Date:
Palm Beach Gardens, FL
Code of Ordinances
- CODE OF ORDINANCES CITY OF PALM BEACH GARDENS, FLORIDA
- SUPPLEMENT HISTORY TABLE
- PART I – CHARTER
- CHARTER COMPARATIVE TABLE ORDINANCES
- Subpart A – GENERAL ORDINANCES
- Chapter 1 – GENERAL PROVISIONS
- Chapter 2 – ADMINISTRATION
- Chapter 3 – PERSONNEL PROGRAM
- Chapter 6 – ALCOHOLIC BEVERAGES
- Chapter 10 – AMUSEMENTS AND ENTERTAINMENTS
- Chapter 14 – ANIMALS
- Chapter 18 – BUSINESSES
- Chapter 22 – CABLE TELEVISION
- Chapter 26 – ELECTIONS
- Chapter 30 – EMERGENCY SERVICES
- Chapter 34 – ENVIRONMENT
- Chapter 38 – FIRE PREVENTION AND PROTECTION
- Chapter 42 – OFFENSES
- Chapter 46 – PARKS AND RECREATION
- Chapter 50 – POLICE
- Chapter 54 – SOLID WASTE
- Chapter 58 – SPECIAL DISTRICTS
- Chapter 62 – STREETS, SIDEWALKS AND CERTAIN OTHER PUBLIC PLACES
- Chapter 66 – TAXATION
- Chapter 70 – TRAFFIC AND VEHICLES
- Chapter 74 – UTILITIES
- Subpart B – LAND DEVELOPMENT REGULATIONS
- Subpart B – LAND DEVELOPMENT REGULATIONS
- CODE COMPARATIVE TABLE 1987 CODE
- CODE COMPARATIVE TABLE ORDINANCES
- STATE LAW REFERENCE TABLE
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Code enforcement office/code inspector means any authorized agent or employee of the city whose duty is to ensure compliance with the provisions of this article, including, but not limited to, designated employees of the police, building, code enforcement, and public works departments.
Impervious means land surfaces which do not allow the penetration of water including paved roads, sidewalks, driveways, parking lots and highly compacted areas including shell and clay.
Low-volume irrigation system (microirrigation) means that type of equipment or irrigation device designed to provide small quantities of water on or below the soil surface as drops or tiny streams of spray through emitters or applicators placed along a water delivery line. Microirrigation includes methods or concepts such as bubbler, drip, trickler, mist, or microspray, and subsurface irrigation.
(Code 1987, § 51.05)
Cross reference— Definitions generally, § 1-2.
All provisions of this article shall be effective within the incorporated areas of the city, and shall set restrictions, constraints and prohibitions to enhance the city’s water resources and provide a permanent water conservation measure. Unless otherwise provided, nothing in this article shall be construed to relieve any person from compliance with any applicable regulations enacted by any agency of the state having jurisdiction over water resources in the city.
(Code 1987, § 51.02)
Upon the effective date of the ordinance from which this article was derived new installations of automatic irrigation systems providing coverage of greater than one acre of irrigated area shall be equipped with a water sensing device which will automatically discontinue irrigation during periods of rainfall.
(Code 1987, § 51.22)
The following activities shall be exempt from the provisions of this article:
(1)Landscape irrigation by hand watering.
(2)Landscape irrigation by systems from which the sole source is treated wastewater effluent.
(3)The operation of irrigation systems for system repair and maintenance.
(4)Flushing of water mains required for normal water main clearance and maintenance and for maintenance of water quality; however, where practical, contractors and utilities shall direct flushed water into pervious areas, flush at the minimum rate necessary for cleaning and disperse the water in such a manner to benefit local vegetation.
(5)Landscape irrigation for purposes of watering in fungicides, insecticides and herbicides as required by the manufacturer or by federal or state laws.
(Code 1987, § 51.23)
Failure to comply with the requirements of this article shall constitute a violation of a city ordinance, and may be punished as provided by section 2-186 et seq. Each day in violation of this article shall constitute a separate offense. Violations of the provisions of this article may also be punished, pursuant to F.S. ch. 162 by a fine not to exceed $250.00 per day for a first violation, and $500.00 per day for a repeat violation.
(b)In addition to the sanctions contained herein, the city may take appropriate action, including but not limited to administrative action and requests for temporary and permanent injunctions, to enforce the provisions of this article.
