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ORDINANCE 2006- 104
AN EMERGENCY ORDINANCE OF THE CITY OF TAMPA, FLORIDA,
PROVIDING FOR SEVERE EMERGENCY MEASURES IN RESTRICTING
WATER USE AND CURTAILING NONESSENTIAL USES OF WATER;
PROVIDING FOR ENFORCEMENT AND PENALTIES; SUSPENDING THE
PROVISIONS OF
CITY OF TAMPA CODE CHAPTER 26, SECTION 97,
DURING THE EFFECTIVE PERIOD OF THIS ORDINANCE;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tampa is responsible for providing
water service to the citizens of Tampa, Florida and portions
of unincorporated Hillsborough County; and
WHEREAS, rainfall deficit, decreased water flow in the
Hillsborough River and significant increases in irrigation
demands, are causing the Hillsborough River Reservoir
supplying the City and surrounding areas to decline at
approximately one and one-half times the desired rate at
this point in the dry season; and
WHEREAS, the existence of local water supply shortage
conditions makes it imperative and necessary that certain
nonessential uses of water be restricted or curtailed and
that available water resources be conserved in order to
protect the health, safety and general welfare of the
citizens of the City of Tampa; and
WHEREAS, the City Council of the City of Tampa, upon
recommendation of the Mayor, found that an acute local water
supply shortage existed, and it was in the best interest of
all users of water to temporarily curtail their use of the
present water resources; and
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA,
FLORIDA:
Section 1. The recital clauses set forth above are
hereby adopted and incorporated herein by reference. Based
upon the extreme emergency conditions set forth therein, the
following provisions shall be observed, followed and
enforced in the City of Tampa:
A. Application. The provisions of this
emergency ordinance shall apply to all customers of the City
of Tampa System, within the corporate limits of the City and
to customers outside the corporate limits of the City, to
the extent permitted by law, and to all other users of water
inside the City using public or private water supplies for
any purpose.
B. Restriction of
water uses.
(a) Irrigation of established
landscaping and turf shall be permitted one day per week as
follows:
1. At even-numbered addresses, or
addresses ending in the letters A-M, only on Tuesdays;
2. At odd-numbered addresses,
or addresses ending in the letters N-Z, only on Sundays;
3. At locations with no address, including medians, right of
ways and common areas only on Sundays;
4. Irrigation is prohibited between the hours of 8:00 a.m.
to 6:00 p.m. on permitted days and is prohibited at all
times on Mondays, Wednesdays, Thursdays, Fridays and
Saturdays, except as specifically exempted herein.
(b) Irrigation for establishment
of new turf and landscaping shall
be permitted during the hours permitted in (a) above, for
thirty (30) days beginning on the day the new plant material
was installed. Watering days for the thirty (30) day
establishment period are as follows:
1. For the first fifteen (15) days of the 30 day period,
watering is not restricted to the watering days listed in
(a) above.
2. For the last fifteen (15) days of the 30 day
period, watering is limited to alternating days as follows:
a. At even numbered addresses, or
addresses ending in the letters A-M, only on even-numbered
days of the month.
b. At odd numbered addresses, or
addresses ending in the letters N-Z, only on odd-numbered
days of the month.
Watering during the (30) day establishment period is limited
to areas containing new plant
materials only. An entire zone of an irrigation system
may only be used for the establishment period watering if
the zone in question is for an area that contains at least
50% new plant material. If a zone contains less than 50% new
plant material, or if the new plant material is in an area
that will be typically not be watered by an irrigation
system, only the new plant material may be watered during
the thirty (30) day establishment period by hand watering,
or any method which isolates and waters only the new plant
material.
(c) Low volume irrigation and
low volume hand watering of new and established non-turf landscaping shall not be
restricted. Low volume hand watering of lawn areas is
restricted to designated day and times for that address.
(d) All wasteful and grossly
inefficient water use shall be restricted.
(e) Irrigation systems may be
operated for cleaning and maintenance purposes during
restricted hours with an attendant on site and in the area
being tested. Operation of the system for cleaning and
maintenance purposes is limited to five (5) minutes per zone
per week. An attendant must be on site and visible
throughout the entire cleaning and maintenance operation.
(f) The use of water for cooling and air conditioning
shall be restricted to that amount of water necessary to
maintain a minimum temperature of 78 degrees Fahrenheit.
