§ 50.05 CONSERVATION.
   (A)   In 2005, the South Florida Water Management District issued a Consumptive Use Permit. The permit allotted 210 gallons per person per day to the city. This will be further reduced to 199 gallons per person per day by 2010.
      (1)   All developers must incorporate a water conservation plan into their designs to reduce the Equivalent Residential Connections (ERC) gallons per day. These conservation methods must numerate the gallons saved by the conservation plan and must be presented to the city's departments/boards for review and approval.
   (B)   For the purpose of this section, 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.
   AWWA. American Water Works Association Denver, Colorado.
   CONSUMPTIVE USE PERMIT. That agreement between the South Florida Water Management District and the City of Pompano Beach effective September 14, 2005, which defines the city's right to permit from the District for the operation of its wellfields.
   DISTRICT. The South Florida Water Management District.
   IMPERVIOUS. Land surfaces which do not allow the penetration of water, including paved roads, sidewalks, driveways, parking lots and highly compacted areas including shell or clay.
   IRRIGATION. The direct application of water by means other than precipitation.
   IRRIGATION SYSTEMS. Equipment and assemblies which deliver water to plants being irrigated, including, but not limited to pipelines, control structures, pipes and ditches, pumping stations, emitters, valves and fittings. This does not include the transfer of water through water management systems from one location to another.
   LOW VOLUME IRRIGATION. The use of equipment and assemblies 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 use in mist houses and similar establishments for plant propagation. Overhead irrigation and flood irrigation are not included.
   PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind.
   UTILITY. The public water supply utility owned and operated by the city.
   WATER RESOURCE. Any and all water on or beneath the surface of the ground, including the Utility, natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground. It does not include treated reuse or saltwater.
   WATER SHORTAGE. 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 particular area to protect the Water Resource from serious harm. A WATER SHORTAGE usually occurs due to drought.
   WATER SHORTAGE CONDITION I. A WATER SHORTAGE CONDITION I is specifically declared to exist when the chloride concentrations in the city's monitoring wells reach the following levels.
 
Monitoring Well No. Eastern Wellfield
Water Shortage Condition I Cutback Trigger Levels (umhos/cm)
1
1660
2
2080
4
6570
6
2120
 
   WATER SHORTAGE CONDITION II. A WATER SHORTAGE CONDITION II is specifically declared to exist when the chloride concentrations in the City's monitoring wells reach the following levels.
 
Monitoring Well No. Eastern Wellfield
Water Shortage Condition II Cutback Trigger Levels umhos/cm)
1
4000
2
4000
4
8000
6
4000
 
   (C)   The provisions of this section shall apply to all persons using the Water Resource within the geographical area of the City of Pompano Beach, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This section shall not apply to persons using treated reuse or saltwater.
   (D)   Restrictions.
      (1)   Irrigation of any landscape areas shall be restricted to the hours of 5:00 p.m. to 9:00 a.m. The following activities shall be exempt from the mandate of this subsection:
         (a)   Landscape irrigation by hand watering using a self-canceling or automatic shutoff nozzle or both;
         (b)   Landscape irrigation by systems from which the sole source is treated wastewater reuse;
         (c)   The operation of irrigation systems for system repair and maintenance;
         (d)   Landscape irrigation for purposes of water in fungicides, insecticides and herbicides as required by the manufacturer or by federal or state laws; however, this exemption applies only to licensed pest control operators and shall be limited to manufacturer's recommendations;
         (e)   Irrigation activity for dust emissions required by court or administrative action.
      (2)   It shall be unlawful to operate or cause the operation of an irrigation system or assembly in a manner which causes water to be wasted such as the escape of water through defective plumbing or watering more than five feet of impervious area due to maladjustment of the irrigation system.
      (3)   As provided by § 157.127(C)(2) of the Pompano Beach Code of Ordinances, new installations of automatic irrigation systems shall be equipped with a water-sensing assembly which will automatically discontinue irrigation during periods of rainfall.
