ORDINANCE NO. 93-030
A COUNTYWIDE ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA TO BE KNOWN AS THE PALM BEACH COUNTY WATER AND IRRIGATION CONSERVATION ORDINANCE; PROVIDING FOR A SHORT TITLE; APPLICABILITY; AUTHORITY; PROVIDING A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTIONS; PROVIDING EXEMPTIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR VARIANCE RELIEF; PROVIDING FOR REPEAL AND REPLACEMENT OF ORDINANCE NUMBER 91-52, AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes (County Government) authorizes the Board of County Commissioners to enact those regulations necessary for the health, safety and welfare of the citizens and visitors of Palm Beach County; and
WHEREAS, the rapid growth of Palm Beach County has placed and continues to place a substantial strain on the water resources of the County; and
WHEREAS, it is the policy of Palm Beach County to conserve and protect its valuable and critical water resources; and
WHEREAS, the South Florida Water Management District has developed a "Water Conservation Plan", for the conservation and distribution of water resources; and
WHEREAS, it is the intent and policy of the Board of County Commissioners of Palm Beach County to ensure the continued health, safety, welfare, and quality of life for the existing and future residents and visitors to Palm Beach County by assisting in the conservation of its water resources; and
WHEREAS, the Board of County Commissioners of Palm Beach County finds that it is in the best interests of citizens of Palm Beach County to enact a countywide ordinance imposing permanent restrictions on landscape irrigation; and
WHEREAS, on December 17, 1991, the Board of County Commissioners of Palm Beach County enacted Ordinance Number 91-52, a countywide ordinance imposing permanent restrictions on landscape irrigation; and
WHEREAS, Ordinance Number 91-52 provided for enforcement through the Groundwater and Natural Resources Protection Board; and
WHEREAS, enforcement of water restrictions may be made more efficient through the use of a citation system; and
WHEREAS, Section 162.21, Florida Statutes (1991) provides local governing bodies with an additional and supplemental means of enforcing county codes and ordinances, through the use of a citation system; and
WHEREAS, Ordinance Number 90-45, as amended, implements the provisions of Section 162.21, Florida Statutes (1991), and establishes a citation system for Palm Beach County Codes and Ordinances; and
WHEREAS, use of the citation system will allow the imposition of civil penalties for violation of the provisions of the Water and Irrigation Conservation Ordinance; and
WHEREAS, the imposition of civil penalties for violations of the Water and Irrigation Conservation Ordinance will protect the water resources of the County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that:
Section 1. SHORT TITLE; APPLICABILITY; AUTHORITY
1.01 This Ordinance shall be known as the "Palm Beach County Water and Irrigation Conservation Ordinance".
1.02 All provisions of this Ordinance shall be effective within the unincorporated areas of Palm Beach County, Florida, as well as those incorporated areas not subject to municipal regulation in this area, and shall set restrictions, constraints and prohibitions to enhance the County's water resources and provide a permanent water conservation measure. Unless otherwise provided, nothing in this Ordinance shall be construed to relieve any person from compliance with any applicable regulations enacted by the County or any municipality, district or other political subdivision of the State of Florida.
1.03 This Ordinance is adopted under the authority of
Article VIII, Section 1(g) of the Florida Constitution,
Chapter 125, Florida Statutes (1991), and the Palm Beach County Charter.
Section 2. PURPOSE
This purpose of this Ordinance is to establish a regulatory framework and guidance document which will help ensure that water and landscape irrigation conservation will be consistent throughout Palm Beach County.
Section 3. DEFINITIONS
3.01 The following definitions shall apply within this Ordinance.
(a) Agriculture. The growing of farm products including, but not limited to, sugar cane, vegetables, citrus and other fruits, pasture land, sod or nursery stock including, but not limited to, ornamental foliage and greenhouse plants.
(b) Code Enforcement Officer/Code Inspector. Any authorized agent or employee of the County whose duty is to ensure compliance with the provisions of this Ordinance, including, but not limited to, law enforcement officers and designated employees of the Department of Environmental Resources Management, Cable Television, Water Utilities and Planning, Zoning and Building.
(c) 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.
(d) Irrigation. The direct application of water by means other than precipitation.
(e) Irrigation systems. Equipment and devices 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.
(f) Person. Includes any natural person, individual,
public or private corporation, firm, association, joint venture,
partnership, municipality, governmental agency, political
subdivision, public officer or any other entity whatsoever, or any combination of such, jointly or severally.
