*Editor's note-Ord. No. 85-36, § 1, adopted May 7, 1985, provided for the repeal of §§ 26-38—26-45, being Art. III, Curtailment of nonessential uses of water during water shortage, as derived from Ord. No. 80-15, §§ 1—7, 10, adopted May 14, 1981; and Ord. No. 81-24, § 1, adopted July 21, 1981; and enacted in lieu thereof new provisions relative to similar subject matter to read as herein set out. Prior to the 1981 provisions, Art. III, §§ 26-38—26-45, had pertained to water use in emergency situations as derived from the 1958 Code, §§ 30C-1—30C-8.
It is the intent and purpose of this article to protect the water resources of the City of Boynton Beach from the harmful effects of over-utilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its water shortage plan.
(Ord. No. 85-36, § 1, 5-7-85)
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:
District is the South Florida Water Management District.
Person is any person, firm, partnership, association, corporation, company or organization of any kind.
Water resource means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground.
Water shortage condition is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.
Water shortage emergency means that situation when the powers which can be exercised under 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 uses.
Water shortage phase means a phase of water shortage declared by the district and as established by Rule 40E-21.251, Florida Administrative Code.
(Ord. No. 85-36, § 1, 5-7-85; Ord. No. 02-045, § 5, 8-20-02)
The provisions of this article shall apply to all persons using the water resource within the geographical areas subject to the “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. This article shall not apply to persons using treated effluent or saltwater.
(Ord. No. 85-36, § 1, 5-7-85)
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