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Item 8BAGENDA ITEM # 8B DECEMBER 10, 2007 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Water Shortage and Conservation Ordinance 80-08-75 SUBMITTED BY: Donna Kaluzniak, Utility Director DATE: December 3, 2007 BACKGROUND: T'he City has an existing ordinance relating to water shortages and conservation measures that is now inconsistent with St. Johns River Water Management District (SJRWMD) Rules. This revised ordinance will parallel the SJRWMD Water Conservation and Landscape Irrigation regulations to ensure the City is complying with state requirements. The revised ordinance will eliminate the language regazding specific watering days north and south of Plaza and allow water users to choose their own irrigation days. In the event of a water shortage emergency, or if the City is exceeding the water usage allowed in the Consumptive Use Permit, any restrictions required by the SJRWMD will be implemented and enforced through the Code Enforcement Boazd. BUDGET: This ordinance will have no impact on budget. RECOMMENDATION: Direct staff to prepare the ordinance for adoption. ATTACHMENTS: 1. Copy of proposed ordinance 80-08-75. REVIEWED BY CITY MANAGER: ~`,~ AGENDA ITEM # 8B DECEMBER 10, 2007 ORDINANCE NO. 80-08-75 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, ECTION 22-39 WATER SHORTAGES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, the City's water supply is a critical resource, necessary for drinking, household and commercial use, irrigation and fire protection. WHEREAS, from time to time, the potential for a water shortage exists due to drought or other circumstances. WHEREAS, conservation of water resources to meet the needs for public health and fire protection are of utmost importance. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, that; 1. Chapter 22 Utilities, of the Code of Ordinances of the City of Atlantic Beach, Florida is hereby amended to read as follows: Article II, Waterworks System: Sec. 22-34. Water shortages and conservation. (a) Prohibition or curtailment of certain nonessential uses generally. The prohibition or curtailment of certain nonessential uses of water shall be restricted or curtailed as set forth by this section and shall be effective only during a water shortage as declared to exist by the St. Johns River Water Management District. Lam--Irrigation of lawns generally~~e~ee~ie~r. Irrigation of lawns shall be allowed no more than two days per week per zone or as set forth by the St. Johns River Water Management District (SJRWMD). Irrigation of lawns is prohibited between 9:8910:00 a.m. and b:984:00 p.m., unless determined otherwise by the SJRWMD. ~) Rain sensors rec,~uired. Persons irrigating; with an automatic lawn irri atg ion system installed after May 1991 shall install, maintain and berate a rain sensor device or switch that overrides the systern when adequate rainfall has occurred. AGENDA TI'EM # 8B DECEMBER 10, 2007 (d) Exceptions to prohibitions. 'The following are exceptions to the watering restrictions: (1) Discharge of water from awater-to-air air-conditioning_unit or other water-dependent cooling svstem is not limited. (-1~--a. Anyone watering a lawn by heat pump which does not have a secondary discharge source shall present proof of this situation and obtain a permit from the city manager's office identifying the situation; {fi}b. The city manager shall devise a system to identify owners of heat pump air conditioning unit watering systems and the city clerk is authorized to charge a reasonable administrative fee to defray any expenses incurred. ~2) Two-dam-a-week irrigation limitations do not apply to golf course fairwaygreens, tees and roughs, agricultural crops, nursery_,plants or high-use recreational areas such as ball fields. Consumptive use permits typicall~re~ulate these es of irrigation. ~3) Irrigation using a micro-im atg ion (dripZsystem is allowed an ime. ~4) Irrigation of new landscape is allowed at any time of day on any day for the initia130 days and every other day for the next 30 days for a total of one 60-damperiod, provided that the irrigation is limited to the minimum amount necessary for establishment. (5) Watering in of chemicals, includinginsecticides, pesticides, fertilizers fungicides and herbicides when required by law, the manufacturer or best management practices, is allowed anytime within 24 hours of application. (6) Irrigation sXstems can be operated anytime for maintenance and repair purposes not to exceed 10 minutes per hour per zone. (7) Irrigation using a hand-held hose equipped with a spray nozzle that can be adjusted so water flows only as needed is allowed anytime. ~8) The use of water from a reclaimed water system is allowed anytime A reclaimed water svstem includes systems in which the AGENDA ITEM # 8B DECEMBER 10, 2007 primarYsource is reclaimed water, which may or may not be supplemented from another source during_peak demand_periods. ~9) The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not aug~rlented from any ground or off-site surface water, or public supply sources. (10) Three darner week irrigation is allowed by those that have obtained a Standazd General Permit from SJRWMD, and submitted a copy of such permit to the City. • • • . ~ •~ ~ + ~ + T *~u o~-ascrrvx-irrr~cscrvn-iirzrio-bx'ofiizir"j~v TA A YY r-=crn-~, vrnun faflfII zczr l[L Y.~ , tA~ °`~~, ntio "~ +f,rT b , ° ':,, „t,:I.;+ea~ n ~ ~ ~.nn .,~,..,_.,~a o,,,.., t,~*, : ~ rrj- ~gu .. .. e ., > > "; > > > (e) Additional conservation measures. Should the ac~~ conservation measures listed in pazagraph (sb) fail to achieve compliance with the p~ietconsumntion limitations_n_ the City's Consumptive Use Permit as issued by the SJRWMD ,the city manager shall implement any or all of the following further water conservation measures as needed: AGENDA ITEM # 8B DECEMBER 10, 2007 (1) The washing of sidewalks, walkways, driveways, pazking lots, tennis courts, and all other hard-surfaced areas by hosing or by use of water directly from faucets or other outlets, is prohibited except it shall not be unlawful to wash such areas from water contained in a bucket or container not exceeding three-gallon capacity; (2) The washing of motor vehicles, trailers, or boats by hosing or by use of water directly from faucets or other outlets, is prohibited except: a. It shall not be unlawful to wash such motor vehicles, trailers, or boats from water contained in a bucket or container not exceeding three-gallon capacity; and b. This subsection shall not be applicable to the washing of motor vehicles, trailers, or boats at commercial vehicle washing facilities operated at fixed locations; (3) Swimming pools will not be filled or refilled using city water; (4) No water will be permitted to be used from fire hydrants for any construction work or fire drills. SECTION 2. Severability 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 3. Effective Date This Ordinance shall take effect upon its final passage and adoption. Passed by the City Commission on first reading this Day of December, 2007 Passed by the City Commission on first reading this Day of December, 2007 AGENDA ITEM # 8B DECEMBER 10, 2007 John S. Meserve Mayor /Presiding Officer Approved as to form and correctness: Alan C. Jensen, Esquire City Attorney ATTEST: Donna Bussey City Clerk