(A) Intent and purpose. It is the intent and purpose of this section to implement procedures that promote water conservation through the efficient use of landscape irrigation. It shall be unlawful for anyone to utilize water from the city potable water system for any type of irrigation, excepting hand watering, unless specifically approved by the City Commission. The use of city potable water for irrigation is also a violation of the city's Cross Connection Control Ordinance (§ 50.40) and is subject to enforcement action. Any such use of city potable water for irrigation shall be disconnected by the user within seven days of notification by the city.
(B) Definitions. For the purpose of this section, the following terms, phrases, words, and their derivatives shall have the meaning listed below. 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.
ADDRESS. 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 the property's address. If a property has no address, it shall be considered "even-numbered."
ATHLETIC PLAY AREA. All golf course fairways, tees, roughs, greens, and other athletic play surfaces; including, football, baseball, soccer, polo, tennis, and lawn bowling fields, and rodeo, equestrian, and livestock arenas.
CONSUMPTIVE USE PERMIT (CUP). A permit issued pursuant to Chapter 40E-2, F.A.C., authorizing the consumptive use of water.
DISTRICT. The South Florida Water Management District, a government entity created under F.S. Ch. 373.
EVEN NUMBERED ADDRESS. An address ending in the numbers 0, 2, 4, 6, 8, or rights-of-way or other locations with no address, or the letters A-M.
EXISTING LANDSCAPING. Any landscaping which has been planted and in the ground for more than 90 days.
LANDSCAPE IRRIGATION. 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 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.
LANDSCAPING. 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, public, commercial, and industrial establishments, public medians, and rights-of-way, except athletic play areas, as defined in this division.
LAW ENFORCEMENT OFFICIALS. City of Pembroke Pines Police Officer, Code Enforcement Officer, or other official designated by the City Manager.
LOW VOLUME HAND WATERING. The watering of landscape by one person, with one hose, fitted with a self-canceling or automatic shutoff nozzle.
LOW VOLUME IRRIGATION. The use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a 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. 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 microspray, and subsurface irrigation.
NEW LANDSCAPING. Any landscaping which has been planted in the ground for 90 days or less.
ODD NUMBERED ADDRESS. An address ending in the numbers 1, 3, 5, 7, 9, or the letters N-Z.
RECLAIMED WATER. 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. 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 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. 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.
WATER RESOURCE. 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 flowing beneath the surface of the ground. WATER RESOURCE specifically excludes water from the city potable water system.
WATER SHORTAGE. When the District determines there is the possibility that insufficient water will be available to meet the present and anticipated needs of the users, or when conditions are such as to require a temporary reduction in total use within a particular area to protect water resources from serious harm. A water shortage usually occurs due to drought.
WATER SHORTAGE EMERGENCY. When the District determines the provisions listed in Part II of Chapter 40E-21, F.A.C., are not sufficient to protect the public health, safety, or welfare, the health of animals, fish, or aquatic life, a public water supply, or commercial, industrial, agricultural, recreational, or other reasonable-beneficial uses.
(C) Applicability. The provisions of this section shall apply to each user, as defined in division (B), providing landscape irrigation from all water resources within the boundaries of the city with the following exceptions:
(1) The use of reclaimed water, which may or may not be supplemented from another source;
(2) Irrigation at agricultural and nursery operations; and
(3) Irrigation of athletic play areas.
(D) Year-round landscape irrigation conservation measures. The city adopts the rules of the South Florida Water Management District, listed in Subsection 40E-24.201 (1)-(6), F.A.C., including subsequent additions or corrections which are set out as follows:
(1) The year-round landscape irrigation conservation measures contained in this section are applicable to all users including permitted and exempt users under Chapter 40E-2, F.A.C., unless otherwise indicated. These conservation measures apply to all water resources, unless otherwise indicated. In addition to the requirements of this section, all permitted users under Chapter 40E-2, F.A.C., are required to maintain compliance with all CUP conditions and terms, including requirements to implement water conservation practices.
(2) It shall be the duty of each user to keep informed as to the landscape irrigation conservation measures within this section which affect each particular water use.
(3) In addition to the specific conservation measures, all wasteful and unnecessary water use, as defined in division (B), is prohibited.
(4) The following requirements shall apply to all users, unless specified in division (C) or (E).
(a) Landscape irrigation shall be prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as otherwise provided.
