(a)

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. 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.

(b)

The word "shall" is always mandatory and not merely directory.

DISTRICT. The South Florida Water Management District.

PERSON. 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 water courses, 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 EMERGENCY. That situation when the powers which can be exercised under Part II of F.A.C. Chapter 40E-21 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.

The City Council does hereby declare that an emergency exists and that an emergency enactment of this chapter is necessary by no less than six members of the Council of the City of Cape Coral and the City Council does hereby waive, pursuant to Charter § 4.19 and F.S. § 166.041 any notice requirement inconsistent with the adoption of this emergency ordinance.

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.

F.A.C. Chapter 40E-21, as may be amended from time to time, is incorporated herein by reference.

The declaration of a water shortage or water shortage emergency within all or any part of Lee County by the governing board or the Executive Director of the District shall invoke the provisions of this chapter. Upon the declaration, all water use restrictions or other measures adopted by the District pursuant to F.A.C. Chapter 40E-21, applicable to the City of Cape Coral, or any portion thereof, shall be subject to enforcement action pursuant to this chapter. The South Florida Water Management District "Water Shortage" Plan shall be kept on file with the Clerk of the City of Cape Coral. Any violation of the provisions of F.A.C. Chapter 40E-21 or any order issued pursuant thereto, shall be a violation of this chapter. All water use restrictions or other measures adopted by the District pursuant to F.A.C. Chapter 40E-21, shall supersede all other water use restrictions or other measures previously adopted by the City Council until the water shortage restrictions are rescinded by the District. All water use restrictions adopted by the District shall be enforced subject to any variances granted by the District.

(Ord. E1-07, § 1, 4-16-2007)

Every police officer and Code Enforcement Officer 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 City Manager, through Cape Coral administrative procedures, may also delegate enforcement responsibility to any other department of city government.

(Ord. 23-90, 4-16-1990; Ord. 142-07, 11-19-2007)

(a)

Violation of any provision of this chapter shall be subject to the penalties provided in Section 19-94, Cape Coral Code of Ordinances.

(b)

Each violation of this chapter 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.

(c)

The city, in addition to the provisions herein, may take any other additional action, including but not limited to, emergency injunctive action to enforce the provisions of this chapter.

(Ord. 23-90, 4-16-1990; Ord. 26-08, 2-11-2008; Ord. No. 32-25, § 2, 6-4-2025)

No water service shall be furnished to any person by a public or private utility unless the person agrees to accept all the provisions of this chapter. The acceptance of water service shall be, in itself, the acceptance of the provisions hereof.

(Ord. 1-85, 3-20-1985)