As and for a water conservation ordinance, the town hereby adopts by reference the South Florida Water Management District Model Water Shortage Ordinance, promulgated by the District on November 21, 1989, for adoption by all municipalities within the county, to implement the enforcement of the District’s Water Shortage Plan.
(A) Intent and purpose. It is the intent and purpose of this section to protect the water resources of the town from the harmful effects of over utilization during periods of water shortage, to conserve potable water supplies, and to efficiently allocate available water supplies to the greatest need, thereby assisting the South Florida Water Management District (SFWMD) in the implementation of its Water Shortage Plan.
(B) Model water shortage definitions. For the purpose of interpreting and enforcing this section, the terms and words defined and listed in the definition section of this subchapter shall apply.
(C) Application of section. The provisions of this section shall apply to all persons using the water resource within the town when 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 section shall not apply to the use of treated effluent or saltwater.
(D) Amendments to Water Shortage Plan. Chapter 40E-21, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by reference as a part of this chapter.
(E) Declaration of water shortage; water shortage emergency. The declaration of water shortage or water shortage emergency within all or any part of the town by the governing board or the Executive Director of the district shall invoke the provisions of this section. Upon such declaration all water use restrictions or other measures adopted by the district applicable, to the town shall be subject to enforcement action provided herein. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation hereof.
(F) Town jurisdiction over water shortages. In the event of a facility failure or circumstance outside the immediate jurisdiction of the South Florida Water Management District which would necessitate curtailment of water production, distribution or consumption, the Mayor of the town or his or her designee may declare the existence of a water shortage condition or emergency which shall activate the provisions hereof.
(G) Enforcement of water restrictions. Every law enforcement officer having jurisdiction in the town shall, in connection with all other duties imposed by law, diligently enforce the provisions of these water restrictions.
(H) Standard penalties. Any person convicted of the violation of any provision of these water restrictions shall be subject to the penalties as provided by law.
(I) Separate violations and sanctions. Each day in violation of this section shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one written warning. In addition to the criminal sanctions contained herein, the town may take any other appropriate legal action, including, but not limited to, emergency injunctive action, to enforce the provisions hereof.
(J) Water users to accept provision of this section. 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 these water restrictions. The acceptance of water service shall be in itself the acceptance of the provisions hereof.
(Ord. 1-90, passed 1-31-1991) Penalty, see § 153.999