Discharge of water from a water-to-air air conditioning unit
shall be to pervious surfaces and shall be accomplished
through irrigation systems, where feasible and appropriate.
(g) Irrigation for purposes of watering-in of insecticides,
fungicides; herbicides and fertilizer is restricted to
designated days and times for irrigation for that address
except for applications by a professional who is in the
business of applying such products for remuneration, so long
as a dated chemical advisory marker is posted on the
landscape.
(h) Properties which cannot meet the conditions of this
section due to any of the following conditions:
1. Properties which have irrigation systems with one or more
irrigation zones which water both odd and even addresses at
the same time; or
2. Two (2) or more properties which share a common source of
water which, due to source limitations (e.g. a single well),
cannot meet the irrigation requirements of all properties
served by this source within the day/hours specified by this
section; or
3. Properties of five (5) or more irrigable acres which,
because of the amount of irrigated area, cannot efficiently
irrigate all zones within the days/hours specified in this
section; shall develop alternative irrigation schedules that
allow no additional amount of water as that provided by the
restrictions herein. Such schedules shall be comprised of,
at a minimum, a site map depicting all irrigation zones and
a written description of the days upon which each zone may
be operated. Each zone may be operated no more frequently
than once per week. All irrigation is prohibited between
8:00 a.m. to 6:00 p.m. Persons responsible for the control
of such irrigation systems shall maintain said plan and
shall submit such plan to the Director of the Water
Department or designee. Such plan must be dated and signed
by the person responsible for the control of the irrigation
system.
(i) All individual users and groups of users of water
located within the City, whether from surface withdrawal or
from wells, shall fully comply with all restrictions or
other conservation measures imposed by the City.
(j) Commercial establishments which sell plants may irrigate
only in a non-wasteful manner as necessary to maintain plant
health and all applicable best management practices should
be followed by commercial nurseries.
(k) The washing of automobiles, trucks, trailers, railroad
cars, mobile homes, campers, boats, or any other type of
mobile vehicles or equipment, shall be permitted provided a
hand held device with an automatic
shut-off valve or nozzle is used or a business
enterprise established for such purpose is used.
(l) Car washing conducted by charitable (not-for-profit)
organizations for fundraising purposes is prohibited unless
done so at the premises of a commercial car washing facility
which recycles water to minimize water use. Such car washing
conducted by a charitable (not-for-profit) organization on
the premises of a commercial car washing facility must
recycle its water through the same operation as used by the
commercial car washing facility where the charitable car
washing operation is occurring.
(m) Pressure washing of buildings and other structures for
maintenance and painting purposes using
low volume methods shall not be
restricted. The washing or low volume
pressure washing of sidewalks, streets, driveways and
other non-pervious areas shall be prohibited except for
public health and safety.
(n) Water use for outdoor recreation where the water runs
continuously, except for recreational facilities or
businesses using recirculating water, shall be prohibited.
(o) The filling of swimming pools not using a filter and
recirculating system shall be prohibited.
(p) Outdoor aesthetic uses of water, such as decorative
water fountains and features, shall be prohibited unless
such fountains or features are
recirculating types and provide a necessary aeration
and/or water quality benefit.
(q) The operation of decorative water fountains or features
using reclaimed water is not
restricted. A sign stating "using reclaimed water" must be
posted next to the decorative water fountain or feature.
(r) Irrigation with reclaimed water
is not restricted, however the reclaimed water shall not be
used in any wasteful and unnecessary
manner.
(s) Any and all uses of water related to fire prevention and
fire extinguishment are not restricted.
(t) The Director shall have the authority to promulgate
rules and regulations pertaining to water use restrictions
not inconsistent with those promulgated by the
Southwest Florida Water Management District or with the
provisions of Chapter 40D-21, F.A.C., as now or hereafter
amended. Any user who violates such rules or regulations or
who refuses to comply with a directive from an officer
enforcing such rules and regulations shall be deemed to have
violated this section.
C. Variances from water use restrictions.
(a) General. Users of water resources may request
relief from the applicable provisions of this section by
filing a petition for variance with the City. The following
provisions on variances shall apply to petitions for
variances filed with the City.
