§ 21-88. Enforcement of water management district rules during a water shortage.

(a) Definitions. For the purpose of this division, the following terms, phrases, words and their derivations shall have the meanings herein given. When consistent with the context, words used in the plural include the singular, and words in the singular include the plural. The Word "shall" is always mandatory and not merely directory.

District is the Southwest Florida Water Management District.

Person is any person, firm, partnership, association, corporation, company or organization of any kind.

Water resource is 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 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 wage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.

Water shortage plan means Chapter 40D-21, F.A.C., the codification of the water shortage plan adopted and published by the Southwest Florida Water Management District or any modification or derivation of Chapter 40D-21 which may be current at the time a water shortage or water shortage emergency is declared.

(b) Application. The provisions of this section shall apply to all persons using the water resource, whether from public or privately owned water utility systems, private wells or private connections with surface water bodies. This section shall not apply to persons using treated effluent or saltwater.

(c) Declaration of water shortage; water shortage emergency. The declaration of a water shortage or water shortage emergency affecting all or any persons of the city or its water service area by the governing board or the executive director of the district shall invoke the provisions of this section. Upon such declaration, all water use restrictions or other measures imposed by the district pursuant to Chapter 40D-21, Florida Administrative Code, applicable to the city or its water service area or any portion thereof, shall be subject to enforcement action pursuant to subsection (d). Any violation of the provisions of Chapter 40D-21 or any order issued pursuant thereto shall be a violation of this section.

(d) Enforcement. Every police officer and code enforcement officer of the city shall enforce the provisions of this section within the municipal limits in accordance with state and local law. The Polk County sheriff's office shall enforce the provisions of this section within those areas of the city's utility service area which are outside the municipal limits. In the initial stages of a water shortage, enforcement officials may attempt to provide violators with no more than one (1) written warning.

(e) Penalties. Violation of the provisions of this section shall constitute a civil offense, and violators shall be subject to the following penalties:

(1) First violation. Twenty-five dollars ($25.00).

(2) Second and subsequent violations. Fine not to exceed five hundred dollars ($500.00) and/or imprisonment in Polk County jail not to exceed sixty (60) days. Each day in violation of this section shall constitute a separate offense.

(f) Acceptance of provisions required. No water service shall be furnished to any person unless such person agrees to accept all the provisions of this section. The acceptance of water service shall be in itself the acceptance of the provisions contained herein.

(Ord. No. 96-06, § 1, 5-21-96)