Article III. Water Shortage Regulations
Ord. No. 2001-06, 1--7, adopted March 13, 2001, not specifically amendatory of the Code, has been codified as ch. 8.7, art. III, 1-8.7-51--1-8.7-57, at the discretion of the editor. Cross references: Regulation of use of water during state of emergency, 1-2-59. State law references: Duty of county government and law enforcement officials to assist South Florida Water Management District in enforcement of F.S. ch. 373 and any rules adopted thereunder upon request by South Florida Water Management District, F.S. 373.609.
 


ORDINANCE SECTIONS






Sec. 1-8.7-51. Intent and purpose.

It is the intent and purpose of this article to protect the water resources of the county from the harmful effects of overutilization during periods of water shortage and allocate available water supplies by assisting Hendry County and the South Florida Water Management District in the implementation of their water shortage plan as described in F.A.C. 40E-21. (Ord. No. 2001-06, art. I, 1, 3-13-2001)

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Sec. 1-8.7-52. Definitions.
For the purpose of this article 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. District means the South Florida Water Management District.
Person means any person, firm, partnership, association, corporation, company, or organization of any kind. Water resource means 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 condition means 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 a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought. Water shortage emergency means that situation when the powers which can be exercised under part II of chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. (Ord. No. 2001-06, art. I, 2, 3-13-2001)
Cross references: Definitions and rules of construction generally, 1-1-2.


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Sec. 1-8.7-53. Applicability of article.
The provisions of this article shall apply to all persons using the water resource within the geographical areas 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 article shall not apply to persons using treated effluent or saltwater.
(Ord. No. 2001-06, art. I, 3, 3-13-2001)


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Sec. 1-8.7-54. Declaration of water shortage or water shortage emergency.
The declaration of a water shortage or water shortage emergency within all or any part of the county by the Hendry County Board of County Commissioners, district governing board or the district executive director shall invoke the provisions of this article. Upon such declaration all water use restrictions described in F.A.C. 40E-21 or other measures adopted by the district applicable to the county, or any portion thereof, shall be subject to enforcement action pursuant to this article.
(Ord. No. 2001-06, art. I, 4, 3-13-2001)


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Sec. 1-8.7-55. Enforcement.
Every police officer or sheriff having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article. In addition the county administrator may also delegate enforcement responsibility for this article to agencies and departments of county government, or cities in the service areas governed by this article, in accordance with state and local law.
(Ord. No. 2001-06, art. I, 5, 3-13-2001)


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Sec. 1-8.7-56. Penalties.
(a) Violation of any provision of this article shall be subject to the following penalties:
(1) First violation: $25.00.
(2) Second and subsequent violations: Fine not to exceed $500.00 and/or imprisonment in the county jail not to exceed 60 days.
(b) Each day in violation of this article 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. The county, 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 article.
(Ord. No. 2001-06, art. I, 6, 3-13-2001)


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Sec. 1-8.7-57. Acceptance of provisions of article by water users.
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 this article. The acceptance of water service shall be in itself the acceptance of the provisions thereof.
(Ord. No. 2001-06, art. I, 7, 3-13-2001)

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