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El Portal City Zoning Code

ARTICLE III

- GENERAL REGULATIONS

Sec. 24-17. - Parking and on-site traffic.

The purpose of this article is to provide adequate motor vehicle and bicycle parking, prevent traffic hazards and encourage innovative site designs, the retention of open space and improved pedestrian orientation. Every use or structure instituted or erected after the effective date of this article shall be provided with adequate off-street parking facilities in accordance with the provisions of this article for the use of occupants, employees, visitors or patrons.

There shall be permanently maintained off-street parking for vehicles in connection with any building or premises used or designed to be used for the purposes set forth in this division.

For the purposes in this chapter it is determined that one automobile parking space shall be a minimum of nine by 19 feet (171 square feet) usable for parking an automobile and that there shall be adequate interior driveways, exclusive of ingress and egress driveways, to connect such parking place with a public street or alley.

(a)

Parking space requirements.

(1)

The number of parking spaces required for uses not specifically listed in the matrix below shall be determined by the village council. The council shall consider requirements for similar uses and appropriate traffic engineering and planning data, and shall establish a minimum number of parking spaces based upon the principles of this section.

(2)

Where a mixed use development is proposed, whether the mixed uses are in separate buildings within a development or in a single building, the parking standards for each proposed use shall be required, unless a reduction is granted by the village council as a part of site plan approval.

TABLE OF REQUIRED PARKING SPACES

For the table of required parking spaces, refer to chapter 24, appendix B: Form-Based Code.

(b)

Design of parking lots.

(1)

Parking spaces to comply with this article must be constructed of asphaltic concrete, concrete or equal on a properly constructed and compacted base unless an alternative landscaped area is approved as part of a site plan, conditioned upon paving the landscaped area when determined necessary by the village manager, based upon the frequency of usage and the condition of the area, adequately drained so as to not cause any nuisance to adjacent property, and a minimum of nine by 19 feet (171 square feet) usable for parking an automobile, with clear access thereto the area needed for clear access thereto to be in addition to the 171 square feet required for each parking space as aforesaid) and shall be located on the same property as the main buildings, provided, however, that in no event shall the front yard be utilized for the parking of automobiles at any time. Permanent substantial barriers shall be constructed and maintained and so placed as to prevent motor vehicles on any part thereof from being driven or parked within less than one foot from the rear lot line.

(2)

Parking lots shall be designed to assure safe vehicular and pedestrian circulation. All parking and loading spaces in commercial and industrial areas shall be marked to indicate their proper location and area requirements. Off-street parking facilities not clearly evident from a street or alley shall be identified as to location and purpose.

(3)

For churches or other similar institutions where parking needs are limited to one or two days per week, 75 percent of the required parking spaces may be grass. Aisles and circulation areas shall be paved. This exemption may be approved upon a finding by the village council that there would be no detrimental effect due to erosion or other degrading of the natural environment.

(c)

Access and circulation plan required. All proposed development projects required to submit a site plan shall provide an access and circulation plan with the application for development approval. All access points shall meet access management standards as per the Florida Department of Transportation, Miami-Dade County and appropriate engineering standards. The village's traffic consultant and appropriate review agencies shall approve proposed access points including proposed maneuvers to and from the public right-of-way prior to site plan approval. The plan shall demonstrate that the following standards for vehicular access and circulation are met by the proposed development:

(1)

All projects shall have one access to a public right-of-way; if a lot has more than 300 spaces, two access points shall be allowed.

(2)

A nonresidential development on a corner lot may be allowed two points of access, provided that neither point of access is onto a principal arterial and that any access onto a collector shall be a minimum of 300 feet from the intersection of the center lines of the rights-of-way.

In addition to vehicle parking requirements, a service area shall be provided for all buildings to ensure ready access by public or private vehicles for collection of refuse. Off-street parking facilities in multi-family and non-residential zoning districts shall include a bicycle parking area in a convenient location to encourage the use of bicycles. Required bicycle parking facilities shall be designed, constructed and maintained in accordance with context sensitive solutions criteria.

Off-street parking facilities in multi-family and non-residential zoning districts shall provide a minimum five-foot wide accessible routes separated from motor vehicle traffic and marked crosswalks from required public sidewalks to building entrances.