(b) Criteria for issuance. No petition for variance
shall be granted unless the petitioner affirmatively
demonstrates that one or more of the following circumstances
exist:
1. The variance is essential to protect public health or
safety;
2. Compliance with this section will require measures
which, because of their extent or cost impose undue
hardship, cannot be accomplished within the anticipated
duration of the shortage or will not ensure equitable
distribution;
3. Alternative restrictions which achieve the same level of
demand reduction as the restrictions from which a variance
is sought are available and are binding and enforceable.
a. These alternative restrictions shall be summarized within
a short term water reduction plan, prepared by the
petitioner, to be submitted to the Director for
consideration.
b. Any user who has submitted a short-term water reduction
plan in compliance with the City's emergency rules and
regulations shall, upon approval, be bound by such plan
unless good cause exists for changes to such plan and the
plan is amended accordingly.
(c) Petitions for variance. The petition shall be
filed with the Director
and contain the following:
1. The petitioner's name, address, telephone number and
address of property for which the petition for variance is
being sought;
2. The specific section of the code, ordinance, rules or
regulations from which the petitioner is requesting relief;
3. A detailed statement of the facts which the
petitioner believes demonstrates that the request qualifies
for a variance, which may include reports by qualified
technical experts;
4. A description of the relief desired;
5. The period of time for which the variance is sought,
including the reasons and facts in support thereof;
6. The damage or harm resulting or which may
result to petitioner from compliance with the code,
ordinance, rules or regulations;
7. The restrictions which petitioner can meet and the
date when petitioner can comply with such restrictions;
8. A short-term water use reduction plan, describing
any and all alternative reductions implemented in lieu of
the restrictions for which variance is sought, if
applicable;
9. The steps the petitioner is taking to meet the code,
ordinance, rules, regulations or specific restrictions from
which the variance is sought and when compliance will be
achieved; and
10. Any other information the petitioner believes is
material.
(d) Southwest Florida Water Management District. The
rules, regulations, and orders promulgated from time to time
by the
Southwest Florida Water Management District which are
more stringent than the provisions of this section are
hereby adopted by reference and made part hereof and shall
be subject to the same enforcement and penalty provisions of
this section. In case of the more stringent rules, a
petition for variance shall be filed with the District.
D. Appeals. Any person aggrieved by the
provisions and summary enforcement of this emergency
ordinance, and any person who would suffer a hardship to
their health, safety or welfare or to their business shall
first petition the
Director of the Water Department for a variance or
waiver of specific provisions contained in this emergency
ordinance and, if relief is granted by said Director, shall
comply with the conditions, if any, specified by the terms
of the Director's decision. In the event the Director denies
the variance or waiver requested, the person shall have the
right to appeal, in writing, the Director's decision within
five (5) working days thereafter to the
City Council of the City
of Tampa.
E. Definitions.
Except as defined hereunder, the definitions found in
Florida Administrative Code (FAC), Chapter 40D-21, Water
Shortage Plan, as now or hereafter amended, are hereby
adopted and made applicable to this section:
Back
to Section 1B (Restrictions)
City means the City of Tampa, Florida.
Director means the Director of the City of Tampa
Water Department.
District means the Southwest Florida Water Management
District.
Even-numbered address means the house address, box
number or rural route ending in the numbers 0, 2, 4, 6, 8 or
the letters A-M, or at locations with no address at the
even-numbered side of the street. Post office box numbers
are not included.
Landscaping means ground cover plants, shrubs, trees
or other vegetation excluding turf or lawns.
Lawn or Turf means lawn grasses, including but not
limited to, St. Augustine, Bahia, Bermuda or Zoysia that are
mowed.
Low volume hand watering means a hose which shall be
fitted with an automatic shut-off nozzle.
Low volume irrigation means devices which apply a
maximum of thirty (30) gallons per hour per emitter.
Low volume pressure washing means the use of a device
that dispenses water at a minimum of one thousand p.s.i.
(pounds per square inch) at a maximum of five gallons per
minute. Using a hose fitted with an automatic shutoff nozzle
is not considered a low volume pressure washing method.
Manager means the manager of the water conservation
program.
Odd-numbered address means the house address, box
number or rural route ending in the numbers 1, 3, 5, 7, 9 or
the letters N-Z, or at locations with no address at the
odd-numbered side of the street. Post office box numbers are
not included.
Person means any individual; religious organization;
club; firm; society; partnership; association; or public
profit or non-profit corporation.
