C., shall supersede this
Code for the duration of the applicable declaration,
Such a declaration would apply to all users using the water resource within the
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Words in underscore type are additions.
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geographical areas subject to a water shortage or water shortage emergency,
as determined by the District, whether from public or privately-owned water
utility systems, private wells or private connections with surface water bodies,
but shall not apply to users using reclaimed water or saltwater.
Sec. 22-303. - Year-Round Permanent
Landscape Irrigation Measures.
Chapter 4 - rich dministratiye Code as it may be amm'r ended
from time to time, is incorporated herein by referensc as a part of the City of
Tama ode
The following requirements or exceptions shall apply to all users, unless
otherwise specified.
(1) Landscape irrigation shall be prohibited daily between the hours of 10:00
a.m. and 4:00 p.m., except as provided 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 Monday, Tuesday,
Wednesday, Thursday, Saturday, and/or Sunday.
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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.
(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.
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Words in underscore type are additions.
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(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
particular water use.
Sec. 22-304. - ;
Additional Measures.
Any user who purchases and installs an automatic landscape irrigation system
shall properly install, maintain, and operate technology that inhibits or interrupts
operation of the system during periods of sufficient moisture in accordance with
Section 373.62, Florida Statutes. The declaration of a water shortagc
provisions of this article. Ipon succh-deolaratio ater u e res;fictions or
other measures adopted by the district applicable to the City of Tamarac, or
article. Any violation of the provisions o Er •10E 21, Florida
of this article.
Sec. 22-305. -
conditions Waiver Relief.
(�, nn n nn ll be restricted to
the-hour 54s o p.mi to--9-00 p.m. seven (7) clays po w Lei volume
irrigation systems or low volume hand watering using a self canceling nozzle
shall not be-r esT.ttriccted-
of system repair and maintenance well landscape maintenance activities;
such as �equi{ _- pplication of ater to apply fertilizes herbicides Q
pesticides.
(c)In the event the d+striot imposes restrictions en landscape irrigation for new
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Tamarac subject to such more restrictive regunations
(d)All other uses of the water resource as def ned in this article, including but
not limiter♦ to ring lt,oral n rsery and n es shall he restricted
TTC7�TiT7TCG4—C�"�f'fQucfCpTCI��rTTQTJ�GT��CTf1T 1CIT'9 ��+ c �i J'�fiCCl
pu,rrsuant to t Wiles, erders and regulations issued-frem-time to time by the
district-
(1) Any user affected by this Code may apply for a waiver to the City
Manager, or their designee. A waiver from specific day or days identified in
Section 22-303 may be granted if strict application of the restrictions would lead
to unreasonable or unfair result, provided the applicant demonstrates with
particularity that compliance with the schedule will result in substantial
economic, health, or other hardship on the applicant, or those the applicant
serves. Relief may be granted only upon a demonstration that such hardship
exists, is peculiar to the person or the affected property, is not self-imposed, and
further demonstrates that granting the waiver would be consistent with the
general intent and purpose of this Code.
(2) Examples of circumstances for a waiver include, but are not limited to:
a. Two (2) or more properties which share a common source of
water;
b. A public or private water system experiencing or anticipating
distribution problems;
c. A user maintains an irrigation system that uses soil moisture
sensors or weather-based irrigation controllers; or
d. Where a contiguous property is divided into different zones, a
waiver may be granted so that each zone may be irrigated on days different
than other zones of the property. However, no single zone may be irrigated more
than two (2) days per week.
Sec. 22-306. - Serving-of water by--restaurants rin wa-t r shortage
restrictions Waiver Application and Appeal Process.
(a} While Phase I moderate water shortage restrictions, or more
Broward County, no person within the geographicareas subject to such
customer of a restaurant
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unless specifically-requested by such customer.
