HomeMy WebLinkAboutO-14038City of Miami
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Ordinance14038
Miami, FL 33133
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Legislation
File Number:9329Final Action Date:12/9/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
22.5/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
CONFORM WITH THE REVISED SOUTH FLORIDA WATER MANAGEMENT
-ROUND LANDSCAPE IRRIGATION
CONSERVATION MEASURES, THEREBY UPDATING DEFINITIONS,
PROVIDING FOR WATER SHORTAGE EMERGENCIES AND YEAR-ROUND
WATER CONSERVATION, PROVIDING FOR VARIANCES, AND PROVIDING
ENFORCEMENT AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Alex Diaz de la Portilla, Commissioner Ken Russell,
Commissioner Manolo Reyes, Commissioner Christine King
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA;
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Chapter 22.5/Article IV of the Code of the City of Miami, Florida, as
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amended, is further amended in the following particulars:
GREEN INITIATIVES
***
ARTICLE IV. -WATER CONSERVATION
Sec. 22.5-71. -Intent.
The intent of the water conservation ordinance \[this article\] is to establish a water
conservation program that serves to protect the quality and quantity of the water resources of
the city. The city will cooperate with the South Florida Water Management District and Miami-
Dade County to promote methods to conserve and reuse this valuable resource for city
residents as well as city operations.to implement procedures to protect the water resources of
the City of Miamiand to promote water conservation through the efficient use of
(District) mandatory year-round landscape irrigation conservation measures under Chapter
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Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of MiamiPage 1of 8File ID: 9329 (Revision: ) Printed On:6/5/2025
File ID: 9329 Enactment Number: 14038
40E-24, Florida Administrative Code (F.A.C.). This Article will increase water use efficiency;
prevent and curtail wasteful irrigation practices by providing mandatory landscape irrigation
conservation measures; and prohibit the operation of irrigation systems in a manner causing
water to be wasted.
Sec. 22.5-72. Definitions.
Address means the "house number" (a numeric alphanumeric designation) that, together
with the street name, describes the physical location of a specific property. This includes "rural
route" numbers but excludes post office box numbers. If a lot number in a mobile home park or
similar community is used by the United States Postal Service to determine a delivery location,
the lot number shall be the property's address. If a lot number in a mobile home park or similar
residential community is not used by the United States Postal Service (e.g. the park manager
sorts incoming mail delivered to the community's address), then the community's main address
shall be the property's address. If a property has no address it shall be considered "even-
numbered."
Athletic recreation area means all golf course fairways, tees, roughs and greens and
other athletic play surfaces; including, football, baseball, soccer, polo, tennis and lawn bowling
fields, rodeo, equestrian and livestock arenas.
City means the City of Miami.
City manager means the city manager or designee.
Code Inspector means any Code Inspector or agent authorized to ensure code
compliance as defined in Section 2-813 of the City Code, as may be amended from time to time.
Consumptive Use Permit (CUP) means a permit issued pursuant to Chapter 40E-2,
F.A.C., authorizing the consumptive use of water.
District means the South Florida Water Management District (SFWMD), a government
entity created under Chapter 373, Florida Statutes, as may be amended from time to time.
Even numbered address means an address ending in the numbers 0, 2, 4, 6, 8 or the
letters AM, or locations with no address, such as rights-of-way.
Existing landscape means any landscaping which has been planted and in the ground
for more than 60 ninety (90) days.
Irrigation systems means equipment and devices which deliver water to the landscape
being irrigated including, but not limited to, pumping stations, controls, main and submain
pipelines, lateral pipelines, emitters, valves, fittings, and safety devices.
Landscape means all residential, commercial, institutional, industrial, or governmental
areas which are ornamentally planted including, but not limited to, turf, ground covers, flowers,
shrubs, trees, sand, mulch, hedges and similar plant materials, lawns, sod, grass, and such
other flora, not intended for resale, which are situated in such diverse locations as residential
landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments,
public medians, and rights-of-way except athletic play areas as defined in this section.
Landscape irrigation means the outside watering of shrubbery, trees, lawns, sod, grass,
ground covers, plants, vines, ornamental gardens, and such other flora not intended for resale,
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which are planted and are situated in such diverse locations as residential landscapes,
recreation areas, cemeteries, public, commercial, and industrial establishments, public medians,
and rights-of-way except athletic play areas as defined in this section.
Low volume hand watering means the watering of landscape by one (1) person, with one
(1) hose, fitted with a self-canceling or automatic shutoff nozzle.
Low volume irrigation means the use of equipment and devices specifically designed to
allow the volume of water delivered to be limited to a level consistent with the water requirement
of the plant being irrigated and to allow that water to be placed with a high degree of efficiency
in the root zone of the plant. The term also includes water used in mist houses and similar
establishments for plant propagation. Overhead irrigation and flood irrigation are not included.
