HomeMy WebLinkAboutOrdinance No. 02-2010ORDINANCE NO. 02-2010
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA; CREATING CHAPTER 91, LANDSCAPE
IRRIGATION, OF THE CITY CODE TO PROVIDE FOR
LOCAL IMPLEMENTATION OF ST, JOHNS RIVER WATER
MANAGEMENT DISTRICT WATER CONSERVATION
RULE FOR LANDSCAPE IRRIGATION; PROVIDING
DEFINITIONS; PROVIDING LANDSCAPE IRRIGATION
SCHEDULES; PROVIDING EXCEPTIONS TO THE
LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR
VARIANCES FROM THE SPECIFIC DAY OF THE WEEK
LIMITATIONS; PROVIDING FOR APPLICABILITY AND
ENFORCEMENT; PROVIDING FOR PENALTIES;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE
DATE,
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the St. Johns River Water Management District has responsibility and
exclusive authority under Chapter 3 73, Florida Statutes, for regulating the consumptive use of water;
and
WHEREAS, the St. Johns River Water Management District has amended Rule 40C- 2.042,
F.A.C., its general consumptive use permit by rule, which regulates small irrigation uses below
consumptive use permit thresholds in Rule 40C- 2.041(1), F.A.C.; and
WHEREAS, Rule 40C- 2.042(2)(a), F.A.C., grants a general permit to each person located
within the District to use, withdraw or divert water for small landscape irrigation uses, provided that
irrigation occurs in accordance with the required landscape irrigation schedules and other requirements,
subject to the exceptions to the required landscape irrigation schedules set forth herein; and
WHEREAS, Rule 40C- 2.042(2), F.A.C., applies to landscape irrigation regardless of
whether the water comes from ground or surface water, from a private well or pump, or from a
public or private utility; and
WHEREAS, Rule 40C- 2.042(2)(b), F.A.C., strongly encourages a local government to adopt
an ordinance to enforce Rule 40C- 2.042(2)(a), F.A.C., within its jurisdiction by adopting a landscape
irrigation ordinance that incorporates each of the provisions set forth in Rule 40C- 2.042(2)(a),
F.A.C.; and
WHEREAS, it is the desire of the City Council of the City of Cape Canaveral, Florida to
adopt such an ordinance in accordance with 40C- 2.042(2)(a) and (b), F.A.C.; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
City of Cape Canaveral
Ordinance No. 02 -2010
Pagel of 6
Canaveral.
BE IT QRDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 91 of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended as follows (underlined type indicates additions and strii�co�tt type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in Chapter 91. It is intended that the text in Chapter 91 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 91. . LANDSCAPE IRRIGATION
Sec. 91 -1. Definitions.
The following words terms and phrases, when used in this article shall have the meanings
ascribed to them in this Chu ter exce t where the context clearly indicates a different meanin
Address means the house number of a M ysical location of a s ecific pro This includes
"rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park
or similar communily used by the U.S. Postal Service to determine a delivery location the lot
number shall be the roe 's address. An "even numbered address" means an address end* in
the numbers 0 2 4 6, 8 or the letters A -M. An "odd numbered address" means an address endin
in the numbers 1 15 9 or the letters N--Z.
District means the St. Johns River Water Management District.
Verson means gR erson firm mrtnershim association co oration company or
org anization of any kind.
Landsca e irrigation means the outside watering of plants in a landsca a such as shrubbe
trees lawns ass round covers plants, vines ardens and other such flora that are situated in such
diverse locations as residential areas ublic commercial and industrial establishments and public
medians and ri hts -of -wa . "Landscape irrigation" does not include agricultural crops., nurse
Wants, cemeteries alf course g reens, tees fairwa s , primary rou hs and vegetation associated with
recreational areas such as football baseball and soccer fields.
Residential landsca e irri ation means the irri gation of landsca a associated with an
housin g unit havinja sanitga and kitchen facilities designed to accommodate one or more residents
including multi le housing units and mobile homes.
Nonresidential landscape irri ation means the irrigation of landsca a not included within
o
the definition of "residential landsca a irri ation " such as that associated with public. commercial
and industrialprg commercial or transient housing units hotel and motel units and
public medians and rights-of-
City of Cape Canaveral
Ordinance No. 02
Page 2 of 6
Sec. 91 -2. A licabili ly; purpose and intent,
The provisions of this Chapter shall apply to each person located within the City of 02pe
Canaveral The purpose and intent of this Chapter is to implement procedures that - promote water
conservation through more efficient landscape irrigation.
Sec. 91 -3. Landscape Irrigation Schedules.
Caj When Da 1i ht Savings Time is in effect landscape irrigation shall occur onIv in
irripati
accordance with the following n
.- _ . „ .. ,... ,_._'.. � schedule
1. Residential landscape irrijzation at odd numbered addresses or no address
may occur only on Wednesday and Saturday and shall not occur between
. 10: 0 0 m a and 4 • — �-
a:: n
_ 00.1?; m., and
2. Residential landscape ir at even numbered addresses may occur only
on Thursday and Sunday and shall not occur between 10:00 a.m. and 4 :00
p. m.; and
3. Non - residential landsca a irrigation mav occur onIv on Tuesday and Frida
and shall not occur between 10: a.m. and 4: p.m.• � and
_• - � � � . _ � w .�� ur .+ irr_ i_ w_ �_ �_ i_. rr� .`i_i�._�_�_�_r.._��.�_wrr�r�w w�.._w_. _�
4. No more than 3 /4 inch of water may be applied per irrigation zone on each day_
that irrigation occurs, and in no event shall irrigation occur for more than 1
hour per irrigation zone on each day _that irrigation occurs
When Eastern Standard Time is in effect, landscape irrigation shall ,occur only in
accordance with the following
1rriization schedule:
1. Residential landscape irritation at odd numbered addresses or no address
may occur only on Saturdgy and shall not occur between 10:00 a.m. and 4:00
.m.. and
2. Residential landsca a irri ation at even numbered addresses mgy occur onl
on Sunda and shall not occur between 10:00 a.m. and 4:00 .m. • and
3. Non - residential landsca a irrigation mgy occur only on Tuesda y and shall not
occur between :0 a
a.
