Ordinance 09-1886 ORDINANCE NO. 09-1886
AN ORDINANCE OF TI[E CITY OF LONGWOOD,
FLORIDA; PROVIDING FOR LOCAL
IMPLEMENTATION OF THE WATER
CONSERVA'T'ION RULE FOR. LANDSCAPE
IRRIGATION OF 'T'HE ~~T. JOHNS RIVER WATER
.MANAGE]YIENT DISTRICT; PROVIDING
DEFINITIONS; PROVIDING LANDSCAPE
IRRIGAT]:ON SCHEDULES; PROVIDING
EXCEPTIONS TO THE :LANDSCAPE IRRIGATION
SCHEDULES; PROVI]C~ING FOR VARIANCES
FROM THE SPECIFI(: DAY OF THE WEEK
LIMITAT][ONS; PROVIDING FOR APPLICABILITY
OF THI±~ ORDINANCE; :PROVIDING FOR
ENFORCI~~MENT OF TH[E ORDINANCE;
PROVIDING FOR NOTIFICATION AND
PENALTI]ES FOR VIOLATION OF THE
ORDINAI\fCE; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVE;RABILITY AND
PROVIDING AN EFFEC'CIVE DATE.
WHEREAS, the St. Johns River Water Management District has responsibility and
~ exclusive authorit`~ under Chapter 373, Florida Statutes, for regulating the consumptive use of
water; and
WHEREAS, the St. Joluas River Water T?Ianagement 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 ~EOC-2.041(1.), F.A:C.; and
WHEREAS, Rule 40C-2.042(2)(x), F.A.,C., grants a general penni"t to each person
located within the District to use, withdraw or divert water for small landscape irrigation uses,
provided that irrigation occurs ill accordance with Sections 3 acid 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 uiility; 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)(x), F.A.C., within its jurisdiction by adopting a
landscape irrigation ordinance that incorporates each of 1:he provisions set forth in Rule 40C-
2.042(2)(a), F.A.C.; and
WHEREAS, it is the desire of the City Commission of the City of Longwood to adopt
~ such an ordinance in accordance with 40C-2.042(2)(x) and (b), F.A.C.; and
WHEREAS, the City Conunission of the City of Longwood hereby finds and declares
-
Ord. 09-1886, page 2
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 COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA: Article VII, Sections 90-182 through 90-191, Code of
Ordinances, are hereby created to read:
SECTION 1. WATER CONSERVATION ORDINANCE
Sec. 90-182. SHORT TITLE
This article shall be known as the "Water Conservation Ordinance."
Section 90-183. INTENT AND PURPOSE
It is the intent and purpose ofthis Ordinance to implement procedures that promote water
conservation through more efficient landscape irrigation and prohibiting wasteful and
unnecessary water use.
Section 90-184. 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 nLUnber of a physical location of a specific property.
This ilcludes "rural route'' nLUnbers but excludes post office box numbers. If a lot nlunber in a
mobile home park or similar coirnnunity is used by the U.S. Postal Service to detei7nine a delivery
location, the lot number shall be the property's address. An "even numbered address" means an
address. ending in the numbers 0, 2, 4, 6, 8 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. Jo1u1s River Water Management District.
(c) "Person" means any person, fine, 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, lav~ms, grass, ground covers, plants, vines, gardens and other such flora that are
situated in such diverse locations as residential areas, public,. conunercial, 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,
aild 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 accormnodate one or more ~
residents, including multiple housing units and mobile homes.
Ord. 09-1886, page 3'
(f) "Non-residential landscape inigatiori" means the irrigation of landscape not included
within the defiiution of "residential landscape inrgation," such as that associated with public,
~ conunercial and industrial property, including conunercial or transient housing units, hotel and
motel units, and public medians and rights-of--way.
