O-479-85 ORDINANCE NO. - 479-85
AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA
PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER
SHORTAGE PLAN OF THE SOUTH FLORIDA WATER MANAGE-
MENT DISTRICT; PROVIDING DEFINITIIONS; PROVIDING
FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a water shortage or water shortage emergency
may be declared from time to time by the South Florida Water Management
District affecting Miami Shores Village; and
WHEREAS, during such water shortage condition the amount
of surface and groundwater supplies may become insufficient to meet cur-
rent or anticipated demands; and
WHEREAS, upon the existence of such conditions it becomes
imperative to the public well being that certain uses of water be restricted
or curtailed and that available water resources be allocated; and
WHEREAS, the South Florida Water Management District has
primary responsibility under Chapter 373, Florida Statutes , for regulating
water use and allocating available water supplies during periods of water
shortages; and
WHEREAS, the South Florida Water Management District has
adopted a "Water Shortage Plan", codified as Chapter 40E-21, Florida
Administrative Code, for the purpose of allocating and conserving the
water resource during periods of water shortage And maintaining a uniform
approach towards water use restriction; and
WHEREAS, the South Florida Water Management District has
requested the assistance of Miami Shores Village in the enforcement of
the provisions of the "Water Shortage Plan"; and
WHEREAS, it is the desire of the Village Council of
Miami Shores Village to provide the South Florida Water Management
Districts with all possible assistance in the enforcement of the provisions
of the "Water Shortage Plan" during a water shortage or water shortage
emergency; and
WHEREAS, Section 373.609, Florida Statutes, provides
that it shall be the duty of the county/municipal governmental and law
enforcement officials to assist the South Florida Water Management
District in the enforcement of Chapter 373, Florida Statutes, and any
rules adopted thereunder, upon request by the South Florida Water
Management District.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL
OF MIAMI SHORES VILLAGE, FLORIDA:
Section 1. INTENT AND PURPOSE
1.01 It is the intent and purpose of this ordinance to
protect the water resources of Miami Shores Village from the
harmful effects of overutilization during periods of water
shortage and allocate available water supplies by assisting the
South Florida Water Management District in the implementation of
its Water Shortage Plan.
Section 2. DEFINITIONS
2.01 For the purpose of this Ordinance 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
%hall " is always mandatory and not merely directory.
(a) "District" is the South Florida Management District.
(b) "Person" is any person, fi M partnership, association,
corporation, company, or organization of any kind.
(c) "Water resource" means any all water on or beneath
the surface of the ground, including natural or arti-
ficial water courses, lakes, ponds, or diffused surface
water, and water percolating, standing, or flowing be-
neath the surface of the ground.
(d) "Water shortage condition" is 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.
(e) "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
w6lfare, or the health of animals, fish or aquatic
life, or a public water supply, or commercial industrial
agricultural , recreational or other reasonable uses.
SECTION 3. APPLICATION OF ORDINANCE
3.01 The provisions of this ordinance 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 ordinance shall not apply to
persons using treated effluent or saltwater.
Section 4. AMENDMENTS TO WATER SHORTAGE PLAN
4.01 Chapter 40E-21, Florida Administrative Code, as same
may be amended from time to time, is incorporated herein by ref-
erence as a part of the Miami Shores Village Code.
Section 5. DECLARATION OF WATER SHORTAGE; WATER
SHORTAGE EMERGENCY
5.01 The declaration of a water shortage or water shortage
emergency within all or any part of Miami Shores Village by the
Governing Board or the Executive Director of the District shall
invoke the provisions of this Ordinance. Upon such declaration
all water use restrictions or other measures adopted by the Dis-
trict applicable to Miami Shores Village, or any portion thereof,
shall be subject to enforcement action pursuant to this Ordinance.
Any violation of the provisions of Chapter 40E-21, Florida
Administrative Code, or any other issued pursuant thereto, shall
be a violation of this Ordinance.
Section 6. ENFORCEMENT
6.01 Every police officer or sheriff having jurisdiction
in the area governed by this Ordinance shall , in connection with
all other duties imposed by law, diligently enforce the provisions
of this Ordinance. In addition, the Village Manager may also dele-
gate enforcement responsibility for this Ordinance to agencies and
departments of Village government.
Section 7. PENALTIES
7.01 Violation of any provisions of this Ordinance shall be
subject to the following penalties:
First violation $25.00
Second and subsequent Fine not to exceed $500
violations and/or imprisonment in
the County jail not to
exceed 60 days
Each day in violation of this Ordinance shall constitute a separate
offense. In the initial stages of a water shortage or water
shortage emergency, law enforcement officials may provide vi6lators
with no more than one written warning. The Village, in addition
to the criminial sanctions contained herein , may take any other
appropriate legal action, including but not limited to emergency
injunctive action, to enforce the provisions of this Ordinance.
Section 8. ORDINANCES REPEALED
8.01 All ordinances or parts of ordinances in conflict
herewith be and the same hereby repealed.
Section 9. SEVERABILITY
9.01 If any section, sentence, clause or phrase of this
Ordinance is held to be invalid or unconstitutional byaqyCourt of
competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this Ordinance.
Section 10. -INCLUSION IN CODE
10.01 It is the intention of the Board of Village Council
that the provisions of this Ordinance shall become and be made a part
of the Miami Shores Village Code; and that the sections of this
Ordinance may be renumbered or relettered and the word "ordinance"
may be changed to "section'"' "article"" or such other appropriate
word or phrase in order to accomplish such intentions.
Section 11. EFFECTIVE DATE
11.01 This Ordinance shall take effect upon passage by
Village Council .
PASSED AND DULY ADOPTED by the Village Council of Miami
Shores Village, Florida this 7th day of May 1985.
441) A")
Karen Kirb�
Mayor
ATTEST:
L . R. Forney, Jr.
Village Clerk
_7
B y : A-/-,,�1, �
D�pu6y7llerk
Vil,lage Attorney