(c)Violations of this article, punishable by civil fine pursuant to F.S. ch. 162 shall be referred to the code enforcement board.
(d)All monies collected pursuant to this article shall be deposited in the general fund of the city.
(Code 1987, § 51.99)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Authorized official means any employee of the city authorized in writing by the director to administer or enforce the provisions of this article.
Director means the director of public works.
Discharge means any direct or indirect entry of any solid, liquid or gaseous matter.
Site of industrial activity means any area or facility used for manufacturing, processing or raw materials storage, as defined under 40 CFR 122.26(a)(14) of regulations of the U.S. Environmental Protection Agency, as amended.
Stormwater means any stormwater runoff, and surface runoff and drainage.
Stormwater system means the system of conveyances used for collecting, storing, and transporting stormwater owned by the city but not including any facilities intended to be used in accordance with applicable law for collecting and transporting sanitary or other wastewater.
(Code 1987, § 102.01)
Cross reference— Definitions generally, § 1-2.
Injunctive relief. Any violation of any provision of this article, or of any regulation or order issued hereunder, shall be subject to injunctive relief if necessary to protect the public health, safety or general welfare.
(b)Continuing violation. A person shall be deemed guilty of a separate violation for each and every day during any continuing violation of any provision of this article or of any regulation or permit issued hereunder.
(c)Enforcement actions. The director may take all actions necessary, including the issuance of notices of violation and the filing of court actions and/or referral of this matter to the code enforcement board to require and enforce compliance with the provisions of this article and with any regulation or permit issued hereunder.
(Code 1987, § 102.05)
Whenever necessary to make an inspection to enforce any of the provisions of this article, or regulation or permit issued hereunder, or whenever an authorized official has reasonable cause to believe there exists any condition constituting a violation of any of the provisions of this article, or regulation or permit issued hereunder, any authorized official may enter any property, building or facility at any reasonable time to inspect the same or to perform any duty related to (including but not limited to a site of industrial activity) to undertake such reasonable monitoring of any discharges to the stormwater system and to furnish periodic reports.
(Code 1987, § 102.06)
General provisions. Any discharge into the stormwater system in violation of any federal, state, county, municipal or other law, rule, regulation or permit is prohibited.
(b)Specific prohibitions. By adoption of industrial activity stormwater regulations or by issuance of industrial activity stormwater permits, or both, the director may impose reasonable limitations as to the quality of stormwater (including without limitation the designation of maximum levels of pollutants) discharged into the stormwater system from sites of industrial activity. Any promulgation of such regulations and issuance of permits by the director shall be in accordance with applicable law.
(c)Administrative order. The director may issue an order to any person to immediately cease any discharge determined by the director to be in violation of any provision of this article, or in violation of any regulation or permit issued hereunder.
(d)NPDES permits. Any person who holds a National Pollutant Discharge Elimination System (NPDES) permit shall provide a copy of such permit to the director no later than the latter of: 60 calendar days after the effective date of the ordinance from which this article was derived or 60 calendar days after issuance.
(Code 1987, § 102.02)
General prohibitions. Except as set forth in subsection (c) of this section or as in accordance with a valid NPDES permit, any discharge to the stormwater system that is not composed entirely of stormwater is prohibited.
(b)Specific prohibitions. Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials in violation of federal, state, county, municipal, or other laws, rules, regulations, orders or permits, is prohibited.
(c)Authorized exceptions. Unless the director determines that it is not properly managed or otherwise is not acceptable, the following discharges are exempt from the general prohibition set forth in subsection (a) of this section: flows from firefighting, water line flushing and other contributions from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising groundwaters, direct infiltration to the stormwater system, uncontaminated pumped groundwater, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, individual residential car washings, flows from riparian habitats and wetlands, and dechlorinated swimming pool contributions.
(d)Illicit connections. No person may maintain, use or establish any direct or indirect connection to the stormwater system that results in any discharge in violation of this article. This prohibition is retroactive and applies to connections made in the past, regardless of whether made under a permit, or other authorization, or whether permissible under laws or practices applicable or prevailing at the time the connection was made.
(e)Administrative order. The director may issue an order to any person to immediately cease any discharge, or any connection to the stormwater system, determined by the director to be in violation of any provision of this article, or in violation of any regulation or permit issued hereunder.