Section 90-185. LANDSCAPE I:RRIGA'TION S CHEDLtLES
1. When Daylight Savings Time is in effect, landscape irrigation shall occur only in
accordance with the following inig.~tion schedule:
a. Residential landscape inrgation at odd numbered addresses or no address
may occur only on Wednesday and- Saturday and shall not occur behyeen 10.:00 a.m. and
4:00 p.m.; and
b. Residential landscape inigati~~n at even numbered addresses may occur only
on Thursday and Sunday anal shall not occur between 10:00 a.m. and 4:00 p.m.; and
c. I~TOn-residential ,landscape in:igation may occur only on Tuesday and Friday
acid shall not occur between. 10:00 a.m. and 4~:00 p.m.; and
d. No more th~uz, 3/4 inch of waiver may be applied per irrigation zone on each
day that irrigation occurs; and in no event :;hall inrgation 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 irrigations 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 f;ven 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/a inch of water may be applied per irrigation zone on each day that
irrigation occurs, and ul no event sllal.l inrgation occur for more than 1 hour per inrgation
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 90-186. E:KCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES
Landscape irrigation shall be subject to the following irrigation schedule exceptions:
~ 1. Irrigation using a nnicro-spray, micro-jet, drip or bubbler irrigation system is allowed
anytime.
1
Ord. 09-1886, page 4
2. Irrigation of new landscape is allowed at any time of day on ally 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 establislunent.
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 '/4 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 ahand-held hose equipped with an automatic shut-off nozzle is
allowed at any tune of day on any day.
6. Discharge of water from a water-to-air air-conditioning tout 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 ul which the primary source is
reclaimed water, which may or may not be supplemented from another source during peak demand
periods.
S. 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 90-187. ADDITIONAL REQUIREMENT
Any person who irrigates landscape with an automatic la«nl sprinkler system installed after
May 1, 1991, shall install, mauitain and operate a rain sensor device or switch that overrides the
irrigation system when adequate rainfall has occtured.
Section 90-188. VARIANCE FROM SPECIFIC DAY OF THE WEEK 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
wit11 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 coritiguous properly 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.
Ord. 09-1886, page 5
Section 9.0-1~9. APPLICATION OF ORDINANCE
~ The provisions of this Ordinance shall apply to each person located within the City of
Longwood, Florida.
Section 90-190. EiVFORCE1V7Er1T OFFICIALS
Law enforcement officials having j urisdicfi~on in then area governed by this Ordinance are
hereby authorized to enforce the provisions of this ~~rdinance. In addition, the City Administrator
may delegate enforcement responsibility relati~:ig to this article to such--personnel a11d
departments of the city as deemed appropriate. ~ ~
Section 90-191. NOTIFICATIO:IV AND PENALTIES = " -
Violation of any provision of this Ordinance, shall be subject to the followin¢ penalties:
First violation Notice of Violation -
Second violation $50.,00
Subsequent violations $100.00 each
Violators with more than three violations shall have water service disconnected until all
penalties have been. paid.
Upon notice of violation the violator shall have twenty-four (24) hours to correct the
violation. After twenty-four hours, each day iti violation of this Ordinance shall constitute a
separate offense. Enforcement officials shall provide violators with no more than one notice of
violation. lil addition to the civil sanctions contained herein, the City may take any other
appropriate legal action, including, but not limited to, injunctive action to enforce the provisions
of this Article.
Any person found in violation shall. have the option. to an appeal hearing before the Code
Enforcement Boardl. Such appeal shall fall under the provisions of Longwood City Code Article
VI, Division 2. If the person cited pays the civil p.>nalty as provided in this Section, he shall be
deemed to have admitted the infraction and to have; waived- his right to a hearing on the issue of
validity of the citation.
Section 2. CODIFICATION
Codification of this Ordinance is hereby directed and authorized.
Section 3. SEVER.ABILITY
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 4. EFFECTIVE DATE
. ~ -
Ord. 09-1886, page 6
This Ordinance shall take effect March 9, 2009.
I .J
FIRST READING: ~e-yruanV ~~p z DD9
SECOND READING: ~ a ~C ~ Z Z. po~j
d
PASSED AND ADOPTED THIS ~~D OF ~~dre~ A.D., 2009.
Br 1 D. Sackett, Mayor
ATT
-
Sarah M. Mims, CMC, City Clerk
AppruvEd as to forn7 and legality for the use and reliance of the City of Long~~ood, Florida, only.
e ~
Teresa S. Roper, City Attorney
~J