   (E)   The City Manager shall delegate enforcement responsibility for this section to the Code Enforcement Division of the city. Additionally, the City Manager may implement an enforcement program specifically tailored to address the city's need to enforce the irrigation restrictions of this section.
   (F)   It shall be unlawful for any person to violate or fail to comply with any provision of this section. Violation of any provision of this section shall be subject to the following penalties:
First Violation            Written Warning
Second Violation         $50.00 Fine
Third and Subsequent         Mandatory hearing before
Violations            the Special Magistrate for
                  Code Enforcement with
                  fine not to exceed $500.00,
                  plus costs, or prosecution
                  in the County Court with
                  penalties pursuant to § 10.99
Each individual violation of this section shall constitute a separate offense. In addition, the city must take any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this section. A violation shall be considered a first violation if no other violation of this section on the property by the same owner has occurred within two years of the date of the new violation.
   (G)   Variance relief.  
      (1)   Any person affected by the provisions of this section may make application to the City Manager or his designee, for a variance if compliance would impose a unique, unnecessary and inequitable hardship on such person. Relief may be granted only upon a demonstration that such hardship is peculiar to the person or the affected property and is not self-imposed, and that the grant of the variance will be consistent will the general intent and purpose of this section. Any application for variance or appeal shall be sent by certified mail, return receipt requested.
      (2)   Upon receiving an application for variance, the City Manager or his designee shall render a decision on the variance within 20 working days. Denial of the variance relief may be appealed to the City Commission within 30 days of such person's receipt of the notice of denial.
      (3)   An application for a variance, and/or the granting of a variance, shall operate prospectively, and shall not affect any pending enforcement action against the violator pursuant to the provisions of this section.
   (H)   Declaration of Water Shortage Condition I. Should a Water Condition Shortage I occur, the City Manager shall so declare and give notice of such Water Shortage in the news media. Upon such declaration, the following limitations on irrigation shall be subject to enforcement action pursuant to this section.
      (1)   Water Shortage Condition I.
         (a)   Commercial and industrial process use.
            1.   Water use for cleaning, adjusting and repair of irrigation systems by a licensed person or entity shall be restricted as follows:
               a.   Projects one irrigated acre or greater in size shall be limited to one hour per acre per week.
               b.   Projects less than one irrigated acre in size shall be limited to 10 minutes per zone per week.
         (b)   Agricultural use.
            1.   Overhead irrigation, except as otherwise permitted by this Section, shall be restricted to the hours of 2:00 p.m. to 10:00 a.m.
            2.   Overhead irrigation for field grown citrus nursery stock moisture stress reduction shall be allowed daily for 10 minutes per irrigation zone from 11:30 a.m. to 12:00 p.m. and from 1:30 p.m. to 2:00 p.m.
            3.   Low volume irrigation hours shall not be restricted.
            4.   All irrigation systems shall be operated in a manner that will maximize the percentage of water withdrawn and held which is placed in the root zone of the crop and will minimize the amount of water which is withdrawn and released or lost to the user but is not immediately available for other users.
         (c)   Soil flooding. Soil flooding, except as specifically permitted by this section, shall be prohibited.
         (d)   Freeze protection. Water use for freeze protection shall be restricted to situations in which official weather forecasting services predict temperatures likely to cause permanent damage to crops.
         (e)   Nursery use.
            1.   Overhead irrigation uses shall be restricted as follows:
               a.   Inside - 8:00 a.m. to 8:00 p.m., seven days per week.
               b.   Outside - 7:00 p.m. to 7:00 a.m., seven days per week.
               c.   Overhead irrigation for containerized nursery stock moisture stress reduction on stock grown in containers up to and including one gallon in size shall be allowed daily for ten minutes per irrigation zone from 11:30 a.m. to 12:00 p.m., 1:30 p.m. to 2:00 p.m. and 3:30 p.m. to 4:00 p.m.
         (f)   Flood irrigation systems shall be restricted to eight days per month.
         (g)   Landscape irrigation - new installation.
