81-O-21ORDINANCE NO. 81-0-21
AN ORDINANCE OF THE CITY OF EDGEWATER AUTHORIZING
THE CITY MANAGER TO PROHIBIT OR CURTAIL CERTAIN
USES OF WATER, TO ALLOCATE AVAILABLE WATER RESOURCES
TO DISCONTINUE THE EXTENSION OF WATER SERVICE, AND
5W ®To TES DURING WATER SHORTAGE
CONDITIONS; TONS;NG DEFINING
VISE WATER USE THE TERMORDINANCE, PROVIDING
THERETO
PROVFOR ENFORCEMENT AND PENALTIES; SEVERABILITY CLAUSE,
AND FOR OTHER PURPOSES; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, from time to time a water shortage situation may arise
affecting the City of Edgewater, and
WHEREAS, during such water shortage conditions the level of water
storage and groundwater supplying the City may become perilously
low, and
WHEREAS, water shortage conditions may contribute to the severity
of the salt water intrusion problem, and
WHEREAS, the public water system may lack the capacity to treat
the amount of water demanded, and
WHEREAS, upon the existence of such conditions it becomes impera-
tive to the public well being that certain uses of water be
restricted or curtailed, that available water resources be allocated,
that the extension of water service be discontinued, that water -
saving devices be installed, and that water use rates be revised
and
WHEREAS, the St. Johns River Water Management District, a public
corporation of the State of Florida, charged with responsibility
for the control of water within the District, so as to realize
their full beneficial use, may during a water shortage situation
declare the existence of a water shortage or water shortage
emergency and order the curtailment or restriction of uses of
water.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER,
FLORIDA:
SECTION 1. DEFINITIONS
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 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.
1. "City is the City of Edgewater, Florida.
2. "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
3. "Water" is water taken from a public water system.
4. "Public water system" is a system for the provision to
the public of piped water for human comsumption.
5. "Water shortage" is when insufficient water is available
to meet the requirements of the St. Johns River Water
Management District permit system or when conditions are
such as to require temporary reduction in total use within
the area to protect water resources from serious harm; or,
when it is determined that a public water system has become
seriously affected by lack of plant capacity to treat water
demanded, salt water intrusion, lack of water pressure due
to mechanical failure or lack of supply or any other
manifestation of insufficient water availability.
6. "Emergency" is a situation where plans implemented in
response to a water shortage are insufficient to protect
the public health, safety or welfare, the health of
animals, fish or aquatic life, a public water supply, or
recreational, commercial, industrial, agricultural or
other reasonable uses.
7. "District" is the St. Johns River Management District.
8. "Base period" is the time frame determined by the City
Manager from its records from which to calculate the
average daily consumption.
9. "Average daily consumption" is the amount of water used
in the base period divided by the number of days in the
base period.
10."Available water" is water stored as surface or groundwater
which can be processed through the public water system for
use.
ll."City Manager" is the City Manager of the City of Edgewater,
Florida.
SECTION 2 APPLICATION OF ORDINANCE
The provisions of this Ordinance shall apply to all persons, regardless
of whether the person using water has a contract for water services,
using water in the following systems:
City -owned water systems, and
Privately -owned water systems within the City's jurisdiction
SECTION 3 IMPLEMENTATION OF THE ORDINANCE
A. Authort o De fare a Water Shortage Emergency
The may find that a water shortage condition
exists under the following conditions:
The District determines and declares a water shortage
or determines that a water shortage emergency exists
affecting the City.
fir C4unti1
The 2ctiura9� determines that a reduction in consumption
would alleviate a local water shortage condition.
B. PWa.ter Uses
Upon a determination that a water shortage condition exists,
the City Manager may order the restriction or curtailment of
the use of water to the extent necessary to alleviate the
water shortage condition and may implement any or all of the
following subsections.
Uses of water to be restricted or curtailed include but
are not limited to the following:
(a) The sprinkling, watering or irrigating of shrubbery,
trees, lawns, grass, ground covers, plants, vines,
gardens, vegetables, including the specification
of certain days, hours or periods of time, as well
as place limitations, when lawns and shrubbery may
be watered.
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(b) The washing of automobiles, trucks, trailers,
mobile homes, campers, boats, railroad cars, or
any other type of mobile equipment; except bona
fide business enterprise where vehicle washing
is done.
(c) The washing of sidewalks, driveways, filling
station aprons, porches, exterior of homes,
apartments, office building or other outdoor
surfaces.
(d) The washing of any business or industrial
equipment and machinery, except where re-
quired by public health.
(e) The operation of any ornamental fountain
or other structure using water without a
recirculating system.
(f) Swimming and wading pools not using a filter
and recirculating system.
(g) The escape of water through defective plumbing,
which means to knowingly allow water to escape
through a system that is in disrepair.
(h) Business and industries shall be restricted to
the minimum amount of .water necessary to conduct
operations and shall curtail or prohibit any use
of water including but not limited to:
(1) The use of water to serve a customer
in a restaurant unless requested by
a customer.
(2) The use of water for the expansion of
commercial nursery facilities.
(3) The use of water from hydrants for
construction purposes, fire drills, or
any purpose other than firefighting.
(4) The use of water to put new agricultural
land into production.
(5) The use of water by a golf course
except those areas designated as tees
and greens.
