§ 32-171. Definitions; applicability of Article provisions; disclaimer of liability; right of access of public officers and employees; offenses and penalties.

The following definitions shall apply in this Article:

(1)

Authorized shall mean acting under or pursuant to a written contract, license, permit, instruction or other evidence of right issued by the Board or the Manager or his designee.

(2)

Board shall mean the Board of County Commissioners of Miami-Dade County, Florida.

(3)

County shall mean the County of Miami-Dade in the State of Florida.

(4)

Department shall mean the Miami-Dade Water and Sewer Department.

(5)

Director shall mean the administrative head of the Miami-Dade Water and Sewer Department, the assistant or acting Director, appointed by the County Manager.

(6)

Law Enforcement Officer shall mean any person employed and vested with the police power of arrest under federal, State or County authority.

(7)

Operational directives shall refer to instructions, directives, rules and regulations pertaining to the operation of the Miami-Dade Water and Sewer Department prepared and promulgated from time to time by the Director. When approved by the Board of County Commissioners, these operational directives shall have the same force and effect as County ordinances.

(8)

Person shall be as defined in Section 1.01(3), Florida Statutes, and shall include municipal, governmental and public bodies and their agents, when such bodies or agents are using the water and sewer facilities.

(9)

Restricted area shall mean any sensitive area operated, maintained or occupied by WASD that is deemed to have critical security or public safety status by the Director.

(10)

WASD shall mean the Miami-Dade Water and Sewer Department.

(11)

WASD Facility shall include, but not be limited to, water treatment and supply plants, wastewater treatment plants, office buildings, wellfields, pump stations, and any other facility operated, maintained or occupied by WASD.

32-171.1 Applicability of Article IX of Chapter 32 provisions.

(a)

Any permission granted to a person, corporation, partnership, or other legal entity by the Board, County Manager or Director, directly or indirectly, expressly or by implication, to enter upon a WASD facility or restricted area, is conditioned upon compliance with this Article and operational directives and the payment of any and all fees or charges established and payable to the County; such fees and charges shall include any and all fees or charges established or approved by the Board or the County Manager and entry on WASD property by any person shall be deemed to constitute an agreement by such person to comply with such rules and regulations and to pay any such fees and charges.

(b)

It shall be unlawful for any person to do or commit any act forbidden by or to fail to perform any act required by these rules and regulations or to fail to pay any fees established and payable pursuant to this Article.

(c)

The Department, through its Director, may from time to time cause to be issued operational directives applicable to WASD property. If any such operational directive contains a requirement that fees and charges be paid for any operation or use of a WASD facility or property as defined in the operational directive, such fees and charges shall be established in accordance with the provisions of this Article.

32-171.2 WASD liability. The County assumes no responsibility or liability for any loss, injury or damage to persons or property at a WASD facility.

32-171.3 Access of public employees and law enforcement officers. Authorized County employees, law enforcement officers, and employees of local, state and federal regulatory agencies shall have free and full access to and from any and all WASD facilities to make inspections and/or enforce the provisions of this Article. No person shall obstruct or interfere with any Law Enforcement Officer, employees of local state or federal regulatory agencies, or any designated County or Department employee conducting such inspection and/or enforcement or in the performance of any other power or duty required of such officer or employee.

32-171.4 Offenses and penalties. Every person who violates any provision of this Article shall be punished by a fine not to exceed five hundred dollars ($500.00), or imprisonment in the Miami-Dade County Jail for a period of not more than sixty (60) days, or both.

32-171.5 Emergencies. The Director is empowered to take such action as the Director deems necessary when an emergency exists at a WASD facility or property which, in the Director's judgment, presents an immediate threat to public health, security, safety or welfare, or to the operation of a WASD facility or property; provided, however, that in the exercise of such power the Director shall promptly notify the governmental agency(ies) or County department(s) having been assigned by the Board or County Manager primary responsibility for the handling and resolution of such emergency, and provided further that the Director's power herein granted shall cease upon the assumption of jurisdiction over such emergency by the governmental agency(ies) or County department(s) and such assumption of responsibility shall not be inconsistent with the requirements of any emergency procedure or program for a WASD facility or property adopted and approved by the Board. No action shall knowingly be taken by the Director hereunder or by any County department(s) contrary to any regulation or order of the Federal, State or County agency having appropriate jurisdiction.

32-171.6 Trespassing. Whoever, without being fully authorized, licensed or invited, willfully enters or remains on a WASD facility or property, or a portion thereof, or having been authorized, licensed or invited to a WASD facility or property, or portion thereof, is warned or ordered by authorized Department personnel or a law enforcement officer to depart, and refuses to do so, commits the offense of trespass.

32-171.7 Other laws. All applicable provisions of the laws of the State of Florida, now in existence or hereafter enacted, are hereby adopted by reference as part of these rules and regulations.

32-171.8 Jurisdiction. The violation of any provision hereof shall be triable in the Miami-Dade County Court.

32-171.9 Severability. If any provision of these rules and regulations or the application thereof to any person or circumstances is held invalid, the remainder of these rules and regulations and the application of such provision to other persons or circumstances shall not be affected thereby.

(Ord. No. 02-68, § 1, 4-23-02)