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Ordinance No. 80-08-75ORDINANCE NO. 80-08-75 AN ORDINANCE AMENDING CHAPTER 22 UTILITIES, ARTICLE II, SECTION 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. 22-39. 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 or as otherwise directed by the St. Johns River Water Management District. (b) Irrigation of lawns generally. 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 10:00 a.m. and 4:00 p.m., unless determined otherwise by the SJRWMD. (c) Rain sensors required. Persons irrigating with an automatic lawn irrigation system installed after May 1991 shall install, maintain and operate a rain sensor device or switch that overrides the system when adequate rainfall has occurred. (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 system is not limited. The City's Utility Department shall keep a record of known addresses where such units are in use. (2) Two-day-a-week irrigation limitations do not apply to golf course fairways, greens, tees and roughs, agricultural crops, nursery plants, or high-use recreational areas such as ball fields. Consumptive use permits typically regulate these types of irrigation. (3) Irrigation using amicro-irrigation (drip) system is allowed anytime. (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-day period, provided that the irrigation is limited to the minimum amount necessary for establishment. (5) Watering in of chemicals, including insecticides, 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 systems can be operated anytime for maintenance and repair purposes, not to exceed 10 minutes per hour per zone. (7) Irrigation using ahand-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 system includes systems in which the primary source 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 augmented from any ground or off-site surface water, or public supply sources. (10) Three day per week irrigation is allowed by Ordinance No. 80-08-75 2 those that have obtained a Standard General Permit from SJRWMD, and submitted a copy of such permit to the City. (e) Additional conservation measures. Should the conservation measures listed in paragraph (b) fail to achieve compliance with the consumption limitations in 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: (1) The washing of sidewalks, walkways, driveways, parking 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. Ordinance No. 80-08-75 3 SECTION 3. Effective Date This Ordinance shall take effect upon its final passage and adoption. Passed by the City Commission on first reading this 14th day of January, 2008 ~assed by the City Commission on first reading this 28+1. day of January, 2008 Officer Approved as to form and correctness: ~F"f A C. ensen, Esquire i orney ATTEST: pV/G'~n/-2Q Donna L. Bussey, CMC City Clerk Ordinance No. 80-08-75 4