Off-street parking facilities in residential, multi-family and nonresidential zoning districts shall provide safe and convenient bicycle and pedestrian facilities as a means of travel within and between adjacent uses.

(d)

Alterations and expansions.

(1)

Where an alteration or expansion to a building is permitted which increases the floor area or capacity, off-street parking facilities as specified in this article shall be provided for the increased floor area or capacity.

(2)

Where an alteration, expansion or redevelopment to a building is permitted, bicycle parking shall be provided as specified in this article.

(3)

Where an alteration, expansion or redevelopment to a building or facility is permitted, handicapped parking and pedestrian access shall be provided as specified in this article.

(e)

Change of use.

(1)

When the use of a portion or all of a structure or land is changed, additional off-street parking facilities shall be provided to the extent that the off-street parking required for the new use exceeds the off-street parking for the previous use.

(2)

In addition to the above, if an existing site is determined inadequate by the Village based upon a lack of off-street parking facilities, no change or expansion of the use of the site or a structure on the site will be permitted if the effect of the change will be to render the site more inadequate than its current use.

(f)

Handicapped parking. Handicapped parking stalls shall be provided in accordance with applicable federal and state standards; such stalls shall be located in close proximity to aisle ways, accessible routes, elevators, ramps or such other facilities as are provided or required for use by and for accommodation of the handicapped. In parking structures, one in every eight accessible spaces, but not less than one space, shall be "van accessible." The vertical clearance shall be 98 inches at the van accessible parking space and along at least one vehicle access route to such spaces from site entrance and exit.

(g)

Plans. A plan shall be submitted with every application for a building permit for any use or structure required to provide off-street parking under this article. The plans shall clearly and accurately designate the required motor vehicle and bicycle parking spaces, required landscaped areas and planter islands, accessible routes, pedestrian and bicycle circulation, access aisles and driveways, and relation to the uses or structures these off-street parking facilities are intended to serve. All parking plans shall be reviewed and approved by the city's traffic consultant.

(h)

When units or measurements determining number of required off-street parking spaces result in the requirement of a fractional space, any such fraction shall require a full off-street parking space.

(Ord. No. 198, 3-13-90; Ord. No. 2011-007, § 2, 5-22-2012; Ord. No. 2017-02, § 2, 4-25-2017)

Sec. 24-17.5. - Reserved.

Editor's note— Ord. No. 2017-02, § 2, adopted April 25, 2017, repealed § 24-17.5, which pertained to residential driveway and parking standards and derived from Ord. No. 04-426, adopted April 24, 2004.

Sec. 24-18. - Floodplains and drainage.

(a)

Floodplains. No building shall be erected with the bottom floor elevation below the 100-year flood elevation of seven feet above mean sea level as shown on the FEMA Flood Insurance Rate Map.

(b)

On-site drainage. On-site drainage facilities shall be either detention ponds or trench drains that meet the level of service standard in article IV plus all appropriate county department of environmental resource management (DERM) and state or water management district requirements.

(Ord. No. 198, 3-13-90)

Sec. 24-19. - Environmentally sensitive areas.

(a)

Storm sewers into Little River Canal. No drainage structure shall be constructed that channels stormwater runoff directly into the Little River Canal. All such runoff shall first be detained by a natural swale or filtration trench.

(b)

Landscaped areas and native vegetation. At least 15 percent of any lot area must be retained in pervious landscaped, grass or natural coverage (including retention of native trees) to achieve runoff and pollution control, and aquifer recharge objectives. Any development subject to site plan review shall be required to retain any natural, native vegetation in the required setbacks and non-building area, to the maximum extent feasible. This shall also be done in accordance with chapter 23 of the Code of Ordinances.

(c)

Little River Canal bank preservation. Any development permit for a parcel abutting the Little River Canal shall be approved only if natural vegetation is preserved or planted in a manner acceptable to the village development administrator who in turn may consult with the county department of environmental resources management. This provision shall supersede Code of Ordinances section 23-16 for a distance of three feet from the water's edge.

