O-2021-021
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ORDINANCE NO. 2021-02
AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI
SHORES VILLAGE, FLORIDA, RELATING TO THE CODE OF
ORDINANCES, CREATING CHAPTER 23, "WATER
CONSERVATION"; PROVIDING FOR CONFLICTS,
CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the South Florida Water Management District (District) has
certain responsibility and authority within its jurisdiction under Chapter
373, Florida Statutes (F.S.), for regulating the consumptive use of water;
and
WHEREAS, the District amended Chapter 40E-24, F.A.C., requiring year-
round irrigation conservation measures; and
WHEREAS, Chapter 40E-24, F.A.C., applies to "users" as defined in
subsection 40E-24.101(14), F.A.C., including permitted and exempt users
under Chapter 40E-2, F.A.C.; and
WHEREAS, Chapter 40E-24, F.A.C., calls for year-round and permanent
landscape irrigation restrictions, separate and independent from water
shortage declarations, in accordance with Chapter 40E-21, F.A.C.; and
WHEREAS, Miami Shores Village wishes to implement procedures that
promote water conservation through the efficient use of landscape
irrigation
NOW, THEREFORE, BE IT ENACTED BY THE VILLAGE COUNCIL OF
MIAMI SHORES VILLAGE, FLORIDA, AS FOLLOWS:
Section 1.Conflicting Provisions. The Miami Shores Village Code of
Ordinances shall be amended as follows:
Chapter 23.- Water Conservation.
23.1 For purposes of this chapter the definitions set forth in Florida
Administrative code Section 40E 24.10 (as amended) shall apply.
23.2 Irrigation systems must be maintained to eliminate water loss due to
damaged, missing or improperly operating sprinkler heads, emitters, pipes and
all other portions of the irrigation system.
(1) Landscape irrigation shall be prohibited daily between the hours of 10:00
a.m. and 4:00 p.m., except as provided below.
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2 (2) Irrigation of existing landscaping shall comply with the following provisions:
4 a. Even -Numbered Addresses and rights -of -way, or other locations
5 without an address, may accomplish necessary landscape irrigation
6 only on Thursdays, and/or Sundays.
8 b. Odd -Numbered Addresses may accomplish necessary landscape
9 irrigation only on Wednesdays, and/or Saturdays.
10
11 (3) Irrigation of new landscaping shall comply with the following provisions:
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13 a. New Landscaping may be irrigated once on the day it is installed
14 without regard to the listed watering days and times. Irrigation of the
15 soil immediately prior to the installation of the new landscaping is
16 allowed without regard to the listed watering days and times.
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18 b. A ninety (90) day establishment period begins on the day new
19 landscaping is installed. The new landscaping shall be installed
20 within a reasonable time from the date of purchase, which may be
21 demonstrated with a dated receipt or invoice.
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23 c. Irrigation of new landscaping which has been in place for thirty (30)
24 days or less may be accomplished on Monday, Tuesday,
25 Wednesdav, Thursdav, Saturdav, and/or Sunday.
Wei
27 d. Irrigation of new landscaping which has been in place for thirty-one (31)
28 to ninety (90) days may be accomplished on Monday, Wednesday,
29 Thursday, and/or Saturday.
30
31 e. Irrigation of the new landscaping is limited to areas containing only the
32 new landscaping. An entire zone of an irrigation system shall only be
33 utilized for landscape irrigation under this subsection if the zone in
34 question is for an area that contains at least fifty percent (50%) new
35 landscaping. If a zone contains less than fifty percent (50%) new
36 landscaping, or if the new landscaping is in an area that will not
37 typically be irrigated by an irrigation system, only the individual new
38 plantings are eligible for additional irrigation. Targeted watering may
39 be accomplished by low volume hand watering, or any appropriate
40 method which isolates and waters only the new landscaping.
41
42 (4) Irrigation systems may be operated outside restricted days and/or times for
43 cleaning, testing, maintenance, and repair with an attendant on -site in the
44 area being cleaned, tested, maintained, or repaired. Landscape irrigation
45 systems may routinely be operated for such purposes no more than once
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per week, and the run time for any one (1) test should not exceed ten (10)
minutes per zone.
(5) Landscape irrigation for the purpose of watering -in fertilizers, insecticides,
pesticides, fungicides, and herbicides, where such watering -in is required
by the manufacturer, or by federal, state or local law, shall be allowed
under the following conditions:
a. Such watering -in shall be limited to one (1) application in the absence
of specific alternative instructions from the manufacturer; and
b. Such watering -in shall be accomplished during normal watering days
and times listed above unless a professional licensed applicator has
posted a temporary sign containing the date of application and the
date(s) of needed watering -in activity.
(6) Any plant material may be watered using low volume irrigation, micro -
irrigation, low volume hand watering methods, rain barrels, cisterns, or
other similar rain -harvesting devices without regard to the listed watering
days or times.
(7) In addition to any specific listed prohibited measures, all wasteful and
unnecessary water use for irrigation is prohibited.
(8) In the event the South Florida Water Management District imposes
restrictions on landscape irrigation for new and existing installations which
are more restrictive than those imposed by this Code, such as under the
declaration of a water shortage or water shortage emergency, the more
restrictive regulations shall apply for the applicable duration of the more
restrictive regulations.
(9) It shall be the duty of each user to keep informed as to the landscape
irrigation conservation measures within this Code, which affect each
particular water use.
(10) 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 Section 373.62, Florida Statutes.
Section 2.Conflicting Provisions. All Village Code Provisions, ordinances or
parts of ordinances, in conflict with the provisions of this ordinance are hereby
repealed but only to the extent of such conflict.
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Section 3. Severability. The provisions of this Ordinance are declared to be
severable, and if any sentence, section, clause or phrase of this Ordinance shall,
for any reason, be held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining sentences, sections, clauses or phrases of the
Ordinance, but they shall remain in effect it being the legislative intent that this
Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Codification. It is the intention of the Village Council and it is
hereby ordained that the provisions of this Ordinance shall become and be made
part of the Zoning Appendix to the Code of Ordinances of the Miami Shores
Village, Florida, that sections of this Ordinance may be renumbered or re -lettered
to accomplish such intentions, and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 5. Effective Date. This ordinance shall take effect immediately after
enactment, on second reading.
krch
PASSED and ENACTED this day of-Febru rq-2021.
First Reading:
Second Readi
Attest:
APPROVED AS
Richard Sarafan
Village Attorney
Crystal Wagar
Mayor
FINAL VGTE 5 AT AD6P-1 GN
Council Member Sean Brady
Yes
Council Member Stephen Loffredo
Yes
Council Member Jonathan Meltr
Yes
Vice -Mayor Alice Burch
Yes
Mayor Crystal Wagar
Yes
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