(6) The use of water for dust control
2. Available water resources will be allocated using the
following daily usage allotments:
(a) Residential usesof water shall be allotted as follows:
Per E. L. U. 167 gal/day 5,000/month
(b) Multi -residential units (2 or more units)
For each dwelling unit:
Per E. L. U. 167 gal/day 5,000/month
Each person who is billed for water from the public water
system shall upon request advise the City Manager of the
number of permanent residents using water supplied to the
dwelling unit. If a person shall fail to advise the City
Manager, each dwelling unit shall be permitted the water
allocation for one permanent resident.
3. Extension of water service
No applications to begin a new use or modify an existing
use, requiring water service connections, meters, service
lines, pipeline extensions, mains, or other water service
facilities of any kind shall be approved, while the water
shortage is in effect. Subject to exceptions specified
in Sections 7 and S.
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4. Water Use Rates and Charges Related to a Water Shortage
Condition.
The monthly water bill is composed of a basic service
charge, a regular rate, based on the daily usage allot-
ment or average daily consumption, and a surcharge, for
that amount in excess of the allotment.
(a) Basic service charge
All metered services shall pay a basic service
charge based on E. L. U.'s whether or not any water
is used. For less than one month continuous
service from date of turn on or transfer the full
monthly basic service charge shall be paid. The
basic service charge shall be as follows:
Independently Metered
Basic Service Charge
E. L. U.'s 3.5.0/2,000 gal.
Multiples 3.50/2,000 gal.first unit
3.00/2,000 gal each additional unit
(b) Regular Rate
The regular rate shall be $1.10 per 1,000 gallons
for all water consumed within (the daily usage allot-
ment/the specified percentage of the average daily
consumption) as set forth Subsection B-2(a).
(c) Surcharge
The surcharge shall be $2.20 per 1,000.00 gallons of
water and shall be applied to all water in excess
of the allotment up to a usage of twice the allotment
and $3.30 per 1,000 gallons of water used in excess of
twice the allotment. This section shall only apply to
charges for water services and shall not apply to
charges for sewer.
5. The extent of reduction in water consumption includes but is
not limited to the following factors:
(a) the severity of the drought,
(b) the percentage cutback required of the public water
system by the District,
(c) The extent that the public water system capacity is
not supplying the demand of the service area,
(d) the severity of the salt water intrusion, and
(e) the availability of potable water.
SECTION 4 ENFORCEMENT
Each police officer of the City of Edgewater shall, in connection
with his/her duties imposed by law, diligently enforce the provisions
of this Ordinance.
The Utilities Supervisor and all employees of the Utilities Department,
Public Works Department and Fire Department, have an obligation to re-
port any violation of this Ordinance.
SECTION 5 PENALTIES
Any person violating any of the provisions of this Ordinance shall be
deemed guilty of a misdmeanor and shall be punished by a fine of not less
than one dollar ($1.00) nor more than five hundred dollars ($500.00), or
by imprisonment in the jail for a period of not exceeding sixty (60) or
by both such fine and imprisonment, at the discretion of the judge trying
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the case. Each day any such violation shall continue shall constitute
a separate offense.
SECTION 6 EXCEPTION TO MAINTAIN SANITATION
The City Manager upon the recommendation of the City Health Officer,
County Health Agency or Department of Environmental Regulation, or
upon its own recognizance shall have the authority to permit a
reasonable use of water in any case necessary to maintain adequate
health and sanitation standards.
SECTION 7 EXCEPTIONS FOR BUSINESS NECESSARY TO PUBLIC WELFARE
1. The provisions of this Ordinance shall not apply to any business
or industry which shall be declared by resolution of the City Council
to be specifically excepted therefrom as necessary forthe public
health, safety and welfare.
2. The public water system shall have available and furnish all
records necessary to the City Manager upon request to determine
the usages of water restricted by this Section.
SECTION 8 ORDINANCES REPEALED
All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 9 SEVERABILITY
In the event that any section or provision of this Ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a
court of competent jurisdiction to be invalid, such a decision shall
not affect the validity of the remainder hereof as a whole or part
thereof other than the part declared to be invalid.
SECTION 10 WATER USERS TO ACCEPT PROVISIONS OF ORDINANCE
No water service shall be: furnished to any person in the City unless
the person agrees to accept all the provisions contained in this
Ordinance. The acceptance of water service from the City shall be
in itself the acceptance of the provisions thereof. Privately -owned
public water systems within the City's jurisdiction shall also include
the Ordinance provisions within administrative policy for hookup.
SECTION 11 CODIFICATION
This Ordinance shall be codified at Section 19-80 et seq, Code of
Ordinances.
SECTION 12 EFFECTIVE DATES OF ORDINANCE
This Ordinance shall take effect immediately after its final passage
by the City Council as provided by the, Cpity// Charter.
The Ordinance was introduced by Mr. 0 e
The first Reading of the above Ordinance was read in full and
passed by vote of the City Council of the City of Edgewater, Florida
at the regular meeting of said Council held on the day of
, 1981, and approved as provided by law.
The second reading of the Ordinance to be at a regular meeting of
the City Council of the City of Edgewater, Florida to be held on the
ay of Q,4ze
1981.
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FIRST READING ��,..�.G�f Q�//.�._
—Councilman •�OiiOr�,)
ai. ze- /' �'
C uncilman
Mayor
SECOND READING
ATTEST:
Councilman
ouncilm n a
City Cler /
Approved this (O day of
AA..D. , 1981.
Mayor
Approved for legality and form
CLAY :202r S N
City torney