Micro-irrigation means the application of small quantities of water on or below the soil
surface as drops or tiny streams of spray through emitter or applicators placed along a water
delivery line, including methods or concepts such as bubblers, drips, trickles, mists or
microsprays, and subsurface irrigation.
New landscaping means any landscaping which has been planted and in the ground for
60 90 days or less.
Odd numbered address means an address ending in the numbers 1, 3, 5, 7, 9, or the
letters NZ.
Reclaimed water means wastewater that has received at least secondary treatment and
basic disinfection and is reused after flowing out of a wastewater treatment facility as defined by
Rule 62-40.210, F.A.C.
User means any person, individual, firm, association, organization, partnership, business
trust, corporation, company, agent, employee or other legal entity whether natural or artificial,
the United States of America, and the State of Florida and all political subdivisions, regions,
districts, municipalities, and public agencies thereof, which directly or indirectly takes water from
the water resource, including uses from private or public utility systems, uses under water use
permits issued pursuant to Chapter 40E-2 or 40E-20, F.A.C., or uses from individual wells or
pumps.
Water waste Wasteful and Unnecessary means allowing water to be dispersed without
any practical purpose; for example, excessive landscape irrigation, leaving an unattended hose
on a driveway with water flowing, allowing water to be dispersed in a grossly inefficient manner,
regardless of the type of water use; for example, allowing landscape irrigation water to
unnecessarily fall onto pavement, sidewalks and other impervious surfaces; allowing water flow
through a broken or malfunctioning water delivery or landscape irrigation system.
Water resource means water on or beneath the surface of the ground including, but not
limited to, natural or artificial watercourses, lakes, ponds, or diffused surface water, and water
percolating, standing, or flowing beneath the surface of the ground.
Water Shortage means when the District determines there is the possibility that
insufficient water will be available to meet the present and anticipated needs of the users or
when conditions are such as to require a temporary reduction in total use within a particular
area to protect water resources from serious harm. A Water Shortage usually occurs due to
drought.
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Water Shortage Emergency means when the District determines the provisions listed in
Part II of Chapter 40E-21, F.A.C., are not sufficient to protect the public health, safety, or
welfare; the health of animals, fish, or aquatic life; a public water supply; or commercial,
industrial, agricultural, recreational, or other reasonable-beneficial uses.
Sec. 22.5-73. Application. The provisions of this Code shall apply to each user providing
landscape irrigation from all water resources within the boundaries of the City of Miami. The
provisions of this Article shall not apply to athletic play areas or agricultural operations (including
nurseries) and irrigation accomplished using reclaimed water or saltwater.
Sec. 22.5-734. Water shortage emergency.
(a) Applicability. All properties owners under the authority of the Miami-Dade Water and
Sewer Department ("MDWASD") within the city limits.
(ba) Water Shortage guidelines.
(1) The city hereby adopts the water shortage plan, Rule 40E-21, Florida Administrative
Code, as amended, which is hereby adopted and incorporated by reference.
(2) The declaration of a water shortage or water shortage emergency as defined by the
governing board or executive director of the district, within all or any part of the city,
shall invoke the provisions of this article. The Declaration of a Water Shortage
condition and/or Water Shortage Emergency in accordance with Part II of Chapter 40E-
Director shall supersede this Code for the duration of the applicable declaration.
(2) A Water Shortage or Water Shortage Emergency order shall supercede mandatory
year-round water irrigation measures until the more restrictive measure is rescinded by
the District.
(3) Upon such declaration the District issuing a Water Shortage order, all water use
restrictions or other measures adopted by the district shall be applicable to the city or
any portion thereof and shall be enforced pursuant to subsection (b). Any violation of
the provisions of Chapter 40E-21, F.A.C. as amended, or any order issued pursuant
thereto, shall be a violation of this section.
(34) Such a declaration would apply to all users using the water resource within the
geographical areas subject to a 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, but shall not apply to
users using reclaimed water or saltwater.
(cb) Enforcement. Every Code Inspector code enforcement officer or other designee of the
city manager shall, in connection with all other duties imposed by law, diligently enforce the
provisions of this section.
(c) Penalty.
(1) Violations of the provision of this article may be punished pursuant to F.S. ch. 162, as
amended and the code enforcement ordinance of the city, as amended with a civil
infraction.
(2) Violations of any provision of this section shall be subject to chapter 2, article 10, and
to the following penalties:
a. First violation: Written Warning.
Second violation: Fine not to exceed $75.00.
