AN ORDINANCE AMENDING EMERGENCY ORDINANCE NUMBER 00-06, AS AMENDED BY ORDINANCE NUMBER 01-09, RELATING TO WATER USE RESTRICTIONS; BY AMENDING THE ESTABLISHMENT PERIOD EXEMPTION TO ALLOW THE WATERING IN OF NEW LANDSCAPING; ALLOWING THE USE OF MICRO-IRRIGATION OF NON-TURF AREAS WITHOUT RESTRICITON AS TO DAY OF THE WEEK; PROVIDING FOR MODIFICATION THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, Pasco County is responsible to protect the public health, safety, and general welfare, and to minimize public and private losses due to the harmful effects of water shortages within Pasco County, Florida; and
WHEREAS, due to the continued long-term lack of significant rainfall, the level of water storage and ground water supplying the County and surrounding areas has become seriously low; and
WHEREAS, Tampa Bay Water Authority, the entity that supplies water to Pasco County, has exceeded the limits of its Consolidated Permit due to the exceptional drought conditions; and
WHEREAS, the Southwest Florida Water Management District issued Executive Order SWF 01-14, March 21, 2001, mandating local governments to declare an emergency and adopt plans to bring about a five percent reduction in water usage; and
WHEREAS, the existence of water shortage and exceptional drought conditions make it imperative and necessary that certain nonessential uses of water be restricted or curtailed, and that available water sources be conserved in order to protect the health, safety, and general welfare of the citizens of Pasco County; and
WHEREAS, the Board of County Commissioners finds that an exceptional water shortage exists, that it is in the best interest of all users of water to curtail their use of the present water resources, and that failure to curtail use of the present water resources presents a serious threat to the public health, safety or welfare; and
WHEREAS, the Southwest Florida Water Management District issued Executive Director Order No. SWF 00-18 on April 26, 2000, limiting lawn and landscape irrigation to one day per week according to addresses, amended Order No. SWF 00-18 in December 2000 to restrict the watering of new turf grass and again amended Order No. SWF 00-18 in April 2001; and
WHEREAS, because of the above-referenced premises an emergency situation exists and the immediate enactment of this ordinance is necessary to protect the public health, safety and welfare; and
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pasco County, Florida, as follows:
SECTION A. RECITALS.
The recital clauses set forth above are hereby adopted and incorporated herein by reference.
SECTION B. AMENDMENT OF EMERGENCY ORDINANCE 00-06 AS AMENDED BY ORDINANCE 01-09
Emergency Ordinance 00-06, as amended, is hereby amended as follows:
SECTION 1. The recital clauses set forth above are hereby adopted and incorporated herein by reference. Section 1 of Ordinance 00-01 which amended Section 1 (3.01) of Ordinance 85-05 as amended by Ordinance 94-07 is hereby amended in its entirety to read as follows:
1. The Board of County Commissioners adopts the provisions of SWFWMD orders 92-12, 92-21, 92-60, 93-105 and 00-18 as part of this ordinance with the following exceptions:
(a) The irrigation of established lawns and landscaping is allowed only during the hours of 12:01 a.m. to 8:00 a.m. or during the hours of 6:00 p.m. to 11:59 p.m. on each allowable watering day. A user may irrigate established lawns and landscaping during only one of the specified time periods on any allowable watering day.
(b) Irrigation of established lawns and landscaping shall be limited to once per week as follows: at addresses ending in the number 0 or 1 only on Mondays; at addresses ending in the number 2 or 3, only on Tuesdays; at addresses ending in the number 4 or 5, only on Wednesdays; at addresses ending in 6 or 7, only on Thursdays; at addresses ending in the number 8 or 9 or locations with no addresses, only on Fridays. Users shall curtail irrigation when rain has occurred within the last 24 hours.
(c) New turf grass (sod, seed, plugs and sprigs) and new landscaping are exempt from day of the week restrictions for the first thirty (30) days after installation; however, such watering shall be limited to the minimum necessary, shall only be accomplished during the hours allowed above, and is limited to only new turf grass and new landscaping. Users shall curtail irrigation when rain has occurred in the past 12 hours.
(d) Reclaimed water supplies are also a limited water resource and at times, it may be necessary to limit a customer’s use of reclaimed water as provided in Chapter 110-76, Pasco County Code. In order to provide reclaimed water to as many customers as possible, a reclaimed water lawn and landscape irrigation schedule will be published and amended from time to time as necessary by Pasco County Utilities Services.
(e) Low volume micro-irrigation (i.e., drip irrigation, misters, soaker hoses) or hand watering (using a hose with a self-canceling or shut-off nozzle, or both) of trees, shrubs, flowers and vegetable gardens shall not be restricted by days of the week; however, such low volume micro-irrigation or hand watering shall be limited to the minimum necessary and only during the hours allowed above.