            1.   For installations which have been in place for less than 30 days; and
               a.   Less than five irrigated acres in size, water use for irrigation shall be restricted to the hours of 2:00 a.m. to 8:00 a.m., Monday through Friday.
               b.   Five irrigated acres or greater in size, water use for irrigation shall be restricted to the hours of 12:01 a.m. to 8:00 a.m., Monday through Friday.
            2.   Cleaning and adjusting of new irrigation systems shall be restricted to ten minutes per zone on a one-time basis.
         (h)   Landscape irrigation - existing installa- tion.
            1.   For existing installations less than five irrigated acres in size, water use for irrigation shall be restricted to the hours from 4:00 a.m. to 8:00 a.m. for all types of irrigation, except low volume irrigation, and 5:00 p.m. to 7:00 p.m. for low volume hand watering only, three days per week.
               a.   Installations with odd numbered addresses shall be permitted to irrigate on Monday, Wednesday and Saturday.
               b.   Installations with even numbered addresses or no address shall be permitted to irrigate on Tuesday, Thursday and Sunday.
            2.   For existing installations five irrigated acres or greater in size, water use for irrigation shall be restricted to the hours from 12:01 a.m. to 8:00 a.m., three days per week.
               a.   Installations with odd numbered addresses shall be permitted to irrigate on Monday, Wednesday and Saturday.
               b.   Installations with even numbered addresses or no address shall be permitted to irrigate on Tuesday, Thursday and Sunday.
            3.   Water use for cleaning, adjusting and repair of existing irrigation systems shall be limited to ten minutes per zone per week.
         (i)   Recreation area use.
            1.   Landscape irrigation for new and existing recreation areas shall be restricted to the hours prescribed for new and existing landscape irrigation in Paragraphs (g) and (h), respectively.
            2.   Irrigation of seeded and/or sprigged recreation areas that have been in place for less than 30 days shall be allowed daily for ten minutes per irrigation zone from 11:30 a.m. to 12:00 p.m., 1:30 p.m. to 2:00 p.m. and 3:30 p.m. to 4:00 p.m.
            3.   Watering of pervious non- vegetated recreational/sporting surfaces shall be restricted to ten minutes of application prior to each recreational/sporting event. Low volume watering shall be used.
         (j)   Golf course use.
            1.   Irrigation of greens and tees shall be shall be accomplished during non-daylight hours and limited to 1.25 inches per week.
            2.   Irrigation of fairways, roughs and nonplaying areas on the first nine holes of the course shall be restricted to the hours of 12:01 a.m. to 8:00 a.m. on Monday, Wednesday and Saturday.
            3.   Irrigation of fairways, roughs and nonplaying areas on the last nine holes of the course shall be restricted to the hours of 12:01 a.m. to 8:00 a.m., Tuesday, Thursday and Sunday.
            4.   Irrigation of seeded and/or sprigged areas that have been in place for less than 30 days shall be allowed daily for ten minutes per irrigation zone from 11:30 a.m. to 12:00 p.m., 1:30 p.m. to 2:00 p.m. and 3:30 p.m. to 4:00 p.m.
      (2)   Water Shortage Condition II. Should a Water Condition Shortage II occur, the City Manager shall so declare and give notice of such Water Shortage in the news media. Upon such declaration, the following limitations on irrigation shall be subject to enforcement action pursuant to this section.
         (a)   Water use for cleaning, adjusting and repair of irrigation systems by a licensed person or entity shall be restricted as follows:
            1.   Projects one irrigated acre or greater in size shall be limited to one hour per acre per week.
            2.   Projects less than one irrigated acre in size shall be limited to ten minutes per zone per week.
         (b)   Agricultural use.
            1.   Overhead irrigation shall be restricted to the hours of 7:00 p.m. to 7:00 a.m.
            2.   Low volume irrigation hours shall not be restricted.
            3.   All irrigation systems shall be operated in a manner that will maximize the percentage of water withdrawn and held which is placed in the root zone of the crop and will minimize the amount of water which is withdrawn and released or lost to the user but is not immediately available for other users.