(Code 1987, § 102.03)
General prohibitions. Except as set forth in section 74-65, or as in accordance with a valid NPDES permit, any discharge to the stormwater system that is not composed entirely of stormwater is prohibited.
(b)Specific prohibitions. Any discharge to the stormwater system containing any sewage, industrial waste or other waste materials, or containing any materials in violation of federal, state, county, municipal, or other laws, rules, regulations, orders or permits, is prohibited.
(c)Notification of spills. As soon as any person has knowledge of any discharge to the stormwater system in violation of this article, such person shall immediately notify the director by telephone or other direct means and if such person is directly or indirectly responsible for such discharge, then such person shall also take immediate action to ensure the containment and cleanup of such discharge and shall confirm such telephone notification in writing to the director within three calendar days.
(d)Administrative order. The director may issue an order to any person to immediately cease any discharge, or connection to the stormwater system, determined by the director to be in violation of any provision of this article, or in violation of any regulation or permit issued hereunder.
(Code 1987, § 102.04)
The intent and purpose of this article is to protect the water resources of the City of Palm Beach Gardens from the harmful effects of over utilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implementation of its water shortage plan.
(Ord. No. 02-2001, § 2, 3-15-01)
The following terms, phrases, words and their derivatives, when used in this article, shall have the meanings ascribed to them in this section. When not inconsistent with the context, words used in the present tense 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.
“District” means the South Florida Water Management District.
“Person” means any person, firm, partnership, association, corporation, company, or organization of any kind.
“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.
“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.
“Water shortage emergency” means that situation when the powers which can be exercised under Part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses.
(Ord. No. 02-2001, § 2, 3-15-01)
The provisions of this article shall apply to all persons using the water resource within the geographical areas subject to the “water shortage” or “water shortage emergency,” as determined by the district, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies.
(b)The article shall not apply to persons using treated effluent or saltwater.
(Ord. No. 02-2001, § 2, 3-15-01)
The declaration of a water shortage or water shortage emergency within all or part of the City of Palm Beach Gardens by the governing board or executive director of the district shall invoke the provisions of this article. Upon such declaration all water use restrictions or other measures adopted by the district applicable to the City of Palm Beach Gardens, or any portion thereof, shall be subject to enforcement action pursuant to this article. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or other any order issued pursuant thereto, shall be a violation of this article.
(Ord. No. 02-2001, § 2, 3-15-01)
Failure to comply with the requirements of this article shall be subject to the following penalties:
First violation $25.00 Second violation $250.00 Third and subsequent violations Fine not to exceed $500.00 and/or imprisonment in the county jail not to exceed 60 days. Each day in violation of this article shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one written warning. The City of Palm Beach Gardens, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including, but not limited to emergency injunctive action, to enforce the provisions of this article. All monies collected pursuant to this article shall be deposited in the general fund of the City of Palm Beach Gardens.
(Ord. No. 02-2001, § 2, 3-15-01)
RESIDENTIAL/COMMUNITY Water-Use Restrictions
