Sec. 90-121. - Title.

This article shall be called "The Collier County Water Irrigation Ordinance".

(Ord. No. 02-17, § 1, 4-9-02)

Sec. 90-122. - Findings.

(a)

Irrigation places a significant demand on water resources of Collier County, including the potable water supply system.

(b)

That adopting this article to limit allowable hours of irrigation is to promote conservation, to protect water resources, and to reduce demand upon all water sources, including sources of water that can be treated to become potable water.

(c)

That restricting allowable hours of irrigation pursuant to this article will not create undue hardship on the users of water from the affected water sources.

(Ord. No. 02-17, § 2, 4-9-02)

Sec. 90-123. - Purpose and applicability.

(a)

The primary purpose of this article is to provide the regulatory framework to assist in conservation of water resources through consistent and uniform application of restrictions on use of water for irrigation in unincorporated Collier County.

(b)

This article shall be applicable notwithstanding any other Collier County Ordinance.

(Ord. No. 02-17, § 3, 4-9-02)

Sec. 90-124. - Definitions.

The following definitions apply throughout this article:

County means Collier County, a political subdivision of the State of Florida, by and through its Board of County Commissioners and as ex-officio the governing Board of the Collier County Water-Sewer District and Goodland Water District.

Code enforcement officer means any authorized agent or employee of the county whose duty it is to enforce the county's codes.

Impervious surfaces means surfaces that do not allow penetration of water, including, but not limited to, paved or concrete roads, paved or concrete sidewalks, paved or concrete driveways, paved or concrete parking lots, or highly compacted areas including shell or clay.

Irrigation means the application of water by means other than natural precipitation.

Irrigation systems means equipment and/or devices which deliver water to landscaping being irrigated including, but not limited to, pumping stations and controls, control structures, ditches, public or private wells, piping, valves, fittings, and emitters.

Landscaping means all residential, commercial, institutional, industrial, and governmental areas which are considered as lawns or ornamentally planted, including, but not limited to, sod, grasses, turf, ground covers, flowers, shrubs, trees, mulch, hedges, and other similar plant materials.

Low volume irrigation systems means equipment and devices specifically designed to deliver a volume of water consistent with the water requirement of the plant being irrigated and which delivers the water with a high degree of efficiency directly to the root zone of the plant.

Low volume hand watering means watering attended by one person with one hose equipped with a self-canceling or automatic shutoff nozzle.

Low volume mobile equipment washing means the washing of mobile equipment with a bucket and sponge, a single hose with a self-canceling or automatic shutoff nozzle, low volume pressure cleaning equipment, or any combination of the preceding methods of washing.

Low volume pressure cleaning means pressure cleaning by means of equipment that is specifically designed to reduce the volume of water used as accepted by industry standards.

Pervious surface means every improved or unimproved surface that allows water to readily soak into, or recharge, the water aquifer under such surface.

Water resources means any and all water on or beneath the surface of the ground, including, but not limited to, natural or artificial watercourses, lakes, ponds, and artificial water features, and water percolating, standing, or flowing beneath the surface of the ground.

(Ord. No. 02-17, § 4, 4-9-02)

Sec. 90-125. - Irrigation hours; operational requirements.

(a)

All water irrigation activities within the specified geographic area(s) and within the boundaries as designated in section 90-126, and which are not exempted by section 90-127, shall be restricted to the days and hours as specified in Table 1.

(b)

All water irrigation activities must and shall be operated in an efficient manner so as to not allow water to be applied to any impervious surface.

(c)

All water irrigation systems shall be equipped with a properly installed rain sensor switch.

(1)

A rain sensor switch shall be required on all new installations of irrigation systems.

(2)

A rain sensor switch shall be retrofitted on existing systems within one year of the effective date of this article.

(3)

The rain sensor switch shall be maintained in fully operational condition at all times by the owner/operator of the irrigation system.

