The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 03-2009 No Action TakenDISCUSSED AT 11/17/2009 COUNCIL MEETING. NO ACTION TAKEN IN 2009. ORDINANCE NO. 03-2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; 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 OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the St. Johns River Water Management District has responsibility and exclusive authority under Chapter 373, 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 that 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 Sections 3 and 5, subject to the exceptions set forth in Section 4; 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, Brevard County, 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, Brevard County, Florida hereby finds and declares that the adoption of this ordinance is appropriate, and in the public interest of the citizens of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA: Section . Sections through , Code of Ordinances, are hereby created to read: WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION Section 1. INTENT AND PURPOSE It is the intent and purpose of this Ordinance to implement procedures that promote water conservation through more efficient landscape irrigation. Section 2. DEFINITIONS For the purpose of this Article, 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. (a) "Address" means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers O, 2, 4, 6, S or the letters A -M. An "odd numbered address" means an address ending in the numbers 1, 3 5, 7, 9 or the letters N -Z. (b) "District" means the St. Johns River Water Management District. (c) "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. (d) "Landscape irrigation" means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights -of -way. "Landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball and soccer fields. (e) "Residential landscape irrigation" means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. -2- t "Non- residential landscape irrigation" means the irrigation of landscape not included within the definition of `residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights -of -way. Section 3. LANDSCAPE IRRIGATION SCHEDULES 1. When Daylight Savings Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation 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 C. Non- residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and d. No more than 3I 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. 2. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10 :00 a.m. and 4 :00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and C. Non - residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m, and 4:00 p.m.; and d. No more than 3/ 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. 3. All landscape irrigation shall be limited in amount to only that necessary to meet landscape needs. Section 4. EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES Landscape irrigation shall be subject to the following irrigation schedule exceptions: -3 - l . Irrigation using a micro- spray, micro jet, drip or bubbler irrigation 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 period, 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 day within 24 hours of application. Watering in of chemicals shall not exceed 1/ inch of water per application except as otherwise required by law, the manufacturer, or best management practices. 4. Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per zone. 5. Irrigation using a hand -held hose equipped with an automatic shut -off nozzle is allowed at any time of day on any day. 6. Discharge of water from a water -to -air air - conditioning unit or other water- dependent cooling system is not limited. 7. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, 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. 8. 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. Section 5. ADDITIONAL REQUIREMENT Any person who irrigates landscape with an automatic lawn sprinkler system installed after May 1, 1991, shall install, maintain and operate a rain sensor device or switch that overrides the irrigation system when adequate rainfall has occurred. Section 6. VARIANCE FROM SPECIFIC DAY OF THE WEED LIMITATIONS A variance from the specific landscape irrigation days or day set forth in Section 3 may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days or day than other zones of the property. However, in no 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. Section 7. APPLICATION of ORDINANCE The provisions of this ordinance shall apply to each person located within the City of Cape Canaveral. For local governments located in more than one water management district, an interagency agreement between the two districts pursuant to §3 73.046(6), will be needed to use this ordinance throughout the local government jurisdiction. ■ r' M it ■ r 0 NJ r 4,ft r - rr rr e x a mple: w 1 4 - ■ - '■ be r � - ■ / ■ ■ / f ■ ■ r ■ 1 M 0 1 it; W xv / HIM a h r.■ Ilk do WMV w / r . ■ / r r! 7s71 ■ i ! ■ oI ■ ■ w • t w ■ w ■ • w ■ • w ■ ■ r I ■ 1 r r ■ ! w ■ • ■ ■ A ■ ■ ■ r w 2 r M A ■ + k ; ■ ■ r r ■ I A ■ ■ ~ ■ ■ w. r s ■ A ■ V w NINE w ■ ■ ■ ■ A ■ A w MIN AL M ■ r ■ r - Y w ■ V r ■ i 1 ■■ ■ ■ N Z ■■ ■ ■ . ■ a �r ■_ - - -- - - r r � Section 10. CODIFICATION Codification of this ordinance is hereby directed and authorized. -5- Section 11. ORDINANCES REPEALED The local government should list here any previous ordinances pertaining to landscape irrigation, water shortage, or other water use that conflicts with this Ordinance, District rules or Part H, Chapter 3 73, Florida Statutes. Sections through , Code of Ordinances, are hereby repealed. Section 12. 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 13. EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND DULY ADOPTED by the City Council of City of Cape Canaveral, Brevard County, Florida this day of , 2009. ATTEST: Susan Stills, CITY CLERK Anthony A. Garganese, CITY ATTORNEY First Reading: Legal Ad Published: Second Reading: Rocky Randels, MAYOR FOR AGAINST Bob Hoog Buzz Petsos Rocky Randel s Shannon Roberts Betty Walsh