(d)

Little River Canal access and view. Any redevelopment of the canal-front property east of the FEC Railroad shall not only meet (c) above but also preserve pedestrian views and access to the canal for those occupying the adjacent building or buildings. This shall be achieved through the site plan review process.

(e)

Tree preservation. Metropolitan Dade County Ordinance No. 89-8, pertaining to tree preservation is hereby adopted in its entirety as an ordinance of the Village of El Portal.

Cross reference— Adoption of tree ordinance, § 23-36.

Sec. 24-20. - Housing maintenance.

Article III (Housing Code), article IV (Dangerous or Unsanitary Buildings) and article V (Housing Maintenance) in chapter 5 of the Village Code, together with the following provisions, govern housing maintenance:

Section 5-20.1, Exterior paint color; and section 5-23, Cement or clay tile roofs required; exceptions.

(Ord. No. 198, 3-13-90; Ord. No. 203, § 1, 8-14-90)

Sec. 24-21. - Signs.

Purpose and intent. It shall be the purpose of this section to promote the aesthetics, safety, health, morals, property values, and general welfare and the assurance and protection of adequate light and air with said village by regulating the posting, displaying, erection, use and maintenance of signs. No signs shall be permitted on a plot either as a main or accessory use except in accordance with the provisions of this article.

(a)

Permitted signs.

RSF district—Temporary signs in conformance with section 24-21(d):
An identification or name plate sign, not to exceed one square foot in area, to identify the owner or occupant of the dwelling;

RO district—One on-premises monument or wall sign per office building not to exceed ten square feet in size and subject to site plan approval by the village council.
Temporary signs in conformance with section 24-21(d).

B-1 district—One premises ground sign (monument or pole) per lot not to exceed 12 square feet in size. The maximum height of a monument sign shall be four feet and a pole sign shall have the bottom of the face at least six feet above grade, but the top shall not exceed 12 feet above grade.
One on-premises wall sign per use with an area of not more than three square feet for each one lineal foot of building frontage.
Any development permit requiring site approval by the village council shall include a review of signage.

SP district—Same as RO district.

MU district—Special exception approval is required.

(b)

Permanent and temporary sign fees. A permit fee shall be charged as specified in the village fee ordinance.

(c)

Prohibited signs.

(1)

Off-premises signs meaning a sign advertising anything other than the name of a use on the subject premises.

(2)

Portable signs.

(3)

Street banners are prohibited, except with the consent of the village council.

(4)

It shall be unlawful to stencil, write, paint, erect or place advertising signs or notes upon the surface of any street or sidewalk in the village, except signs or decorations placed by the village.

(5)

A swinging or self-projecting sign located over streets, alleys or walkways.

(6)

A snipe sign.

(7)

Billboards.

(8)

Any sign which involves motion or rotation of any part of the structure or rotation of any part of the structure or display except any sign that involves a horizontal rotation and it is approved by the village council.

(9)

Any sign containing intermittent lighting or animation, except a time and temperature or variable sign permitted in business and commercial districts with approval of the village council.

(10)

An advertising sign placed on the non-street frontage side or rear of any building or property facing a residential area.

(11)

A roof sign.

(12)

Signs attached to, or placed on, a vehicle including trailers that are parked on private or public property shall also be prohibited. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Franchised buses or taxis are exempt from this section.

(13)

Electric signs in residential districts.

(14)

Political signs are prohibited unless they comply with the following restrictions, conditions and limitations:

No placement on right-of-way or other public property.

Placement of vacant lot; no placement on utility poles, traffic signs, etc.: No political sign shall be placed without the consent upon any unimproved lot without the written consent of the property owner filed with the village clerk prior to posting the sign. No political sign shall be placed upon any public utility pole or equipment, traffic control device or structure, bridge, guardrail or public traffic or location sign.

Political signs shall be permitted in all zoning districts but shall not be permitted to remain longer than 14 days after the election.

Signs in residential zoning districts: Each property owner or occupant in residential zoning districts shall be permitted one political sign per candidate or ballot issue. The maximum sign size shall be six square feet in area. The political sign shall not be illuminated.

Signs in other zoning districts: The maximum size of any political sign shall not exceed 32 square feet in area. The height of the political sign shall not exceed eight feet as measured at the top of the sign.