            4.   Overhead irrigation for field grown citrus nursery stock moisture stress reduction shall be allowed daily for ten minutes per irrigation zone from 11:30 a.m. to 12:00 p.m. 1:30 p.m. to 2:00 p.m. and 3:30 p.m. to 4:00 p.m.
         (c)   Soil flooding. Soil flooding, except as specifically permitted by this section, shall be prohibited.
         (d)   Freeze protection. Water use for freeze protection shall be restricted to situations in which official weather forecasting services predict temperatures likely to cause permanent damage to crops.
         (e)   Nursery use.
            1.   Low volume irrigation uses and low volume hand watering shall be limited to the hours of 6:00 a.m. to 8:00 a.m. and 5:00 p.m. to 7:00 p.m.
            2.   Overhead irrigation uses shall be restricted as follows:
               a.   Inside - 8:00 a.m. to 8:00 p.m., on odd numbered days.
               b.   Outside - 7:00 p.m. to 7:00 a.m., on odd numbered days.
                c.   Overhead irrigation for containerized nursery stock moisture stress reduction on stock grown in containers up to and including one gallon in size shall be allowed daily for ten minutes per irrigation zone from 11:30 a.m. to 12:00 p.m., 1:30 p.m. to 2:00 p.m. and 3:30 p.m. to 4:00 p.m. per month.
         (f)   Flood irrigation systems shall be restricted to four days
         (g)   Landscape irrigation - new installation.
            1.   For installations which have been in place for less than 30 days; and
               a.   Less than five irrigated acres in size, water use for irrigation shall be restricted to the hours of 2:00 a.m. to 7:00 a.m., Monday, Wednesday and Friday.
               b.   Five irrigated acres or greater in size, water use for irrigation shall be restricted to the hours of 12:01 a.m. to 7:00 a.m., Monday, Wednesday and Friday.
            2.   Cleaning and adjusting of new irrigation systems shall be restricted to ten minutes per zone on a one-time basis.
         (h)   Landscape irrigation - existing installa- tion.
            1.   For existing installations less than five irrigated acres in size, water use for irrigation shall be restricted to the hours from 4:00 a.m. to 7:00 a.m. for all types of irrigation, except low volume irrigation, and 5:00 p.m. to 7:00 p.m. for low volume hand watering only, one day per week.
               a.   Installations with odd numbered addresses shall be permitted to irrigate on Saturday.
               b.   Installations with even numbered addresses or no address shall be permitted to irrigate on Sunday.
            2.   For existing installations five irrigated acres or greater in size, water use for irrigation shall be restricted to the hours from 12:01 a.m. to 8:00 a.m., one day per week.
               a.   Installations with odd numbered addresses shall be permitted to irrigate on Saturday.
               b.   Installations with even numbered addresses or no address shall be permitted to irrigate on Sunday.
            3.   Water use for cleaning, adjusting and repair of existing irrigation systems shall be limited to ten minutes per zone per week.
         (i)   Recreation area use.
            1.   Landscape irrigation for new and existing recreation areas shall be restricted to the hours prescribed for new and existing landscape irrigation in Paragraphs (g) and (h), respectively.
            2.   Watering of pervious non-vegetate recreational/sporting surfaces shall be restricted to ten minutes of application prior to each recreational/ sporting event. Low volume watering shall be used.
         (j)   Golf course use.
            1.   Irrigation of greens shall be accomplished during non-daylight hours and limited to one inch per week.
            2.   Irrigation of tees shall be restricted to nondaylight hours three days per week. The front nine holes shall be restricted to Monday, Wednesday and Saturday and the back nine holes shall be restricted to Tuesday, Thursday and Sunday.
            3.   Irrigation of fairways, roughs and nonplaying areas on the first nine holes of the course shall be restricted to the hours of 12:01 a.m. to 7:00 a.m. on Saturday.
            4.   Irrigation of fairways, roughs and nonplaying areas on the last nine holes of the course shall be restricted to the hours of 12:01 a.m. to 7:00 a.m. on Sunday.