(b) Th_ is jtr ioon___shallll rema n ec as long as the Phase
moderate water restriction, or more severe restrictions, as declared by the
district remains in effect
i
(1) Upon receipt of an application for waiver from the requirements of this
Article, the City Manager or designee shall render a decision on the waiver
within 5 days. Denials of waiver relief may be appealed to the Planning Board
in accordance with Chapter 10, Section 10-5.4(R) of the City's Code, within 30
days of the user's receipt of the notice of denial. Any notice of denial or
subsequent appeal shall be sent by certified mail, return receipt requested.
(2) The granting of a waiver application under provisions of this article shall
operate prospectively, shall not stay or abate the enforcement of the provisions
of this article, and shall not affect any prior or pending enforcement actions
against the affected person that have been initiated pursuant to the provisions
of this article.
(3) If a waiver is granted, the user shall be required to post a notice at each
parcel to which the waiver pertains, at least 5 days after the granting of the
waiver, in a form and manner established by City staff. However, no single zone
may be irrigated more than two (2) days per week.
(4) A waiver is invalid if it has expired or if the user or its agent violates the
terms of the waiver. All waivers shall expire upon a declaration by the City that
a water shortage no longer exists or when a more restrictive water shortage
declaration is made by the City. The City shall provide notice of the expiration
of the waiver at least 2 days before it is determined to be invalid.
(5) Recognition of District Waivers. The city recognizes and adopts all
irrigation variances or waivers issued by the District. For variances or waiver
granted by the District, the user shall be required to post a notice at each parcel
to which the variance or waiver pertains, at least 5 days after the granting of the
variance or waiver, in a form and manner established by City staff.
Sec. 22-307. - Enforcement.
Every code enforcement officer, police officer or sheriff having jurisdiction
in the area governed by this Article shall, in connection with all other duties
imposed by law, diligently enforce the provisions of this Article. In addition, the
City Manager may also delegate enforcement responsibility for this article to
departments of the City of Tamarac government in accordance with state and
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Words in underscore type are additions.
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local law.
Sec. 22-308. - Penalties.
Violation of any provision of this article shall be subject to the following
penalties:
First Violation $50.00 Warning (written)
Second Violation $50.00
Second Third and
subsequent violations
$100.00
Each day in violation of this article shall constitute a separate offense. IA
the initial stages of a water shortage or water shortage emergency, law
warning. The City of Tamarac, 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 article.
Sec. 22-309. —Water users to accept provisions of article.
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 Article.
The acceptance of service shall be in itself the acceptance of the provisions
thereof.
Section 3. CODIFICATION. 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 relettered
to accomplish such intent and the word "Ordinance", or similar words, may be
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changed to "Section", "Article", or other appropriate word. The Code codifier is
granted liberal authority to codify the provisions of this Ordinance.
Section 4. IMPLEMENTING ADMINISTRATIVE ACTIONS. The City
Manager, or designees, 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. CONFLICTS. To the extent of any conflict between any
other City regulations and ordinances and this Ordinance, this Ordinance shall
be deemed to 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 7. SEVERABILITY. 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 effect the validity of the remaining portion hereof.
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Section 8. EFFECTIVE DATE. This Ordinance shall become effective
sixty (60) days after its passage and adoption by the City Commission.
PASSED, FIRST READING this N day of944)401, , 2020.
r ate-V.4/f-
PASSED, SECOND READING this c r tiday of , 2020.
BY: A %! 4(
ATTEST: MAYOR MICHELL J. GOMEZ
L- t- a RECORD OF COMMISSION VOTE: 1ST Reading
JEN IFER OHNS , CMC
Cl CLERK MAYOR GOMEZ tj,L°
DIST 1: V/M BOLTON __?
DIST 2: COMM GELIN 1 -
DIST 3: COMM. FISHMAN %Y
DIST 4: COMM. PLACKO '
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ ,----_
DIST 1: V/M BOLTON •
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO L ..._.=
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
ip.,,,,,=2/4-,
SAMUEL S. GOREN
CITY ATTORNEY
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Words in underscore type are additions.