O-307-C
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CITY OF CLERMONT
ORDINANCE
No. 307-C
Page 1
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY FLORIDA; PROVIDING FOR LOCAL
IMPLEMENTATION OF THE WATER SHORTAGE PLAN OF THE ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS;
PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR
CODIFICATION; REPEALING ANY INCONSISTENT PROVISIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a water shortage or water shortage emergency may be declared from time to time by
the 5t. Johns River Water Management District or the City of Clermont City Council affecting
Clermont and its water service area; and
WHEREAS, during such water shortage condition the amount of surface and/or groundwater
supplies may become 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 St. Johns River Water Management District has responsibility under Chapter
373, Florida Statutes, for regulating water use and allocating available water supplies during
periods of water shortage; and
WHEREAS, the St. Johns River Water Management District has adopted a "Water Shortage
Plan", codified as Chapter 40C-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 St. Johns River Water Management District has requested the assistance of
Clermont, Florida in the enforcement of the provisions of the "Water Shortage Plan"; and
WHEREAS, it is the desire of the City Council of Clermont to provide the St. Johns River Water
Management District with assistance in the enforcement of the provisions of the "Water Shortage
Plan" during a water shortage or water shortage emergency; and
WHEREAS, section 373.609, Florida Statutes, provides that it shall be the duty of municipal
governmental and law enforcement officials to assist the St. Johns River Water Management
District in the enforcement of Chapter 373, Florida Statutes, and any rules adopted thereunder,
upon request by the St. Johns River Water Management District.
WHEREAS, the City Council of the Clermont hereby finds and declares that the adoption of this
ordinance is necessary, appropriate, and in the public interest of the citizens of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CLERMONT, FLORIDA;
are hereby created to read:
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CITY OF CLERMONT
ORDINANCE
NO.307-C
Page 2
ARTICLE VI. WATER SHORTAGE REGULATIONS
Section 66-161. INTENT AND PURPOSE
It is the intent and purpose of this Article to protect the water resources of Clermont from the
harmful effects of overutilization during periods of water shortage and allocate available water
supplies by assisting the St. Johns River Water Management District in the implementation of its
Water Shortage Plan.
Section 66·162. 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. The word "shall" is always mandatory and not merely directory.
(a) "District" is the St. Johns River 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 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.
(e) "Water shortage emergency" means that situation when the powers which can be
exercised under part II of chapter 40C-21, Florida Administrative Code, are not sufficient
to protect the public heallh, safety, or welfare, or the health of animals, fish or aquatic life,
or a public water supply, or commercial, industrial, agricullural, recreational or other
reasonable uses.
Section 66·163. APPLICATION OF ARTICLE
The provisions of this Article 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 or the City of Clermont, whether from public or privately owned water
utility systems, private wells, or private connections with surface water bodies.
Section 66-164. AMENDMENTS TO WATER SHORTAGE PLAN
Chapter 40C-21, Florida Administrative Code, as same may be amended from time to time, is
incorporated herein by reference as a part of the City Code.
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CITY OF CLERMONT
ORDINANCE
NO.307-C
Page 3
Section 66-165. DECLARATION OF WATER SHORTAGE; WATER SHORTAGE EMERGENCY
The declaration of a water shortage or water shortage emergency within all or any part of the City
by the Governing Board or the Executive Director of the District or by the Clermont City Council
shall invoke the provisions of this Ordinance. Upon such declaration all water use restrictions or
other measures adopted by the District applicabie to City or any portion thereof, shall be subject
to enforcement action pursuant to this Ordinance. Any violation of the provisions of Chapter 40C-
21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this
Ordinance.
Section 66-166. ENFORCEMENT
Every police officer or sheriff deputy 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 Manager may also delegate enforcement responsibility for this
ordinance to agencies and department of City government, or cities in the service areas governed
by this Ordinance in accordance with state and local law.
Section 66-167. PENALTIES
Violation of any provision of this Article shall be subject to the following penalties:
First violation Written Warning
Second violation $50.00
Subsequent violations Fine not to exceed $500
Each day in vioiation of this Article shall constitute a separate offense. Law enforcement officials
shall provide violators with no more than one written warning. The City, in addition to the civil
sanctions contained herein, may take any other appropriate legal action, including but not limited
to injunctive action, to enforce the provisions of this Article.
Section 66-168. CODIFICATION
Codification of this Ordinance is hereby directed and authorized.
Section 66-169. ORDINANCES REPEALED
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
Section 66-170, 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 66-171. EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption.
PASSED AND DULY ADOPTED by the Council of Clermont, Fiorida this 27th day of March, 2001.
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