Political signs shall not use the word "STOP" or "DANGER" so as to present or imply the need or requirement of stopping or the existence of danger, in a manner which is a copy of official traffic signs.

No political sign shall be located within six feet of any easement upon which the sign is located. No political sign shall be located within ten feet of the edge of the pavement if there is no sidewalk. Political signs shall be located solely on the property side of the sidewalk if there is a sidewalk.

(d)

Temporary signs.

(1)

The village clerk shall issue upon written request a permit for a temporary "For Sale," "Open House" and " For Rent" sign.

(2)

The permit shall be valid for a period of six months and may be renewed for a like period upon the payment of the fee here and above provided.

(3)

Anyone placing such sign "For Sale," "Open House," or "House For Rent" wholly within the interior of the building shall be exempt from the provisions thereof.

(4)

Signs in non-residential zoning districts shall not exceed 120 square inches and not exceeding one sign on any one plot. The sign shall be constructed of metal, plastic, wood or pressed wood and shall be fastened to a supporting member constructed of angle iron not exceeding one inch by one inch. The supporting member shall be driven into the ground to provide that the top of the face of such sign shall not be more than four feet above the finished grade of the ground. All such signs shall be lettered professionally. Such signs shall be erected or placed so that its face is parallel to the front property line. Such signs shall be located no closer than ten feet to the front property line. "Open House" signs shall be permitted only on Saturday and Sunday and only during the hours of 10:00 a.m. and 6:00 p.m. and shall not be placed closer than ten feet to the front property line, and only at such times that an adult person in charge of such "Open House" is actually on the premises. Real estate "Auction" signs shall be permitted only after payment of proper license fees as provided in section 11-12(11)b of the Village Code. Said signs shall only be allowed on the property to be auctioned no closer than ten [feet] to the front property line. The placement of signs advertising said auction or directing traffic to such auction on the right-of-way is prohibited.

(5)

Signs placed according to the provisions herein are so placed by the authority of the village council. Any and all signs placed on any property within the village not in conformance to the provisions herein may be impounded, and by virtue of their placement of said signs the property owner and/or the real estate broker, firm or agent give their implied consent for the removal of such signs, including consent that the officers of the village may enter private property for the purpose of the removal of such signs.

(6)

The village council may revoke permits granted under the provisions herein, without refund of any fees paid, if signs are placed in any manner other than herein described. The village council may revoke all permits granted to a real estate broker, firm or agent for placement of signs within the village if said broker, firm or agent is found to be in violation of the provisions herein included, in three or more separate instances. The council may revoke any and all permits issued to a real estate broker, firm or agent who is found to have misrepresented a property in the village, specifically with regard to Article IV section 24 of the village code, to wit, those references to "single" or "one" family dwellings.

(7)

Temporary real estate signs for RSF uses shall not exceed six square feet. The sign lettering may contain the name, telephone number and address of the property owner, or a registered real estate broker. Additional rider signs, not to exceed three square feet may be included for supplemental information such as "by appointment only," "pool," etc. Unless there is a wall or building closer, upon which the sign may be placed, it shall be located at least ten feet from any property line, with the top of the sign no more than six feet above the ground.

Editor's note— It should be noted that the reference to Art. IV above apparently refers to provisions of the former Ch. 24. Additionally, the user's attention is directed to similar provisions in § 19-1.

(e)

Maintenance. All signs shall be maintained in good repair; the development administrator is empowered to remove substandard signs at the direction of the village council.

(f)

License required. It shall be unlawful for any person to engage in the business of signs or outdoor advertising, or in the business of erecting, altering or maintaining signs within the village, unless and until such person shall have acquired a municipal/county license, a certificate of insurance and a certificate of competency.

(Ord. No. 198, 3-13-90; Ord. No. 201, § 1, 5-8-90; Ord. No. 2011-007, § 2, 5-22-2012)

Cross reference— Signs and advertising, ch. 19.

Sec. 24-22. - Other general regulations.

(a)—(c)

Reserved.

(d)

Sidewalks and driveways.

(1)

Rebuilding or repairing: It shall be unlawful for any owner of any land contiguous to any walk, sidewalk, driveway or entrance to remain in such condition as to be detrimental or dangerous to persons on their property.

