Sec. 134-286. - Title and applicability.

This division is entitled "The Collier County Water Irrigation Ordinance." This division shall apply only within unincorporated Collier County.

(Ord. No. 00-61, § 1, 9-26-00)

Sec. 134-287. - Findings.

The board of county commissioners hereby makes the following findings:

(1)

That irrigation by water during the hours of 9:00 a.m. and 5:00 p.m. increases water loss to evaporation and reduces the beneficial use of water resources;

(2)

That adopting an ordinance to limit irrigation between 5:00 p.m. and 9:00 a.m. will raise public awareness and promote conservation; and

(3)

That restricting irrigation during the hours of 9:00 a.m. and 5:00 p.m. will not create a hardship on residents of the county.

(Ord. No. 00-61, § 2, 9-26-00)

Sec. 134-288. - Purpose.

The primary purpose of this division is to provide a regulatory framework to assist in conservation of water resources through consistent and uniform use for landscape irrigation in specified geographic areas.

(Ord. No. 00-61, § 3, 9-26-00)

Sec. 134-289. - Definitions.

The following definitions shall apply throughout this division:

Agriculture means the growing of farm products including, but not limited to, sugar cane, vegetables, citrus and other fruits, pasture lands, sod or nursery stock, including, but not limited to, ornamental foliage and greenhouse plants.

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 most of the county's codes.

County water/sewer district means the service boundaries as established in Collier County Water-Sewer District, Special Act Chapter 88-499, Laws of Florida, as now or hereafter amended.

Goodland Water District means the service boundaries as established in Goodland Water District, Ordinance No. 80-43, or its successor ordinance.

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

Irrigation means the application of water from surface water or ground water sources or aquifers.

Irrigation systems means equipment and/or devices which deliver water to landscaping being irrigated including, but not limited to, pipelines, control structures, pipes, ditches, pumping stations, emitters, valves and fittings, but excluding the transfer of water through water management systems from one location to another.

Person means natural person, public or private corporation, firm, association, joint venture, partnership, municipality, government or governmental agency, political subdivision, and any other entity whatsoever, or any combination of same, jointly or severally.

Water resources means surface and groundwater sources and aquifers.

Water utility service means water service provided by a public or private utility.

(Ord. No. 00-61, § 4, 9-26-00)

Sec. 134-290. - Irrigation hours; operational prohibitions.

(a)

All water irrigation activities within those areas and boundaries as designated in section 134-291, and which are not exempted by section 134-292, shall be restricted to the hours between 5:00 p.m. and 9:00 a.m., seven days each week. Subject to the exceptions specified in this division, irrigation by water in those areas is prohibited between the hours of 9:00 a.m., and 5:00 p.m., seven days each week.

(b)

All water irrigation activities within those areas and boundaries as designated in section 134-291, and which are not exempted by section 134-292, shall be operated in an effective manner so as to not allow water to be applied continuously or primarily to any impervious surface.

(c)

All water irrigation activities prohibited or restricted from time-to-time by emergency orders 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. Each such order shall apply to such geographic areas in the county as are specified in the respective order or, if not specified, as otherwise provided by law. Each such order shall be subject only to such exceptions as specified in the respective order, and if not specified therein, as otherwise provided by law.

(Ord. No. 00-61, § 5, 9-26-00; Ord. No. 00-86, § 1, 12-12-00)

Sec. 134-291. - Irrigation restriction affected areas.

(a)

The provisions of this division shall apply immediately on its effective date to landscape irrigation within the boundaries of the Collier County Water/Sewer District and within the boundaries of the Goodland Water District.

(b)

This division shall hereafter be applicable to other geographic areas of unincorporated Collier County if and when the respective geographic area is classified, by resolution(s) adopted by the board of county commissioners after public hearing, as a water irrigation restricted area, which may include areas served by private utility water service.

(Ord. No. 00-61, § 6, 9-26-00)

Sec. 134-292. - Exemptions; variances.

(a)

The following activities are exempt from all provisions of this division:

(1)

Landscape irrigation by hand watering using only a self-canceling nozzle.

(2)

Landscape irrigation from which the water source is only treated wastewater effluent.

(3)

The short-term operation of irrigation systems only for system repair and maintenance, which shall be limited to a maximum of ten minutes per zone per week and there must be a person present and working on the system during each such operation.

(4)

Landscape irrigation for purposes of watering in fungicides, insecticides and herbicides as required by the manufacturer of the product, or by federal or Florida law. This exemption, however, applies only to then licensed pest control operators and is limited to the amounts of "watering in" water specified by the manufacturer's recommendations.

(5)

For the first 90 days after initial installation, landscape irrigation for the purpose of "watering in" newly planted grass and foliage that constitutes a major portion of the landscaping.

(6)

Agricultural irrigation to the extent permitted by a consumptive or water use permit issued by the South Florida Water Management District.

(b)

Any person whose irrigation is affected by this division may make application to the county water director for a variance if strict compliance with this division will impose a unique, unnecessary and inequitable hardship on such service. Relief may be granted only upon submitted proof that such hardship is peculiar to that person or that affected property, the problem is not self-imposed, and that the granting of the variance would be consistent with the general intent and purpose of this division and the variance is the minimum variance necessary to eliminate the hardship.

(1)

The county water director is the only person authorized to grant or deny variances for irrigation activities that utilize water provided by the county water/sewer district or the Goodland Water District. The water director should render a decision on the variance request within ten working days after actual receipt of a complete application. Denial of a variance request may be appealed to the public works administrator within ten days of actual receipt by the applicant of the water director's decision on the initial request.

(2)

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

(c)

Should the board of county commissioners extend the provisions of this division to any other areas (only in unincorporated Collier County), the county manager shall designate a county employee who will be responsible to act on behalf of the county to approve, in whole or in part, or to disapprove, variance requests within any such designated area(s). This person may also be the county's water director.

(Ord. No. 00-61, § 7, 9-26-00)

Sec. 134-293. - Penalties.

(a)

Violators of this division shall be issued a $25.00 citation pursuant to the county's citation ordinance. 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 division shall also be subject to the county's remedies as authorized in F.S. § 125.69, and/or section 1-6 of the county's Code of Ordinances.

(1)

Each day (or part thereof) that there is a violation of this division by the same person or entity shall constitute a separate offense.

(2)

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

(Ord. No. 00-61, § 8, 9-26-00)

Secs. 134-294—134-310. - Reserved.