(b) Irrigation of existing landscaping shall comply with the following provisions:
i. Even addresses, as defined in division (B), installations with irrigation systems that irrigate both even and odd addresses within the same zones, such as multi-family units and homeowners' associations, and rights-of-way or other locations with no address shall have the opportunity to accomplish necessary landscape irrigation two days a week, only on Thursday and/or Sunday.
ii. Odd addresses, as defined in division (B), shall have the opportunity to accomplish necessary landscape irrigation two days a week, only on Wednesday and/or Saturday.
(c) Irrigation of new landscaping shall comply with the following provisions:
i. 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 normal watering days and times.
ii. A 90-day establishment period begins on the day the 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.
iii. Irrigation of new landscaping which has been in place for 30 days or less may be accomplished on Monday, Tuesday, Wednesday, Thursday, Saturday, and/or Sunday.
iv. Irrigation of new landscaping which has been in place for 31 to 90 days may be accomplished on Monday, Wednesday, Thursday, and/or Saturday.
v. Irrigation of new landscaping is limited to areas only containing the new landscaping. An entire zone of an irrigation system shall only be utilized for landscape irrigation under this division if the zone contains at least 50% new landscaping. If a zone contains less than 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, as defined in division (B), or any appropriate method which isolates and waters only the new landscaping.
(5) Any water shortage, as defined in division (B), restrictions or other measures declared pursuant to Chapter 40E-21, F.A.C., or related District Governing Board or Executive Director orders which are more restrictive than a measure contained within this section, shall supersede this section for the duration of the applicable water shortage declaration.
(E) Exceptions to the landscape irrigation schedules. Landscape irrigation scheduling shall be subject to the following exceptions:
(1) Landscape irrigation systems may be operated during restricted days and/or times for cleaning, maintenance, and repair purposes 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 test should not exceed ten minutes per zone.
(2) Landscape irrigation for the purpose of watering-in fertilizers, insecticides, pesticides, fungicides and herbicides, where such watering-in is recommended by the manufacturer, or by federal, state or local law, or best management practices, shall be allowed under the following conditions:
(a) Such watering-in shall be limited to one application, unless the need for more than one application is stated in the directions for application specified by the manufacturer; and
(b) Such watering-in shall be accomplished during normally allowable watering days and times set forth in division (D)(4)(a) and (b), unless a professional licensed applicator has posted a temporary sign containing the date of application and the date(s) of needed watering-in activity.
(3) Any plant material may be watered using low volume irrigation, as defined in division (B), micro-irrigation, as defined in division (B), low volume hand watering method, rain barrels, cisterns, or other similar rain-harvesting devices without regard to the watering days or times allowed pursuant to this section.
(F) Additional requirements. 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 F.S. § 373.62.
(G) Variances.
(1) A variance from the specific day or days identified in division (D)(4)(b) may be granted by the city 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 served by the applicant. If granted, the applicant shall be required to post a notice at each parcel to which the variance pertains. 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 variance would be consistent with the general intent and purpose of this division or as may otherwise be authorized by applicable law or policy.
(2) The city recognizes all irrigation variances or waivers issued by the District under Rule 40E-24.501, F.A.C.
(H) Declaration of water shortage or water shortage emergency. Declaration of a water shortage condition and/or water shortage emergency, as defined in division (B), within all or parts of the city by the District's Governing Board or Executive Director shall supersede this section for the duration of the applicable water shortage declaration in accordance with § 50.36 of the City Code. A water shortage usually occurs due to drought.
(I) Enforcement.
(1) In the absence of a declaration of water shortage or water shortage emergency within all or any part of the city by the District's Governing Board or Executive Director, the listed landscape irrigation restrictions shall be subject to enforcement action. Any violation of the provisions of divisions (D) and (E) shall be a violation of this section.
(2) The City of Pembroke Pines authorizes law enforcement officials, as defined in division (B), having jurisdiction in the area governed by this section, to enforce the provisions of this section. In addition, the City Manager may delegate this section's enforcement responsibility to agencies and departments within the city government.
(J) Penalties. Violations of this section shall be punishable as provided by § 10.99 of the City Code or any other lawful method provided in the City Code, including but not limited to, Code Enforcement penalties authorized by law.
(Ord. 641, passed 12-15-82; Am. Ord. 1964, passed 3-17-21; Am. Ord. 1978, passed 11-17-21)