(2)

New construction: A sidewalk shall be required as a part of any new nonresidential development unless waived by the village council. A sidewalk shall not be required for residential development unless the village council so directs in order to maintain existing sidewalk continuity. When any walk, sidewalk, driveway or entrance within the limits of the village has been ordered paved or otherwise permanently improved, it shall be the duty of the property owner to proceed without delay to make such improvements in accordance with the provisions required by the village.

(3)

Notification: In case the property owner does not comply with the requirements, in constructing or repairing any walk, sidewalk, driveway or entrance in the village, notice shall be given in writing, sent by Certified United States Mail, with return receipt required, and allow said owner or agent thirty (30) days in which to comply with the notification. Upon failure of owner or agent to comply with the order, the village will cause said walk, sidewalk, driveway or entrance to be constructed or repaired and a lien placed upon the land contiguous to the improvements to bear the expense thereof, and the owner or agent of such land is subject to arrest.

(4)

See also chapter 20 of the Code of Ordinances.

(e)

Parking of trucks and similar vehicles.

(1)

Parking: It shall be unlawful to park or cause to be parked upon any public street or way or upon any private property in the village any truck, trailer, semitrailer, taxicab or school bus, except while loading or unloading any property or when such vehicle is parked in connection with and in aid of the performance of a service to or on the property being serviced. However, nothing herein contained shall be deemed to prohibit the parking of one truck, not exceeding three-quarters ton net weight on private premises provided that such truck shall be parked or stored in a garage or other fully enclosed structure or on the side yard of such private premises to the rear of a line established by the front building line furthest from the street and set back to at least the rear building line wherever possible or in the rear yard of the premises. No truck shall be parked in any side yard facing a street corner.

(2)

License: Such permitted vehicle shall, at all times, have attached a current vehicle registration license plate, and, if required, a current inspection sticker.

(3)

Repairs: No major repairs or overhaul work on such vehicle shall be made or performed on the site or any other work performed thereon which would constitute a nuisance.

(f)

Parking of boats, trailers, mobile homes, recreational vehicles.

(1)

It shall be unlawful to park for a period of more than 24 hours upon any public street or way of the village any boat, boat trailer, mobile home, motor home, camper or recreational vehicle designed for camping or to store upon any private property any of the herein and above enumerated items, excluding from hereof that portion of the village lying east of the Florida Eastcoast Railway right-of-way and commonly known as the mobile home park.

(2)

However, such equipment may be parked, or stored in a garage, or other fully enclosed building, or at the side of a house to the rear of a line established by the front building line furthest from the street and set back to at least the rear building line, wherever possible, or in the rear yard of said premises. The equipment may not be parked in a side yard on any lot facing a street intersection. It shall be unlawful for any person to place and maintain for more than 72 hours any automobile on concrete blocks, jacks, or any similar devices, or any public street or place or on any private property visible to public view.

(3)

No more than one item of such equipment may be parked or stored on any home residence, except, however, more than one item of such equipment may be so parked or stored if screened from public view and in such manner as not to be offensive to adjoining property owners. Boats shall be secured on boat trailers and must bear a current registration tag and be maintained in good repair. No derelict or junked equipment shall be permitted.

(4)

It shall further be unlawful to live, sleep or cook in any mobile home, motor home, camper or recreational vehicle that is parked or stored in the village (excluding the mobile home park herein above described).

(5)

Mobile homes, motor homes, campers and recreational vehicles hereby authorized shall not exceed nine feet in height or 26 feet in length.

(6)

The performance of machinery repairs or overhauling of automobiles, trucks, trailers, boats, motor homes, or campers involving noises sufficient in degree to disturb the peace and quiet of a neighborhood is unlawful.

(g)

Boats in the water.

(1)

Living on boats prohibited: The use of a boat or any floating structure as a place of residence is hereby prohibited.

(2)

Excavations for boat slips:

a.

Boat slips or similar excavations, shall not cover in the aggregate more than 25 percent of the rear yard area and shall only be permitted within the rear yard area and shall be adequately bulkheaded.

b.

Commercial enterprises regarding boats or similar structures are prohibited.

c.

