[HISTORY: Adopted by the Town Council of the Town of Zolfo Springs 5-10-1993 by Ord. No. 93-4. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When consistent with the context, words used in the present include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory and not merely directory.
- The Southwest Florida Water Management District.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- WATER RESOURCE
- 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
- 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
- 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 Ch. 40D-21 which may be current at the time a water shortage or water shortage emergency is declared.
The provisions of this chapter 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 chapter shall not apply to persons using treated effluent or saltwater.
The declaration of a water shortage or water shortage emergency affecting all or any part of the Town of Zolfo Springs by the Governing Board or the Executive Director of the District shall invoke the provisions of this chapter. Upon such declaration, all water use restrictions or other measures imposed by the District pursuant to Ch. 40D-21, Florida Administrative Code, applicable to the Town or any portion thereof shall be subject to enforcement action pursuant to § 288-4 of this chapter. Any violation of the provisions of Ch. 40D-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this chapter.
Every police officer of the Town of Zolfo Springs in the service areas governed by this chapter shall, in connection with all other duties imposed by law, diligently enforce the provisions of this chapter. In addition, the Mayor may also delegate enforcement responsibility for this chapter to agencies and departments of local government in the service areas governed by this chapter, in accordance with state and local law.
Each day in violation of this chapter shall constitute a separate offense. In the initial stages of a water shortage, law enforcement officials may attempt to provide violators with no more than one written warning.
No water service shall be furnished to any person or utility unless such person or utility agrees to accept all the provisions of this chapter. The acceptance of water service or the withdrawal of water from a private source shall be in itself the acceptance of the provisions contained herein.
This chapter shall be immediately certified by the Clerk of the Council to the Department of State and shall take effect upon receipt of official acknowledgment from that office that it has been filed. The District routinely monitors hydrologic conditions for potential water shortage situations. Regional droughts will be identified through this process. The District is the appropriate agency for determining the need for water shortage restrictions on a regional basis. However, town and county governments may need to monitor hydrologic conditions on a more local basis so that local water shortage actions can be initiated in response to either regional or local conditions.