2001-05 ORDINANCE NO. 2001-05
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
AMENDING THE CITY CODE OF AVENTURA BY
AMENDING ARTICLE VII "WATER REGULATIONS" OF
CHAPTER 30 "ENVIRONMENT" BY CREATING SECTION
30-200 "LOCAL IMPLEMENTATION OF THE WATER
SHORTAGE PLAN OF THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT"; PROVIDING DEFINITIONS;
PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDING FOR INCLUSION IN THE CODE; REPEALING
ANY INCONSISTENT PROVISIONS; 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 City of
Aventura; and
WHEREAS, during such water shortage condition the amount of surface and
groundwater supplies may become insufficient to meet current 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 shortage; 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 restrictions; and
Ordinance No. 2001-05
Page 2
WHEREAS, the South Florida Water Management District has requested the
assistance of the City of Aventura in the enforcement of the provisions of the "Water
Shortage Plan", and
WHEREAS, it is the desire of the City Commission to provide the South Florida
Water Management District 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 county/municipal governmental and law enforcement officials to assist the South
Florida Management District in the enforcement of Chapter 373, Florida Statutes, and
any rules adopted thereunder, upon request by the South Florida Water Management
District; and
WHEREAS, the City Commission hereby finds and declares that adoption of this
ordinance is necessary, appropriate, and in the public interest of citizens of this
community.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Code of the City of Aventura is hereby amended by
amending Article VII "Water Regulations" of Chapter 30 "Environment" by creating
Section 30-200 "Local Implementation of the Water Management Plan of the South
Florida Water Management District" to read as follows:
Ordinance No. 2001-05
Page 3
Section 30-200. Local Implementation of the Water
Management Plan of the South Florida Water Management
District.
A. Intent and Purpose
It is the intent and purpose of this section to protect the water
resources of the City from the harmful effects of over-
utilization 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.
B. Definitions
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.
"District" is the South Florida Water Management District.
"Person" is any person, firm, partnership, association,
corporation, company, or organization of any kind.
Ordinance No. 2001-05
Page 4
"Water resource" means any and all water on or beneath the
surface of the ground, including natural or artificial water
courses, lakes, ponds, or diffused surface water, and water
percolating, standing, or flowing beneath the surface of the
ground.
"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.
"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.
C. Application
The provisions of this Section shall apply to all persons using
the water resource within the geographical areas subject to
the "water shortage" or "water shortage emergency," as
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Ordinance No. 2001-05
Page 5
determined by the District, 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 effluent or saltwater.
D. Amendments to Water Shortage Plan
Chapter 40E-21, Florida Administrative Code, as it may be
amended from time to time, is incorporated herein by
reference as a part of the City Code.
E. Declaration of Water Shortage; Water Shortage
Emergency
The declaration of a water shortage or water shortage
emergency within all or any part of City by the Governing
Board or the Executive Director of the District shall invoke the
provisions of this Section. Upon such declaration all water use
restrictions or other measures adopted by the District
applicable to City, 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 order issued pursuant thereto, shall be a
violation of this section. The City Manager is hereby
authorized and required to declare the existence of a water
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Ordinance No. 2001-05
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shortage and impose water restrictions in accordance with the
District's Water Shortage Plan.
F. Enforcement
The City's Community Development Department, Code
Compliance Division shall, upon notification by the City
Manager, in connection with all other duties imposed by law,
diligently enforce the provisions of this Ordinance. In addition,
the City Manager may also delegate enforcement
responsibility for this Ordinance to other Departments of City
government.
G. Penalties
Violation of any provision of this article shall be subject to the
following penalties:
First violation $25.00
Second and
subsequent violations Fine not to exceed
$500 and/or
imprisonment in the
County jail not to
exceed 60 days
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Each day in violation of this section shall constitute a separate
offense. In the initial stages of a Water shortage or Water
shortage emergency, Code Compliance officials may provide
violators with no more than one written warning. 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
section.
F. Water Users to Accept Provisions of Article
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.
Section 2. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word
Section 3. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
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Ordinance No. 2001-05
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Section 4. If any section, sentence, clause or phrase of this Ordinance is held
to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this Ordinance.
Section 5. This Ordinance shall take effect immediately upon adoption.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. The motion was seconded by Commissioner
Perlow, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg absent
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on second reading. The motion was seconded by Commissioner
Berger, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 6th day of February, 2001.
PASSED AND ADOPTED on second reading this 13th day of March, 2001.
Ordinance No. 2001-o5
Page 9
PASSED AND ADOPTED on second reading this 13th day of March, 2001.
ATTESt: i
IER[SA M. SORO,~ CUe
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIenCY:
CITY ATTORNEY