§ 32-8.1. Water shortage emergency restrictions.

(a)

Intent and purpose. It is the intent and purpose of this section to protect the water resources of Miami-Dade County 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.

(b)

Definitions. For the purpose of this section 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.

(1)

District is the South Florida Water Management District.

(2)

Person means any person, firm, partnership, association, corporation, company, or organization of any kind.

(3)

Water resource means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground.

(4)

Water shortage condition means that situation when sufficient water is not available to meet the 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.

(5)

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.

(c)

Application of section. The provisions of this section shall apply to all persons using the water resource within the geographical areas subject to the water shortage condition or water shortage emergency, as determined by the District, whether from publicly or privately owned water utility systems, private wells, or private connections with surface water bodies. This section shall not apply to persons using treated effluent or saltwater.

(d)

Adoption of water shortage plan. Chapter 40E-21, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by reference as part of the Code of Metropolitan Miami-Dade County, Florida.

(e)

Declaration of water shortage condition; water shortage emergency. The declaration of a water shortage condition or water shortage emergency within all or any part of Miami-Dade County by the governing Board of the District or the Executive Director of the District shall invoke the provisions of this section. During such water shortage emergency or water shortage condition, all water use restrictions or other measures adopted by the District applicable to Miami-Dade County, or any portion thereof, shall be subject to enforcement action pursuant to this section. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this section.

Notwithstanding any provision of this Code, the following shall be prohibited in Miami-Dade County upon declaration of a water shortage condition or water shortage emergency by the governing Board of the District or the Executive Director of the District:

(1)

Serving of water from any public or private well, water supply or distribution system to any customer of a restaurant unless specifically requested by the customer.

(2)

Operation of outdoor fountains or outside aesthetic facilities whose purpose is strictly ornamental or decorative.

(3)

Pressure cleaning of impervious services, except for the preparation of surfaces for painting, sealing or waterproofing, or for safety, sanitation, health or medical purposes.

These restrictions shall remain in effect for the duration of the declared water shortage condition or water shortage emergency.

(f)

Enforcement. Every police officer or sheriff having jurisdiction in the area governed by this section shall, in connection with all other duties imposed by law, diligently enforce the provisions of this section. In addition, the County Manager may also delegate enforcement responsibility for this section to agencies and departments of County government, and as permitted by law, to cities in the service areas governed by this section, in accordance with State and local law.

(g)

Penalties. Violation of any provision of this section shall be subject to the following penalties:

First violation: Seventy-five dollar ($75.00) fine.

Second and subsequent violations: Fine not to exceed five hundred dollars ($500.00) and/or imprisonment in the County Jail not to exceed sixty (60) days.

Each day in violation of this section shall constitute a separate offense. In the initial stages of a water shortage condition or water shortage emergency, law enforcement officials may provide violators with no more than one (1) written warning. The County, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to emergency prohibitory and mandatory injunctive action, to enforce the provisions of this section.

(h)

Water users to accept provisions of section. No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this section. The acceptance of water service shall be in itself the acceptance of the provisions thereof.

(Ord. No. 85-25, § 2, 4-16-85; Ord. No. 91-18, § 2, 2-19-91; Ord. No. 01-73, § 1, 4-10-01)

Editor's note

With the adoption of Ord. No. 81-54, on May 7, 1981, as amended in its entirety by 81-57, adopted May 19, 1981, the County enacted water shortage emergency procedures to take effect upon declaration of an emergency by the South Florida Water Management District as long as such emergency exists. Section 3 of Ord. No. 85-25 repealed both Ord. No. 81-54 and Ord. No. 81-57.