PHASE I MODERATE PHASE II SEVERE PHASE III EXTREME PHASE IV CRITICAL LANDSCAPE WATERING Lots Under 5 Acres •Odd Number Addresses 3 days 2 days 1 day 1 day Monday, Wednesday, Saturday Wednesday, Saturday Saturday Saturday Irrigation: 4—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 4—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 4—7 a.m. and Hand Watering: 5—7 p.m. Irrigation: 6—7 a.m. and Hand Watering: 5—7 p.m. •Even Number Addresses 3 days 2 days 1 day 1 day Tuesday, Thursday, Sunday Thursday, Sunday Sunday Sunday Irrigation: 4—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 4—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 4—7 a.m. and Hand Watering: 5—7 p.m. Irrigation: 6—7 a.m. and Hand Watering: 5—7 p.m. Lots Over 5 Acres •Odd Number Addresses 3 days 2 days 1 day 1 day Monday, Wednesday, Saturday Wednesday, Saturday Saturday Saturday Irrigation: 12:01—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 12:01—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 12:01—7 a.m. and Hand Watering: 5—7 p.m. Irrigation: 4—7 a.m. and Hand Watering: 5—7 p.m. •Even Number Addresses 3 days 2 days 1 day 1 day Tuesday, Thursday, Sunday Thursday, Sunday Sunday Sunday Irrigation: 12:01—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 12-01—8 a.m. and Hand Watering: 5—7 p.m. Irrigation: 12:01—7 a.m. and Hand Watering: 5—7 p.m. Irrigation: 4—7 a.m. and Hand Watering: 5—7 p.m. NEW LANDSCAPING (in place less than 30 days) Lots Under 5 Acres 5 days 4 days 3 days 1 day Monday through Friday Monday, Wednesday, Thursday, Friday Monday, Wednesday, Friday Saturday Irrigation: 2—8 a.m. Irrigation: 2—8 a.m. Irrigation: 2—7 a.m. Irrigation: 6—7 a.m. Lots Over 5 Acres 5 days 4 days 3 days 1 day Monday through Friday Monday, Wednesday, Thursday, Friday Monday, Wednesday, Friday Saturday Irrigation: 12:01—8 a.m. Irrigation: 12:01—8 a.m. Irrigation: 12:01—7 a.m. Irrigation: 4—7 a.m. All Lots Low volume hand watering/irrigation allowed anytime. 3 days Monday, Wednesday, Friday Low volume hand watering/irrigation IRRIGATION SYSTEMS (deaning, adjusting, repairing) Existing Systems 10 minutes per zone per week. Cleaning and adjusting prohibited. New Systems 10 minutes per zone on a one-time basis. Cleaning and adjusting prohibited. PESTICIDE APPLICATION All lots Application is allowed on the same schedule as landscape watering (with voluntary reduction). If applied outside of the allowed hours, a licensed pesticide technician must be on the premises. OTHER Car/Boat Washing Allowed 4—8 a.m. according to landscape watering days. Allowed 4—7 a.m. according to landscape watering day. Allowed 6—7 a.m. according to landscape watering day. Washing allowed 5—7 p.m. on landscape watering days. Use automatic shut-off nozzle and drain to porous surface. Boat Rinsing After Salt Water Use Allowed once a day, up to 15 minutes per boat. Boat Washing As Primary Residence Allowed on landscape watering days, based on odd or even slip number. Swimming Pool Filling/Refilling Filling or refilling allowed. Must drain to porous surface. Filling of new pool allowed. Refill only if leaking more than one inch per day. Filling or refilling of new or existing pool prohibited. Ornamental (aesthetic) Water Uses Operating recirculating water features allowed. Outside/Inside uses prohibited. Washing Non-Porous Surface (sidewalks, etc.) Washing/rinsing with a hose NOT allowed. Low volume pressure cleaning only Outside Pressure Cleaning (Low Volume) 7 days Voluntary Reduction 5 days Voluntary Reduction Monday through Friday 2 days Voluntary Reduction Monday, Wednesday COMMERCIAL/RECREATION Water-Use Restrictions
