Ordinance 85-2474 ORDINANCE NO. 85-2474 .
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH AMENDING CHAPTER 45 OF THE
MIAMI BEACH CITY CODE BY THE ADDITION OF AN
ARTICLE II , SECTIONS 45-22 THROUGH 45-29
PROVIDING FOR LOCAL IMPLEMENTATION OF THE
WATER SHORTAGE PLAN OF THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT; PROVIDING DEFINITIONS;
PROVIDING FOR APPLICATION OF ORDINANCE;
PROVIDING FOR ENFORCEMENT AND PENALTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
EMERGENCY ENACTMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a water shortage or water shortage emergency
may be declared from time to time by the South Florida Water
Management District affecting the City of Miami Beach; and
WHEREAS, during such water shortage condition the amount
of surface and groundwater supplies may be insufficient to meet
current or anticipated demands; and
WHEREAS, upon the existence of such conditions it
becomes imperative to the public well being that certain uses of
water be restricted or curtailed and that available water
resources be allocated; and
WHEREAS, the South Florida Water Management District has
primary responsibility under Chapter 373 , Florida Statutes, for
regulating water use and allocating available water supplies
during periods of water shortage; and
WHEREAS, the South Florida Water Management District has
adopted a "Water Shortage Plan, " codified as Chapter 40E-21,
Florida Administrative Code, for the purpose of allocating and
conserving the water resource during periods of water shortage and
maintaining a uniform approach towards water use restrictions; and
WHEREAS, the South Florida Water Management District has
requested the assistance of the City of Miami Beach in the
enforcement of the provisions of the "Water Shortage Plan" ; and
WHEREAS, it is the desire of the City Commission of the
City of Miami Beach to provide the South Florida Water Management
District with all possible assistance in the enforcement of the
provisions of the "Water Shortage Plan" during a water shortgage
or water shortage emergency; and
WHEREAS, Section 373. 609 , Florida Statutes, provides
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
that it shall be the duty of municipal governmental and law
enforcement officials to assist the South Florida Water Management
District in the enforcement of Chapter 373 , Florida Statutes, and
any rules adopted thereunder , upon request by the South Florida
Water Management District,
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section 1.
Sec. 45-22 . Intent and Purpose.
It is the intent and purpose of this ordinance to protect the
water resources of the City of Miami Beach from the harmful
effects of overutilization during periods of water shortage and
allocate available water supplies by assisting the South Florida
Water Management District in the implementation of its Water
Shortage Plan.
Section 2 .
Sec. 45-23. Definitions.
For the purposes of this Ordinance, 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. The word
"shall" is always mandatory and not merely directory.
a. "District" is the South Florida Water Management
District.
b. "Person" is any person, firm, partnership,
association, corporation, company, or organization of any kind.
c. "Water resource" means any and all water on or
beneath the surface of the ground, including natural or artificial
water courses, lakes, ponds, or diffused surface water , and water
percolating, standing , or flowing beneath the surface of the
ground.
d. "Water shortage condition" is when sufficient water
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
is not available to meet present or anticipated needs of persons
using the water resource, or when conditions are such as to
require temporary reduction in total water usage within a
particular area to protect the water resource from serious harm.
A water shortage usually occurs due to drought.
3 . "Water shortage emergency" means that situation when
the powers which can be exercised under part II of chapter 40E-21,
Florida Administrative Code, are not sufficient to protect the
public health, safety, or welfare or the health of animals, fish
or aquatic life, or a public water supply, or commercial,
industrial, agricultural, recreational or other reasonable uses.
Section 3 .
Sect. 45-24 . Application of Ordinance.
The provisions of this ordinance shall apply to all persons using
the water resource within the geographical areas subject to the
"water shortage" or "water shortage emergency" as determined by
the District, whether from public or privately owned water utility
systems, private wells, or private connections with surface water
bodies. This ordinance shall not apply to persons using treated
effluent or saltwater.
Section 4 .
Sec. 45-25. Amendments to Water Shortage Plan.
Chapter 40E-21, Florida Administrative Code, as same may be
amended from time to time, is incorporated herein by reference as
a part of the Miami Beach City Code.
Section 5 .
Sec. 45-26 . Declaration of Water Shortage; Water Shortage
Emergency.
The declaration of a water shortage or water shortage emergency
within all or any part of Miami Beach by the Governing Board of
the Executive Director of the District shall invoke the provisions
of this ordinance. Upon such declaration, all water use
restrictions or other measures adopted by the District applicable
to Miami Beach, or any portion thereof, shall be subject to
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
enforcement action pursuant to this ordinance. Any violation of
the provisions of Chapter 40E-21, Florida Administrative Code, or
any order issued pursuant thereto, shall he a violation of this
ordinance.
Section 6.
Sec. 45-27. Enforcement.
Every police officer or sheriff having jurisdiction in the area
governed by this ordinance shall, in connection with all other
duties imposed by law, diligently enforce the provisions of this
Ordinance. In addition, the City Administrator may also delegate
enforcement responsibility for this ordinance to agencies and
departments of the Miami Beach city government, or cities in the
service areas governed by this ordinance in accordance with state
and local law.
Section 7.
Sec. 45-28 . Penalties.
Violation of any provision of this ordinance shall be subject to
the following penalties:
First violation: $25. 00
Second and subse- Fine not to exceed $500 and/or
quent violations: imprisonment in the County jail
not to exceed 60 days
Each day in violation of this ordinance shall constitute a
separate offense. In the initial stages of a water shortage or
water shortage emergency, law enforcement officials may provide
violators with no more than one written warning. The City, in
addition to the criminal sanctions contained herein, may take any
other appropriate legal action including, but not limited to,
emergency injunctive action, to enforce the provisions of this
ordinance.
Section 8 .
Sec. 45-29. Water Users to Accept Provisions of Ordinance.
No water service shall be furnished to any person by a public or
private utility unless such person agrees to accept all the
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
provisions of this ordinance. The acceptance of water service
shall be in itself the acceptance of the provisions thereof.
Section 9. Repealer.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
Section 10 . 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 11. Declaration of Emergency.
This Commission does hereby declare that an emergency exists and
that immediate enactment of this ordinance is necessary and by no
less than five-sevenths vote of the membership of the Commission
does hereby waive notice of intent to consider this ordinance.
Section 12 . Inclusion in Code.
It is the intention of City Commission of the City of Miami Beach
that the provisions of this ordinance shall become and be made a
part of the Miami Beach City Code and that the sections of this
ordinance may be renumbered or relettered and the word "ordinance"
may be changed to "section, " "article, " or such other appropriate
word or phrase in order to accomplish such intentions.
Section 13 . Effective Date.
This ordinance shall be immediately certified by the City Clerk to
the Department of State and shall take effect upon receipt of
official acknowledgment to this office that it has been filed.
PASSED and ADOPTED this 17th day of April, 1985, as an
emergency measure.
Mayor _
Attest:
.feetiLe .12_. / ` , f_ FORM APP y.l.�,�
City Clerk
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
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