The repairing, rebuilding or construction of any boat shall be done only on the lot which is owned by the owner of the boat and only within the rear yard area and only upon a lot which contains a dwelling, however the work may be done in a boat slip.

(3)

Permits for boat slip excavations: Permits for boat slips or similar excavations will not be granted for a vacant lot and only after a dwelling is completed and an occupancy permit is granted for the dwelling.

(h)

Satellite dish accessory building.

(1)

Definitions:

a.

A dish-shaped antenna designed to receive television broadcasts relayed by microwave signals from earth-orbiting communication satellites, including a low-noise amplifier (LNA) and a coaxial cable for the purpose of carrying signals to the interior of a building.

b.

Dish antenna height means the distance measured vertically from the bottom of the base (at ground level) which supports the dish antenna to its highest point when positioned for operation.

(2)

Location: Ground-mounted antennas must be located in the rear yard with a minimum rear setback at least equal to the antenna height, but not less than five feet, and provided they do not encroach on any required setbacks. Single-family residential roof-mounted dish antennas shall not be permitted.

(3)

Dimensions: The height of a dish antenna shall not exceed 16 feet, with a diameter not in excess of 12 feet.

(4)

Installation: The foundations for dish antennas shall be pole-mounted in a concrete base. The antenna and appurtenances shall be so constructed and installed so as to withstand the force due to wind pressure as provided for under the South Florida Building Code.

(5)

Number: Only one dish antenna shall be allowed for a single-family residence.

(6)

Color: Dish antennas and their appurtenances shall be nonreflective black, green, or the same color as the wall to which it is attached (if not freestanding) and, to the extent possible, shall be compatible with the appearance and character of the neighborhood.

(7)

Landscaping: Ground-mounted antennas shall be screened from view by landscaping so that they are not visible between ground level and ten feet above ground level from the street and adjacent property owners. Berms may be employed in conjunction with the landscaping plan.

(8)

Permits: No dish antenna shall be erected except on the basis of a permit issued by the planning and zoning department. An application for a permit shall be accompanied by a site plan indicating the height, diameter, color, location, setbacks, foundation details and landscaping plan.

(i)

Swales.

(1)

It shall be the responsibility of the owner of property, located in any zoning district within the village, to maintain the swale which abuts the property.

(Ord. No. 198, 3-13-90; Ord. No. 03-419, §§ 1—4, 7-22-2003; Ord. No. 2012-003, § 2, 11-19-2013; Ord. No. 2015-51, § 2, 12-15-2015; Ord. No. 2017-02, § 2, 4-25-2017)

Sec. 24-23. - Water shortage emergencies.

(a)

Intent and purpose. It is the intent and purpose of this article [section] to protect the water resources of the village 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.

(b)

Definitions.

(1)

District is the South Florida Water Management District.

(2)

Person is any person, firm, partnership, association, corporation, company or organization of any kind.

(3)

Water resource means 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.

(4)

Water shortage condition is 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.

(5)

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.

(c)

Applicability. The provisions of this article [section] 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. This article [section] shall not apply to persons using treated effluent or salt water.

(d)

Amendments to water shortage plan. Chapter 40E-21, Florida Administrative Code, as same may be amended from time to time, is incorporated herein by reference as part of the Code of Ordinances of the village.

(e)

Declaration of water shortage; water shortage emergency. The declaration of a water shortage or water shortage emergency within all or any part of the village by the governing board or the executive director of the district shall invoke the provisions of this article [section]. Upon such declaration all water use restrictions or other measures adopted by the district applicable to the village, or any portion thereof, shall be subject to enforcement action pursuant to this article [section]. Any violation of the provisions of Chapter 40-E, 21 Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this article [section].

(f)

Enforcement. Every police officer having jurisdiction in the village shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article [section]. In addition, the village council may also delegate enforcement responsibility for this article [section] to village staff in accordance with state and local law.

(g)

Penalties. Violation of any provision of this article [section] shall be subject to the following penalties: First violation, $25.00 and for second 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 [section] 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 village, 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 [section].

(h)

Water users to accept provisions. No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this article [section]. The acceptance of water service shall be in itself the acceptance of the provisions thereof.

(Ord. No. 198, 3-13-90)