10:00 m. and 4 ..;
. ...... .. ._,,.� m
�? and
4. No more than 3 /4, inch of water m_ay applied per irrlation zone on each day
that irrigation occurs and in no event shall irri gation occur for more than 1
hour per irrigation zone on each da that irrigation occurs.
Lc) All landscape irrigation shall be limited in amount to only that necessary to meet
landscape needs.
Sec. 91 -4. Exceptions to the Landscape Irrigation Schedules.
Lal Landsca e irrigation shall be subject to the following irrigation schedule exceptions:
City of Gape Canaveral
Ordinance No. 02 -2010
Page 3 of 6
1. Irrigation usin�a micro -spra , micro -jet, drip or bubbler irrieation system is
allowed anytime.
2. Irrigation of new landscape is allowed at any time of day on any day for the
initial 30 days and every other day for the next 30 days for a total of one 60
daY nenod, provided that the irrigation is limited to the minimum amount
necessary for such landscape establishment
3. Watering in of chemicals including insecticides pesticides, fertilizers
fungicides, and herbicides when required by law the manufacturer, or best
management . practices, is allowed at any time of day on any &Lwjthin 24
hours of application. Waterine m of chemicals shall not exceed 1/4 i nch of
water per application except as otherwise re uired b law, aw the manufacturer
or best management practices
4. Irrieation systems may be operated at anytime of damson any day for
maintenance and repair ppooses not to exceed 20 minutes Qer hour per zone
5. Irrigation using ahand -held hose eqUiVped with an automatic shut-off nozzle
is allowed at any time of day on any day
6. Discharge of water from awater -to -air air - conditioning unit or other water
dependent cooling sum is not limited
7. The use of water from a reclaimed water stem is allowed an)jime For the
purpose of this Chanter, a reclaimed water system includes stems in which
the primary source is reclaimed water, which may may not be
supplemented from another source during peak demand periods
8. The use of recycled water from wet detention treatment ponds for irrigation
is allowed anytime provided the pon ds are not augmented from any round
or off -site surface water or public supply sources
Sec. 91 -5. Required irrigation system technol�
Anv verson who Durchases and installs an automatic landsca e irrigation s stem must
ro
erly install maintain and o erate technoIny that inhibits or interru is operation of the s stem
during periods of sufficient moisture.
Sec. 91- 6, Variance from s ecific day of the week limitations.
Upon request by any person, a variance from the sp ecific landscaue irrigation days or day set
forth in Section 91 -3 maybe eranted by the City Manager of the City of Cape Canaveral or the City
Manner's designee, if strict a pplication of th e scheduled days or day would lead to unreas
or unfair results in particular instances provided that s the a,�plicant demonstrates with particularity
that compliance with the scheduled da or da y will result in a substantial economic h ealth or oth er
hardshro on the applicant requesting the variance or those served by the applicant Where a
contiguous property is divided into different zones a variance maybe gran ted hereunder so that each
zone may be irrigated on different days or day than other zones of the property. However, in no
City of Cape Canaveral
Ordinance No. 02 -2010
Page 4 of 6
event shall a variance allow a single zone to be irrigated more than two days per week during
Daylight Savings Time or more than one daY per week during Eastern Standard Time.
Sec 91 -7. Enforcement and penalties.
The terms of this Chanter may be enforced in accordance with the provisions of Chanter 2,
Article VI of the Cim, Code of Ordinances entitled Code Enforcement, and F.S. Ch. 162.
Notwit Section 2 -291 of this Code violations of anv provision of this Chanter may
be subject to the following penalties:
First violation:
Second violation:
Third violation:
Subseciuent violations:
Written Warning
20.00
$ 50-00
Fine not to exceed $100.00
Each day in violation of this Chanter may constitute a separate offense.
Enforcement officials shall provide violators with no more than one written
warni I n addition to the civil sanctions contained herein, the City of Cane
Canaveral may take any other qpnropriate legal action, including, but not limited
to, injunctive action to enforce the provisions of this Chanter.
Section 3. Repeal of Prior Inconsistent ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
' urisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
J
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No. 02 -2010
Page 5 of 6
ADOPTED b y City the Ci Council of the City of Cape Canaveral, Florida, this 2 n day of
March, 2 010 .
' � J
ATTEST:-
f ,
MIA GOF Act W - City_ Jerk
First Reading: February 16, 2010
Legal Ad published: February 20, 2010
Second Reading: March 2, 2010
C=e40 r-
ROCKY RANDELS, ayor
For Against
Bob Hoog
Second
Buzz Petsos
X
Rocky Randels
x
C. Shannon Roberts
Motion
Betty Walsh
X
Approved legal form and sufficiency for
the Ci e anaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 02 -2010
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