Section 4. RESTRICTIONS
4.01 Irrigation of any residential, commercial, institutional, governmental or industrial landscape areas shall be restricted to the hours of 5:00 P.M. to 9:00 A.M.
4.02 It shall be unlawful to operate or cause the operation of any irrigation system or device in a manner causing water to be wasted, including, but not limited to, unnecessary watering of impervious areas, other than that which may occur incidental to the proper operation of the primary irrigation system.
4.03 Upon the effective date of this Ordinance, new installations of automatic irrigation systems shall be equipped with a water sensing device which will automatically discontinue irrigation during periods of rainfall.
Section 5. EXEMPTIONS
The following activities shall be exempt from the provisions of this Ordinance:
5.01 Landscape irrigation by hand watering using a self-canceling nozzle.
5.02 Landscape irrigation by systems from which the sole source is treated wastewater effluent.
5.03 The operation of irrigation systems for system repair and maintenance.
5.04 Flushing of water mains required for normal water main clearance and maintenance and for maintenance of water quality; however, where practical, contractors and utilities shall direct flushed water into pervious areas, flush at the minimum rate
necessary for cleaning and disperse the water in such a manner to benefit local vegetation.
5.05 Landscape irrigation for purposes of watering 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.
5.06 Landscape irrigation for the purpose of watering in newly planted grass and foliage for the first forty-five days after initial installation.
5.07 Irrigation activity for dust emissions required by court or administrative action.
5.08 Agricultural irrigation where the use of water is permitted by a consumptive or water use permit issued by the South Florida Water Management District.
Section 6. ENFORCEMENT
6.01 Failure to comply with the requirements of this Ordinance shall constitute a violation of a County Ordinance, and may be punished as provided by Section 125.69(1), Florida Statutes.
6.02 Violations of the provisions of this ordinance may also be punished, pursuant to Section 162.21, Florida Statutes, as a civil infraction with a maximum civil penalty not to exceed five hundred dollars ($500.00), as set forth in Ordinance Number 90-45, as amended - the Code Enforcement Citation System Ordinance.
6.03 Each day in violation of the provisions of this Ordinance shall constitute a separate offense.
6.04 In addition to the sanctions contained herein, the county may take appropriate action, including but not limited to administrative action and requests for temporary and permanent injunctions, to enforce the provisions of this Ordinance.
6.05 All monies collected pursuant to this Ordinance shall be deposited in the Palm Beach County Pollution Trust Fund or such other place as may be designated by Resolution of the Board of County Commissioners.
Section 7. VARIANCE RELIEF
7.01 Any person affected by the provisions of this Ordinance
may make application to the County Administrator, 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 with the general intent and purpose of this Ordinance. Any application for variance or appeal shall be sent by certified mail, return receipt requested.
7.02 Upon received an application for variance, the County Administrator, or his designee, shall render a decision on the variance within ten (10) working days. Denials of variance relief may be appealed to the Environmental Ordinance Appeals Board within twenty (20) days of such person's receipt of the notice of denial.
7.03 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 property owner pursuant to the provisions of this ordinance.
Section 8. REPEAL OF LAWS IN CONFLICT
8.01 This Ordinance repeals and replaces Ordinance Number 91-52.
8.02 All local laws and ordinances enacted by the Board of County Commissioners of Palm Beach county, applying to the unincorporated and incorporated areas of Palm Beach County in conflict with any provisions of this Ordinance are hereby repealed to the extent of any conflict.
Section 9. SEVERABILITY
If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by the Court to be
unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance.
Section 10. INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provision of this Ordinance shall become and be made a part of the code of laws and ordinances of Palm Beach County, Florida. The Sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word.
Section 11. EFFECTIVE DATE
The provisions of this ordinance shall become effective upon receipt of acknowledgement by the Secretary of State.
APPROVED AND ADOPTED by the Board of County Commissioners of Palm Beach County, on the ________________day of __________________, 19________.
PALM BEACH COUNTY, FLORIDA,
BY ITS BOARD OF COUNTY COMMISSIONERS
MILTON T. BAUER, CLERK
By: Deputy Clerk
APPROVED AS TO FORM AND
Acknowledgement by the Department of State of the State of Florida, on this, the _______ day of ______________________, 19_______.
EFFECTIVE DATE: Acknowledgement from the Department of State received on the _____ day of ______________, 19_______, at ______________________.M. and filed in the Office of the Clerk of the Board of County Commissioners of Palm Beach County, Florida.