2. Irrigation for the purpose of watering in insecticides, fungicides, and herbicides is restricted to designated days and times for that address, except for applications by a professional who is in the business of applying such products for remuneration, so long as a chemical advisory marker containing the day, month and year of application is posted on the landscape, and where such watering is required by the manufacturers or by federal, state, or local law; however, such watering shall be limited to the minimum necessary and shall only be accomplished during the hours allowed above.
3. The washing of automobiles, trucks, trailers, mobile homes, campers, boats, or any other type of motor vehicle or equipment (hereinafter collectively referred to as “vehicles”) is permitted using low volume washing as that term is defined in Chapter 40D-21.051(13), F.A.C. Low volume mobile equipment washing means the washing of mobile equipment with a “bucket” and “sponge” or a hose with a self-canceling or shut-off nozzle or both. Provided, however, unless a business enterprise established for such purpose is used, the washing of non-business, personal vehicles shall be conducted no more than one time per week, and shall be conducted over a non-impervious surface.
4. Hosing down or pressure washing of porches, sidewalks, driveways, and other hard surfaces, except for health and safety reasons, is prohibited unless performed by a commercial pressure washer business entity.
5. Any additional restrictions to follow by SWFWMD which are more stringent shall supersede and become a part of this ordinance and shall be subject to the same enforcement and penalty provisions.
6. Outdoor aesthetic uses of water, such as decorative water fountains and features, shall be prohibited unless such fountains or features provide a necessary aeration and/or water quality benefit. The operation of decorative water fountains or features using reclaimed water is not restricted; however, a sign stating “using reclaimed water” must be posted next to the water fountain or feature.
7. Road construction servicing contractors (water tankers) shall use reclaimed water rather than potable water when reclaimed water is available within close proximity to the road construction project.
8. Pasco County will temporarily waive vegetative drainage facility erosion control measures (i.e., sodding of swales and retention/detention facilities) and lawn and landscape requirements for new commercial developments and will issue a temporary Certificate of Occupancy for commercial structures upon posting of a performance guaranty by the developer or property owner pursuant to Section 306 of the Land Development Code. Once the drought is over and this order is lifted, a permanent Certificate of Occupancy will be issued and the bond released upon the showing that drainage facility and lawn and landscape requirements have been met.
9. Pasco County will temporarily waive vegetative drainage facility erosion control measures (i.e. sodding of swales and retention/detention facilities) and lawn and landscape requirements required by residential subdivision site development permits upon the posting of a performance guaranty pursuant to Section 306 of the Land Development Code. In addition, Pasco County will temporarily waive vegetative drainage facility erosion control measures associated with the building permit lot grading plan requirements and the County will issue a temporary Certificate of Occupancy for a residential home, upon posting of a performance guaranty pursuant to Section 306 of the Land Development Code. Once the drought is over and this order is lifted, a permanent Certificate of Occupancy will be issued and the bond released upon the showing that drainage facility and lawn and landscape requirements have been met.
10. The Board hereby directs staff to temporarily suspend enforcement of vegetative buffer requirements for existing properties during the drought.
SECTION 2. Section 2 of Ordinance 00-01, which amended Section 1 (4.01) of Ordinance 85.05, as amended by Ordinance 94.07, at Section 2, is hereby amended to read in its entirety as follows:
Any law enforcement officer and any County personnel designated by the County Administrator, or his designee, who have received training in the issuance of citations or notices of violation, shall be authorized to enforce the restrictions set forth in this ordinance. Such personnel shall be known as Code Inspectors. Any person who violates the provisions of this ordinance shall not receive a warning and shall immediately receive a notice of violation or citation in writing. A violation of this ordinance shall be punishable by a fine in accordance with uniform fine schedule adopted by the Board as amended by Resolution No. 01-169 adopted on March 27, 2001.
SECTION 3. Pasco County Emergency Ordinance Number 00-02 adopted April 12, 2000, shall be repealed in its entirety.
SECTION 4. All ordinances, or parts of ordinances in conflict herewith, are hereby suspended during the effective period of this ordinance.
SECTION 5. SEVERABILITY.
It is declared to be the intent of the Board of County Commissioners of Pasco County Florida, that if any section, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid, the remainder of the this Ordinance shall be construed as not having contained said section, subsection, sentence, clause, or provisions and shall not be affected by such holding.
SECTION C. EFFECTIVE DATE.
This ordinance shall become effective July 11, 2001, at 12:01 a.m. and shall remain in effect until this ordinance is repealed by the Board of County Commissioners.
PASSED AND ORDAINED AS AN ORDINANCE this _____ day of ___________, 2001.
(S E A L)
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PASCO COUNTY, FLORIDA
BY:__________________________________ BY:_______________________________________
JED PITTMAN, CLERK STEVE SIMON, CHAIRMAN
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
OFFICE OF THE COUNTY ATTORNEY
BY:________________________________________________
ATTORNEY