(d)

All water irrigation activities prohibited or restricted from time-to-time by any water shortage emergency order declared by the South Florida Water Management District and published in a newspaper of general circulation in Collier County pursuant to F.S. § 373.175, shall automatically be incorporated into and be enforceable by application of this article. Each such order shall apply to such geographic areas in Collier County as is specified in the respective order, or if not specified, as otherwise then provided by law. Each order shall be subject only to such exceptions as are specified in the respective order, and if not specified therein, as otherwise then provided by law.

(Ord. No. 02-17, § 5, 4-9-02)

Sec. 90-126. - Irrigation restriction affected areas.

The provisions of this article shall apply only in the unincorporated geographic areas in Collier County.

(Ord. No. 02-17, § 6, 4-9-02)

Sec. 90-127. - Exemptions; variances.

(a)

The following are exempt from all provisions of this article:

(1)

Landscaping irrigation from which the source of the water is 100 percent reclaimed water.

(2)

Landscaping irrigation from which the source of the water is 100 percent saltwater.

(3)

Irrigation wholly from a low volume irrigation system.

(4)

Use of low volume mobile equipment washing provided all unused water drains into only a pervious ground surface.

(5)

Water use to the extent authorized by a specific consumptive use permit, or similar permit, issued to the respective water user by the South Florida Water Management District.

(b)

Any individual's or entity's irrigation that is affected by this article may make application to the county water department director to request a variance if strict compliance with the restrictions of this article will impose a unique, unnecessary and inequitable hardship on such irrigation. Variance relief may be granted only upon a written application applying for the variance, which application contains proof that the irrigation hardship is peculiar to that individual, entity, or that affected property; that the hardship is not self-imposed; that the granting of the variance would be consistent with the general intent and purpose of this article; that the variance is necessary to eliminate an inequitable irrigation hardship; and that each variance shall vary the irrigation restrictions only to the minimum extent required to resolve the unreasonableness of the irrigation hardship that would exist but for the variance. No variance shall be granted unless the applicant is able to persuade the director or his designee of the necessity for the variance. If the initial decision is made by the director's designee, the only appeal shall be to the director, and the director's decision upon appeal to grant or deny the requested variance shall be further reviewable only as specified in subsection (b)(1), below.

(1)

The county's water director, or individual designated by the water director, shall be the only individual(s) authorized to grant or deny these variances. A decision to grant or deny the variance should be made within ten days after actual receipt of a complete application for the variance. Denial of a variance request may be appealed to the public utilities division administrator not later then ten days of actual receipt by the applicant of the decision on the initial request. The division administrator's decision upon appeal shall be final.

(2)

An application for variance, and/or the granting of a variance, shall operate prospectively and shall not affect any then pending enforcement action pursuant to this article, or otherwise.

(Ord. No. 02-17, § 7, 4-9-02)

Sec. 90-128. - Penalties.

(a)

Each violator of this article shall be issued a citation that specifies a fine of $75.00, plus any then applicable costs as specified in the citation issued pursuant to procedures of the Collier County's Citation Ordinance. The applicable fine shall be $75.00 notwithstanding that said Ordinance specifies fines that always exceed $75.00. Persons who commit repeat violations may also be punished pursuant to F.S. § 162.21, as a civil infraction with a maximum civil penalty not to exceed $500.00. Any person who violates any provision of this article shall also be subject to the county's remedies as authorized by F.S. § 125.69, section 1-6 of the County's Code of Laws and Ordinances, or as otherwise then allowed by law. The applicable penalties shall be determined by the forum selected to enforce the violation.

(1)

Each day, or part thereof commencing at noon of the respective day, that a violation of this article occurs by the same individual or entity may be deemed by the finder of fact to constitute a separate violation.

(2)

All monies collected pursuant to this article shall be used by the code enforcement department to fund continued and enhanced enforcement of this article and/or other county ordinances then under its jurisdiction.

(Ord. No. 02-17, § 8, 4-9-02)