Sec. 62-96. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

District means the Southwest Florida Water Management District.

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.

Water shortage condition means sufficient water is not available to meet present or anticipated needs of persons using the water resource or 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.

Water shortage plan means F.A.C. ch. 40D-21, the codification of the water shortage plan adopted and published by the Southwest Florida Water Management District, July 1983.

(Code 1970, § 26-64; Ord. No. 85-05, § 1(1.01), 4-9-85)

Cross reference— Definitions generally, § 1-2.

Sec. 62-97. - Applicability.

This division shall not apply to persons using treated effluent or salt water.

(Code 1970, § 26-65; Ord. No. 85-05, § 1(2.01), 4-9-85)

Sec. 62-98. - Declaration of water shortage; restrictions.

(a)

The board of county commissioners adopts the provisions of SWFWMD Rule 40D-22, year-round water conservation measures, as part of this section with the following exceptions:

(1)

The irrigation of established lawns and landscaping is allowed only as follows: properties under two acres may water from 12:01 a.m. to 8:00 a.m. or after 6:00 p.m. to 11:59 p.m.; properties with two acres and greater may water from 12:01 a.m. to 10:00 a.m. or after 4:00 p.m. to 11:50 p.m. on each allowable watering day. A user may irrigate established lawns and landscaping during only one of the specified time periods on any allowable watering day.

(2)

Irrigation of established lawns and landscaping shall be limited to once per week as follows: at addresses ending in the number 0 or 1 only on Mondays; at addresses ending in the number 2 or 3, only on Tuesdays; at addresses ending in the number 4 or 5, only on Wednesdays; at addresses ending in 6 or 7, only on Thursdays; at addresses ending in the number 8 or 9 or locations with no addresses, only on Fridays. Users shall curtail irrigation when rain has occurred within the last 24 hours.

(3)

New turf grass (sod, seed, plugs and sprigs) and new landscaping are exempt from day of the week restrictions for the first 60 days after installation; however, such watering shall be limited to the minimum necessary, shall only be accomplished during the hours allowed above, and is limited to only new turf grass and new landscaping. Users shall curtail irrigation when rain has occurred in the past 12 hours.

(4)

Reclaimed water supplies are also a limited water resource and at times, it may be necessary to limit a customer's use of reclaimed water as provided in section 110-76 of this Code. In order to provide reclaimed water to as many customers as possible, a reclaimed water lawn and landscape irrigation schedule will be published and amended from time to time as necessary by county utilities services.

(5)

Low volume micro-irrigation (i.e., drip irrigation, misters, soaker hoses) or hand watering (using a hose with a self-canceling or shut-off nozzle, or both) of trees, shrubs, flowers and vegetable gardens shall not be restricted by days of the week; however, such low volume micro-irrigation or hand watering shall be limited to the minimum necessary and only during the hours allowed above.

(b)

Irrigation for the purpose of watering in insecticides, fungicides, and herbicides is restricted to designated days and times for that address, except for applications by a professional who is in the business of applying such products for remuneration, so long as a chemical advisory marker containing the day, month and year of application is posted on the landscape, and where such watering is required by the manufacturers or by federal, state, or local law; however, such watering shall be limited to the minimum necessary and shall only be accomplished during the hours allowed above.

(c)

The washing of automobiles, trucks, trailers, mobile homes, campers, boats, or any other type of motor vehicle or equipment (hereinafter collectively referred to as "vehicles") is permitted using low volume washing as that term is defined in chapter 40D-21.051(13), F.A.C. Low volume mobile equipment washing means the washing of mobile equipment with a "bucket" and "sponge" or a hose with a self-canceling or automatic shut-off nozzle or both. Provided, however, unless a business enterprise established for such purpose is used, the washing of non-business, personal vehicles shall be conducted no more than one time per week.

(d)

If conducted, the hosing down of porches, sidewalks, driveways, and other hard surfaces, shall be conducted with a hose with a self-canceling or automatic shut-off nozzle or both. Provided however, that hosing-down a driveway or other impervious surface to remove grass clippings or other debris that can be removed with a broom or other dry methods is prohibited.

(e)

Any additional restrictions to follow by SWFWMD that are more stringent shall supersede and become a part of this section and shall be subject to the same enforcement and penalty provisions.

(f)

Outdoor aesthetic uses of water, such as decorative water fountains and features, shall be prohibited unless such fountains or features provide a necessary aeration and/or water quality benefit. The operation of decorative water fountains or features using reclaimed water is not restricted; however, a sign stating "using reclaimed water" must be posted next to the water fountain or feature.

(g)

Road construction servicing contractors (water tankers) shall use reclaimed water rather than potable water when reclaimed water is available within close proximity to the road construction project.

(Code 1970, § 26-66; Ord. No. 85-05, § 1(3.01), 4-9-85; Ord. No. 94-06, § 1, 5-3-94; Ord. No. 94-07, § 1, 5-10-94; Ord. No. 00-06, § 1, 5-23-00; Ord. No. 01-016, § B1, 7-10-01; Ord. No. 03-38, § B, 12-2-03; Ord. No. 07-02, § B, 1-23-07)

Sec. 62-99. - Enforcement.

Any law enforcement officer and any county personnel designated by the county administrator, or his designee, who have received training in the issuance of citations or notices of violation, shall be authorized to enforce the restrictions set forth in this division. Such personnel shall be known as code inspectors. Any person who violates the provisions of this division shall not receive a warning and shall immediately receive a notice of violation or citation in writing. A violation of this division shall be punishable by a fine in accordance with uniform fine schedule adopted by the board as amended by Resolution No. 01-169 adopted on March 27, 2001.

(Code 1970, § 26-67; Ord. No. 85-05, § 1(4.01), 4-9-85; Ord. No. 00-06, § 2, 5-23-00; Ord. No. 01-016, § B2, 7-10-01)

Sec. 62-100. - Penalties.

Any person who violates any provision of this division shall be prosecuted and punished in the manner provided by law under F.S. § 125.69, the Uniform Citation and Fine Ordinance for Pasco County, or under any adopted code enforcement ordinance. Each day that a violation continues shall constitute a separate violation. All costs for enforcement, prosecution, and judicial review shall be assessed against the violator of the provisions of this division on finding by the court or code enforcement board that the violations have occurred.

(Code 1970, § 26-68; Ord. No. 85-05, § 1(5.01), 4-9-85; Ord. No. 94-06, § 3, 5-3-94; Ord. No. 94-07, § 3, 5-10-94)

Sec. 62-101. - Agreement to accept division.

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

(Code 1970, § 26-69; Ord. No. 85-05, § 1(6.01), 4-9-85)