(A) Intent and purpose. It is the intent and purpose of this section to protect the water resources of the city from the harmful effects of overutilization during periods of water shortage by assisting the District in the implementation of its water shortage plan, or issued water shortage orders, under Chapter 40E-21, F.A.C.
(B) Definitions. For the purpose of this Code, 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 also include the future, and words used in the singular also include the plural. The word "shall" is always mandatory and not merely directory.
DISTRICT. The South Florida Water Management District, a government entity created under F.S. Ch. 373.
LAW ENFORCEMENT OFFICIAL(S). City of Pembroke Pines Police Officer, Code Enforcement Officer, or other official designated by the City Manager.
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.
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 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), using the water resource, as defined in division (B), within the geographical areas subject to the water shortage condition or water shortage emergency, as defined in division (B), as determined by the District, from privately-owned water utility systems, private wells, or private connections with surface water bodies. This section shall not apply to users using reclaimed water or saltwater.
(D) Declaration of water shortage or water shortage emergency.
(1) A declaration of a water shortage condition and/or water shortage emergency in accordance with Part II of Chapter 40E-21, F.A.C., within all or parts of the city by the District's Governing Board or Executive Director, shall invoke the provisions of this section.
(2) A water shortage, as defined in division (B), or water shortage emergency order shall supersede mandatory year-round water irrigation measures until the more restrictive measure is rescinded by the District.
(3) Upon the District issuing a water shortage order, all water use restrictions or other measures adopted by the District applicable to the city, or any portion thereof, shall be subject to enforcement action by the city officials pursuant to division (F) of this section. Any violation of Chapter 40E-21, F.A.C., or any order issued pursuant thereto, shall be a violation of this section.
(E) Variances. The city recognizes all variances issued by the District pursuant to Rule 40E-21.275, F.A.C.
(F) Enforcement. Every law enforcement official having jurisdiction in the area governed by this section shall, in connection with all other duties imposed by law, diligently enforce the provisions of this section. The City Manager may also delegate enforcement responsibility for this section to other departments of the city government.
(G) Penalties. Violations of this section shall be punishable as provided by § 10.99 of the City Code or by 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)