Subsequent violations: Fine not to exceed $500.00.
b. Each day in violation of this section shall constitute a separate offense. For
purposes of this article, no person shall be found to have committed a repeat
violation of the provisions of this article that occurred during a prior water shortage
or water shortage emergency which is no longer in effect.
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(3) The provisions of this article are not the exclusive remedy or means for enforcement of
the code of the city and do not precluded any other remedies available by law.
Sec. 22.5-7475. Year-round water conservation.
(a) Intent.
(1) To assist in reducing overall per capita water use in the city in accordance with the
goals established by MDWASD.
To reduce landscape irrigation and irrigation-related Water Waste to Wasteful and
Unnecessary water use by residents and other entities that receive water from
MDWASD as well as water from other ground water and surface water sources for
landscape irrigation.
(2) To reduce water waste, i.e., overwatering, inefficient watering.
(b) Year-round watering restrictions. These restrictions apply to all property owners within the
city, unless otherwise specified.
(1) Irrigation of existing landscaping is allowed two days a week, on the following
schedule:
a. Landscape irrigation of existing landscaping shall be prohibited between the hours
of 10:00 a.m. and 4:00 p.m.
b. Residents and businesses with an odd-numbered properties: Landscape irrigation
is permitted on Wednesdays and Saturdays only. Residents and businesses with
odd-numbered addresses may accomplish necessary landscape irrigation only on
Wednesdays, and/or Saturdays.
c. Residents and businesses with even-numbered properties: Landscape irrigation is
permitted on Thursdays and Sundays. Residents and businesses with even-
numbered addresses and rights-of-way, or other locations without an address,
may accomplish necessary landscape irrigation only on Thursdays, and/or
Sundays.
(2) Irrigation of new landscaping shall comply with the following provisions:
a. Irrigation of new landscaping shall be prohibited between the hours of 10:00 a.m.
and 4:00 p.m. daily, except as otherwise provided herein.
b. On the day the new landscaping is installed, the new landscaping may be irrigated
once without regard to the normally allowable watering days and times. Irrigation
of the soil immediately prior to the installation of the new landscaping is also
allowable without regard to the normal allowable watering days and times.
c. The 60-day period A ninety (90) day establishment period begins the day the new
landscaping is installed. The new landscaping shall be installed within a
reasonable time from the date of purchase which may be demonstrated with a
dated receipt or invoice.
d. Irrigation of new landscaping which has been in place for thirty (30) days or less
may be accomplished on Monday, Tuesday, Wednesday, Thursday, Saturday
and/or Sunday.
e. Irrigation of new landscaping which has been in place for 30 to 60 thirty-one (31)
to ninety (90) days may be accomplished on Monday, Wednesday, Thursday,
and/or Saturday.
f. Irrigation of the new landscaping is limited to areas containing the new landscaping
only. An entire zone of an irrigation system shall only be utilized for landscape
irrigation under this paragraph if the zone in question is for an area that contains at
least 50 percent new landscaping. If a zone contains less than 50 percent new
landscaping, or if the new landscaping is in an area that will not typically be
irrigated by an irrigation system, only the individual new plantings are eligible for
additional irrigation under this paragraph. Targeted watering may be accomplished
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by low volume hand watering, or any appropriate method which isolates and
waters only the new landscaping.
(3) Landscape Irrigation systems may be operated during outside restricted days and/or
times for cleaning, maintenance, and repair purposes with an attendant on site in the
area being tested. Landscape irrigation systems may routinely be operated for such
purposes no more than once per week, and the run time for any one test should not
exceed ten minutes per zone.
(4) Landscape irrigation for the purpose of water-in fertilizers, insecticides, pesticides,
fungicides and herbicides, where such watering-in is recommended required by the
manufacturer, or be by federal, state or local law, or best management practices, shall
be allowed under the following conditions:
a. Such watering-in shall be limited to one (1) application unless the need for more
than one application is stated in the directions for application specified by the
manufacturer in the absence of specific alternative instructions from the
manufacturer; and
b. Such watering-in shall be accomplished during normally allowable watering days
and times set forth in subsections (b)(1) and (2) unless a professional licensed
applicator has posted a temporary sign containing the date of application and the
date(s) of needed watering in activity.
(5) Any plant material may be watered using low volume irrigation, micro-irrigation, low-
volume hand watering methods, and rain barrels, cisterns, or other rain harvesting
devices without regard to the watering days or times allowed pursuant to this section.