   (I)   The City Manager shall delegate enforcement responsibility for this Water Shortage Plan to the appropriate law enforcement agency, including its Code Enforcement Division, for the enforcement of all ordinances of the City, laws of the State, and of the United States. Additionally, the City Manager may implement an enforcement program specifically tailored to address the city’s need to enforce this Water Shortage Plan.
   (J)   It shall be unlawful for any person to violate or fail to comply with any provision of this Water Shortage Plan. Violation of any provision of the Water Shortage Plan shall be subject to the following penalties:
First Violation          Written Warning
Second Violations         $50.00 Fine
Third and Subsequent         Mandatory hearing before
Violations            the Special Magistrate for
                  Code Enforcement with fine
                  not to exceed $500.00, plus
                  costs, or prosecution in the
                  County Court with penalties
                  pursuant to § 10.99.
Each individual violation of this section shall constitute a separate offense. The city, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to emergency injunctive action, to enforce the provisions of this Water Shortage Plan. A violation shall be considered a first violation if no other violation of this section on the property by the same owner has occurred within two years of the date of the new violation.
   (K)   The City Manager shall have the authority to order conservation during periods when due to drought, mechanical failure, or inadequate facilities it is impossible to provide sufficient water to maintain adequate water pressure in the city’s water distribution system or when the withdrawal of water from the aquifer endangers the city’s water supply wells with salt intrusion.
   (L)   Rules for water usage shall be on file with the City Clerk. These rules shall become effective 24 hours after their release to the news media. After the rules become effective, they shall have the same authority as if stated herein and shall be enforced in the same manner as other ordinances.
   (M)   Other restrictions.
      (1)   It shall be unlawful for any person to violate or fail to comply with water use restrictions or other conditions imposed by the South Florida Water Management District, pursuant to Chapter 40E-21, F.A.C., or any other authorized state, federal or local government agency, upon the declaration of a water shortage or emergency by said agency.
      (2)   City's law enforcement officers and code enforcement inspectors shall be authorized to enforce any such water restrictions or conditions. Each individual violation of any restriction or condition shall constitute a separate offense.
      (3)   Violations of subsection (M)(1) above, shall be subject to the following penalties:
         (a)   First violation: A written warning.
         (b)   Second violation: $50.00 fine.
         (c)   Subsequent violations: Mandatory hearing before the Special Magistrate for Code Enforcement, with a fine not to exceed $500.00 plus costs, or prosecution in the County Court with penalties pursuant to § 10.99.
         (d)   No written warnings shall be issued for any first violation under subsection (a) above, which occurs during a declared Phase III or IV water shortage or modified restrictions under imposed under either, and any such violation shall instead be punishable by a $50.00 fine. Fines for any second violation under subsection (b) above shall be doubled for any such violation which occurs during such periods.
         (e)   (i)   A violation shall be deemed to constitute a second or subsequent violation even if any prior violation occurred during a different declared phase water shortage with other restrictions or conditions.
            (ii)   A violation shall be considered a first violation if no other violation of this section on the property, by the same owner, has occurred within two years of the date of the new violation.
      (4)   (a)   All violations in subsections (3)(a) and (b) above, not paid within the time specified on the citation shall be considered as appealed by the violator and shall be heard before the city's Special Magistrate for Code Enforcement.
         (b)   Upon a finding of violation by the Special Magistrate, costs of prosecution may be imposed in addition to any fines.
      (5)   In addition to the procedures contained herein, the city may take other appropriate legal action including, but not limited to seeking emergency injunctive relief to prevent additional violations of lawfully imposed water restrictions.
(‘58Code, § 49.09) (Ord.71-23, passed 5-11-71; Am. Ord. 81-71, passed 7-14-81; Am. Ord. 99-37, passed 4-13-99; Am. Ord. 2001-39, passed 2-13-01; Am. Ord. 2007-44, passed 3-27-07; Am. Ord. 2008-17, passed 1-8-08) Penalty, see §10.99