PHASE I MODERATE PHASE II SEVERE PHASE III EXTREME PHASE IV CRITICAL IRRIGATION SYSTEMS (deaning, adjusting, repairing)* Less Than One Acre Permitted 10 minutes per zone per week. One or More Than One Acre Permitted one hour per acre per week. PESTICIDE APPLICATION Licensed Individual/Company Application is permitted anytime with voluntary reduction. MOBILE EQUIPMENT WASHING Commercial Establishment Permitted anytime, Limited to 75 gallons or less per vehicle for cars, vans, and small trucks (under 10,000 lbs). Large trucks (over 10,000 lbs.) limited to 150 gallons or less. Permitted 8:00 a.m. 3:00 p.m. Limited to 75 gallons or less per vehicle for cars, vans, and small trucks (under 10,000 lbs.). Large trucks (over 10,000 lbs.) limited to 150 gallons or less. Licensed Individual/Company Washing/detailing permitted anytime using low volume methods, voluntary reduction. NURSERIES Low Volume Irrigation/Hand Watering Permitted anytime, voluntary reduction. Overhead Irrigation (inside) Permitted daily, 8:00 a.m.—8:00 p.m. Permitted on odd numbered calendar days, 8:00 a.m.—8:00 p.m. Permitted on odd numbered calendar days, 8:00 a.m.—4:00 p.m. Overhead Irrigation (outside) Permitted daily, 7:00 p.m.—7:00 a.m. Permitted on odd numbered calendar days, 7:00 p.m.—7:00 a.m. Permitted on odd numbered calendar days, 12:01—7:00 a.m. Permitted on odd numbered calendar days, 2:00 a.m.—7:00 a.m. Moisture Stress Relief for Containerized Nursery (one gallon or less) Permitted daily, 10 minutes per irrigation zone: 11:30 a.m.—12:00 p.m. (noon); 1:30 p.m.—2:00 p.m.; 3:30 p.m.—4:00 p.m. Flood Irrigation Permitted 8 days per month. Permitted 6 days per month. Permitted 4 days per month. Permitted 2 days per month. LANDSCAPE WATERING Same schedule as residential landscape watering. AGRICULTURE Overhead Irrigation (including portable volume guns) Permitted daily 2:00 p.m.—10:00 a.m. Permitted daily 7:00 p.m.—7:00 a.m. Moisture Stress Relief (field-grown citrus nursery stock) Permitted daily, 10 minutes per irrigation zone: 11:30 a.m.—12:00 p.m. (noon) 1:30 p.m.—2:00 p.m. Permitted daily, 10 minutes per irrigation zone: 11:30 a.m.—12:00 p.m. (noon); 1:30 p.m.—2:00 p.m.; 3:30 p.m.—4:00 p.m. Soil Flooding Permitted for vegetable seed and rice planting, burning sugarcane before harvest, and harvesting of sod. GOLF COURSES Greens and Tees (only during non-daylight hours for all Phases) Permitted daily during non-daylight hours. GREENS: voluntarily reduced. TEES: front nine holes permitted Monday, Wednesday, Saturday; back nine holes permitted Tuesday, Thursday, Sunday. GREENS: voluntarily reduced. TEES: front nine holes permitted Saturday; back nine holes permitted Sunday. Front Nine Fairways, Roughs, Non-playing Areas 3 days Monday, Wednesday, Saturday 12:01 a.m.—8:00 a.m. 2 days Wednesday, Saturday 12:01 a.m.—8:00 a.m. 1 day Saturday 12:01 a.m.—7:00 a.m. 1 day Saturday 4:00 a.m.—7:00 a.m. Back Nine Fairways, Roughs, Non-playing Areas 3 days Tuesday, Thursday, Sunday 12:01 a.m.—8:00 a.m. 2 days Thursday, Sunday 12:01 a.m.—8:00 a.m. 1 day Sunday 12:01 a.m.—7:00 a.m. 1 day Sunday 4 a.m.—7:00 a.m. Newly Seeded, Sprigged Areas (planted for less than 30 days) Permitted daily, 10 minutes per Irrigation zone: 11:30 a.m.—12:00 p.m. (noon); 1:30—2:00 p.m.; 3:30—4:00 p.m. Permitted daily, 5 minutes per Irrigation zone: 11:30 a.m.—12:00 p.m. (noon); 1:30—2:00 p.m.; 3:30—4:00 p.m. PROHIBITED RECREATION AREAS (Watering new or existing landscaping permitted during residential landscape watering schedule.) Newly Seeded, Sprigged Areas (planted for less than 30 days) Permitted daily, 10 minutes per Irrigation zone: 11:30 a.m.—12:00 p.m. (noon); 1:30—2:00 p.m.; 3:30—4:00 p.m. Permitted daily, 5 minutes per Irrigation zone: 11:30 a.m.—12:00 p.m. (noon); 1:30—2:00 p.m.; 3:30—4:00 p.m. Less than 5 acres permitted Mon., Wed., Fri., 4:00—7:00 a.m. 5 acres or more permitted Mon., Wed., Fri., 12:01—7:00 a.m. Less than 5 acres permitted Saturday, 6:00—7:00 a.m. 5 acres or more permitted Saturday, 4:00—7:00 a.m. Recreation/Sporting Surfaces (porous, non-vegetated) Permitted daily, 10 minutes prior to each event using low volume watering. Pressure Cleaning (low volume, voluntary reduction) 7 days 5 days Monday through Friday 2 days Monday, Wednesday * For recreation areas, golf courses, nurseries, and other agricultural uses refer to the Water Shortage Rule. (Ord. No. 02-2001, § 2, 3-15-01)
WATER LAWS – Fines, Restrictions POLICED . . .Chapter 74 – UTILITIES | Code of Ordinances | Palm Beach Gardens, FL | Municode Library
WATER LAWS – Fines, Restrictions POLICED . . .Chapter 74 – UTILITIES | Code of Ordinances | Palm Beach Gardens, FL | Municode Library