Wasteful and unnecessary
use of water shall include but not be limited to:
(a) allowing water to be dispersed without any practical
purpose to the water user, regardless of the type of water
used;
(b) allowing water to be dispersed in a grossly inefficient
manner, regardless of the time of the water use;
(c) allowing water to be dispersed to accomplish a purpose
for which water use is unnecessary or which can be readily
accomplished through alternative methods without water use.
Water means water taken from any groundwater system
(wells and springs), surface water system (lakes, reservoirs
or other impoundments), or public water supply.
Back
to Section 1B (Restrictions)
Section 2. Enforcement and
Penalties.
A. Enforcement of water use restrictions.
(a) Pursuant to Florida Statutes §166.0415(2), any person
who violates the provisions of this emergency ordinance
shall not receive a warning and shall immediately receive a
citation in writing. A violation of this section is a civil
infraction and shall be enforced under the
City of Tampa Supplemental Enforcement Procedures Ordinance
(Chapter 23.5 of this Code). Each and every violation of
this section shall constitute a separate offense.
(b) Mandatory court appearances are required for all third
and subsequent violations of any City of Tampa Emergency
Ordinance restricting water use; except if a user has not
violated the provisions of any effective ordinance
restricting water use for three (3) consecutive years from
the date of the previous violation, the next violation will
be considered that user's first offense. The citation shall
clearly inform the user of the mandatory court appearance.
Defendants required to appear in court do not have the
option of paying the penalty instead of appearing in court.
(c) In addition, the City may enforce this section by any
action at law and in equity, including actions for
injunctive relief and, if the City prevails in any such
action, the City shall be entitled to its costs and
reasonable attorneys' fees.
(d) For purposes of discharging the duties imposed by this
section, including investigation of possible violations and
for enforcing its provisions, a code enforcement officer is
empowered to enter without authority of any court of
competent jurisdiction upon any private property, except any
dwelling house, structure, or fenced enclosure. A code
enforcement officer shall be immune from prosecution for
reasonable, good faith trespass upon private property, as
provided in Florida Statutes § 810.12(5).
(e) The Director shall have all powers, duties and
responsibilities to administer and enforce all provisions of
this section and shall be deemed to be an officer for the
purpose of enforcing the provisions of this section under
authority provided in Chapter 26, Section 5, of this Code.
Any action to be taken by the Director pursuant to the
enforcement of any section herein shall be considered
cumulative and in addition to penalties and to other
remedies provided elsewhere by ordinance or law. The
Director shall have the right of entry upon real property
and shall be immune from prosecution, civil or criminal, for
trespass upon real property while in the discharge of the
enforcement duties delineated herein. The same immunity
shall inure to his authorized designees in connection with
such enforcement. It shall be unlawful for any person to
oppose, obstruct or resist the Director or his designees in
the discharge of the duties as provided in this section.
(f)
Hillsborough County shall have enforcement powers in the
City's service area outside the City's corporate limits
unless and until these powers are delegated by the County to
the City.
(g) If a violation of this ordinance occurs and the user
cannot be readily identified because the violation was
caused by an in-ground irrigation system or a hose-end
sprinkler attached to a hose bib, the user whose name
appears on the utility account shall be considered the
violator of this ordinance as the entity that controls the
use of water resources on that property; or if the in-ground
system or the hose-end sprinkler is part of or attached to a
private well system, then the property owner shall be
considered the violator for the same reasons.
Section 3. Water conservation fund. To the
extent permitted by law, all funds collected from penalties
paid for violations of this section shall be remitted to the
City's Director of Revenue and Finance and deposited in the
Water Department's water conservation fund. All monies in
the water conservation fund shall be used only for water
conservation activities of the Water Department.
Section 4. All ordinances or parts of ordinances in
conflict herewith, specifically Chapter 26, Section 97, are
hereby suspended during the effective period of this
Emergency Ordinance, and shall remain suspended during the
effective period of this ordinance.
Section 5. If any part of this emergency ordinance
shall be declared unconstitutional or invalid in a court of
competent jurisdiction, the remaining provisions shall
remain in full force and effect.
Section 6. This emergency ordinance shall become
effective immediately upon becoming law and shall remain in
effect until the emergency conditions no longer exist and
this emergency ordinance is repealed by the City Council.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF
TAMPA, FLORIDA, ON MAY 04 2006
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