(6) The following shall be exempt from the requirements of subsections (b)(1)(3):
a. Low-volume irrigation systems and hand-watering including but not limited to the
use of a hose with a self-canceling or closing nozzle.
b. Irrigation with treated wastewater effluent, reclaimed water in accordance with
federal, state and local water reuse quality standards, or the use of saltwater.
c. Irrigation of landscaping for purposes of watering in fungicides, insecticides and
herbicides, where watering is required by the manufacturer or by federal, state or
local laws. This exemption shall apply only to licensed pest control applicators and
shall be limited to the minimum amount specified by the manufacturer's
recommendations for the products applied.
d. The operation of irrigation systems for installation, cleaning, repairs, and
maintenance purposes by a licensed irrigation contractor or the property owner(s).
Each irrigation zone may be tested no more than once a week by the property
owners and more frequently by a licensed irrigation contractor. However, such
testing shall be limited to the minimum necessary to maintain efficient operation of
the system.
e. Irrigation of new lawns and landscaping between 11:00 a.m. and 12:01 p.m. daily
for a period of 30 days or until the lawn or landscaping is considered established,
whichever period is shorter.
(7) Enforcement. Every code enforcement officer or designee of the city manager shall, in
connection with all other duties imposed by law, diligently enforce the provisions of
this section.
(8) Penalties. Violations of any provision of this section shall be subject to chapter 2,
article 10, and to the following penalties:
a. First violation: $75.00 fine.
Second and subsequent violations: Fine not to exceed $500.00.
b. Each day in violation of this section shall constitute a separate offense.
c. The provisions of this article are not the exclusive remedy or means for
enforcement of the Code of the city and do not precluded any other remedies
available by law.
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(7) In addition to the specific listed measures, all Wasteful and Unnecessary water use is
prohibited.
(8) In the event the District imposes restrictions on landscape irrigation for new and existing
installations which are more restrictive than those imposed by this Code such as under
the declaration of a Water Shortage or Water Shortage Emergency, the more restrictive
regulations shall apply for the applicable duration of the more restrictive regulations.
(9) It shall be the duty of each user to keep informed as to the landscape irrigation
conservation measures within this Code, which affect each particular water use.
(10) Any user who purchases and installs an automatic landscape irrigation system shall
properly install, maintain, and operate technology that inhibits or interrupts operation of
the system during periods of sufficient moisture in accordance with Section 373.62,
Florida Statutes, and Section 22.5-75 of the City Code.
Sec. 22.5-756. Requirements for plumbing fixtures.
* * *
Sec. 22.5-77. Variances
(a) Variances.
(1)
designee. A variance from specific day or days identified in Section 22.5-75 may be
granted if strict application of the restrictions would lead to unreasonable or unfair
results, provided the applicant demonstrates with particularity that compliance with the
schedule will result in substantial economic, health, or other hardship on the applicant
or those the applicant serves. Relief may be granted only upon a demonstration that
such hardship exists, is peculiar to the person or the affected property, is not self-
imposed, and further demonstrates that granting the variance would be consistent with
the general intent and purpose of this Code. Examples of circumstances for a variance
include, but are not limited to:
a. Two (2) or more properties which share a common source of water;
b. A public or private water system experiencing or anticipating distribution problems;
c. A user maintains an irrigation system that uses soil moisture sensors or weather-
based irrigation controllers;
d. Where a contiguous property is divided into different zones, a variance may be
granted so that each zone may be irrigated on days different than other zones of the
property; or
e. Where a user maintains, manages, or owns a non-residential property, such as a
house of worship or weekly market (farmer/flea), where the primary day of use,
operation, or attendance for the property coincides with the prescribed watering day for
the address.
(2) If a variance is approved in accordance with Section 22.5-76(1), no single zone may be
irrigated more than two (2) days per week unless a user maintains an irrigation system
that uses soil moisture sensors or weather-based irrigation controllers.
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(3)If a variance is granted, the user shall be required to post a notice at each parcel to
which the variance pertains.
(4)A variance is invalid if it has expired or if the user or its agent violates the terms of the
variance.
(5)Recognition of District Variances. The City of Miamirecognizes and adopts all irrigation
variances or waivers issued by the District.
Sec. 22.5-78. Enforcement and Penalties
(a)Enforcement. EveryCode Inspectorcode enforcement officeror designee of the city
manager shall, in connection with all other duties imposed by law, diligently enforce the
provisions of this Article.section.
(b)Penalties. Violations of any provision of this section shall be subject to chapter 2, article 10,
and to the following penalties:
(1)First violation:Written Warning.
Second violation: Fine not to exceed $75.00.
Subsequent violations: Fine not to exceed $500.00.
(2) Each day in violation of this section shall constitute a separate offense.
(3) The provisions of this article are not the exclusive remedy or means for enforcement
of the Code of the city and do not precluded any other remedies available by law.
Secs. 22.5-76922.5-90. Reserved
**
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of the
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective upon adoption and signature of the
2
Mayor.
APPROVED AS TO FORM AND CORRECTNESS:
Ћ
This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission.
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