§ 82-1. Local enforcement of water management district declared water shortage.

(a)

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meaning given in this subsection:

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water, and water percolating, standing or flowing beneath the surface of the ground, specifically including water withdrawn from wells, but excluding sea water.

Water shortage condition means 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.

Water shortage plan means chapter 40D-21, Florida Administrative Code, the codification of the water shortage plan adopted and published by the Southwest Florida Water Management District, or any modification or derivative of chapter 40D-21 which may be current at the time a water shortage or water shortage emergency is declared.

Water user means an owner of the real property on which water use is occurring, a tenant with current right to occupancy of the real property on which water use is occurring, the local managerial person in control of the day to day activities on real property on which water use is occurring, or the county utilities account holder for the real property on which water use is occurring.

(b)

Scope. The provisions of this section shall apply to all persons or water users 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 reclaimed water.

(c)

Declaration of water shortage; water shortage emergency. The declaration of a water shortage or water shortage emergency within all or any part of the county by the governing board or the executive director of the district or by resolution of the board of county commissioners shall invoke the following provisions:

(1)

Upon such a declaration by the governing board or the executive director of the district, all water use restrictions or other measures adopted by the district pursuant to chapter 40D-21, Florida Administrative Code, applicable to the county, or any portion thereof, shall be subject to enforcement action pursuant to this section. Any violation of the provisions of chapter 40D-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this section.

(2)

Upon such a declaration by the board of county commissioners, all water use restrictions adopted by the board of county commissioners shall be subject to enforcement action pursuant to this section. The resolution of the board of county commissioners declaring a water shortage or water shortage emergency shall specify those restrictions deemed necessary to meet the water shortage. Such restrictions may include but are not limited to apportioning, rotating, limiting or prohibiting the uses of water. The board of county commissioners is hereby authorized to adopt any restrictions as specified in chapter 40D-21, Florida Administrative Code. The board of county commissioners shall choose a combination of the restrictions contained in chapter 40D-21 or any other appropriate and necessary restrictions deemed necessary to meet the water shortage. Any violation of such restrictions shall be deemed a violation of this section.

(d)

Enforcement. All law enforcement officers and code enforcement officers in the county shall, in connection with all other duties imposed by law, diligently enforce the provisions of this section. In addition, the county administrator may also delegate enforcement responsibility for this section to agencies and departments of the county government in the service areas governed by this section, in accordance with state and local law.

(e)

Penalty. Violations of this section are punishable as provided in section 1-8.

(Ord. No. 94-51, §§ 1—5, 6-7-94; Ord. No. 03-99, § 1, 12-16-03)