(A) Beginning on the effective date of this chapter and on May 12 of each subsequent year, and ending May 31, 2004, and on May 31 of each subsequent year, it shall be unlawful for any consumer of municipal water or other person, or for the owner of any property using municipal water to cause, permit, suffer or allow any person to irrigate, sprinkle or otherwise apply water from the municipal water system to any lawns or gardens or other area of land on which grass, gardens, or shrubs are grown except according to the following schedules:
Area
| Restrictions |
For all premises lying north of Third Street of the town, or any extension thereof to the east or the west if premises lie outside the incorporated limits of the town | Monday, Wednesday and Friday only from 5:00 a.m. to 10:00 a.m. and from 5:00 p.m. to 10:00 p.m. |
For all premises lying south of Third Street of the town, or any extension thereof to the east or the west if premises lie outside the incorporated limits of the town, including, but not limited to, premises lying south of County Road W (commonly known as the “Peterson Road”) and west of Highway 285 | Tuesday, Thursday and Saturday only from 5:00 a.m. to 10:00 a.m. and from 5:00 p.m. to 10:00 p.m. |
(B) The watering of lawns, gardens and shrubs on days and times other than permitted days and times as hereinabove set forth is prohibited.
(C) Beginning on the effective date of this chapter and until its repeal or amendment thereof, it shall be unlawful for any consumer of municipal water or other person, or for the owner of any property using municipal water to cause, permit, suffer or allow any water derived from the municipal water system to be given, sold, delivered or utilized to or by any consumer thereof in any area lying outside of the areas now being served by municipal water. Notwithstanding the terms and provision of this division (C), nothing contained herein shall prohibit the town, by and through its Maintenance Department, to furnish and provide water derived from the town’s municipal water system to governmental entities such to include, but not limited to, the County Road and Bridge Department, the Colorado Department of Transportation, the County Weed District and other political subdivisions of the state, or to Excel Energy Corporation, the Centurytel Telephone or such other utility companies and suppliers, at no cost to such consumer so long as the town continues to receive, as it has in the past, from such governmental entities and utility companies the furnishing of street cleaning and sweeping services, painting of center stripping of town streets not otherwise part of the state highway, system, paving and road base materials, the relocation of underground and overhead wires and cables, and matters and activities of a similar nature, it being the express and specific intent to the Board of Trustees that such mutual cooperative efforts are for the ultimate benefit of the citizens of the town at a minimal cost thereof.
(D) Beginning on the effective date of this chapter and until its repeal or amendment thereof, it shall be unlawful for any consumer of municipal water or other person, or for the owner of any property using municipal water to cause, permit, suffer or allow any water derived from the municipal water system to be utilized in the washing of a motor vehicle except on the days and times of day as set forth in division (A) above applicable to the area in which such washing is to occur. For purposes of this chapter, the definition of a MOTOR VEHICLE shall be as set forth in C.R.S. § 42-1-102(58), as amended.
(E) It shall be unlawful in the course of the washing of a motor vehicle as otherwise permitted by this chapter to conduct such activity utilizing a hose not having at the discharge end thereof a nozzle designed to restrict the flow of water while at the same time increasing the discharge pressure thereof.
(F) Beginning on the effective date of this chapter and until its repeal or amendment thereof, it shall be unlawful for any consumer of municipal water or other person, or for the owner of any property using municipal water to permit, suffer or allow any person not a full-time resident of the area served by the municipal water system to engage in the washing of such nonresident person’s motor vehicles with water derived from the municipal water system.
(G) The provisions of this section shall apply to all real property within the incorporated limits of the town, whether publicly or privately owned, and all land outside of the incorporated limits of the town that is served by the town’s municipal water utility system.
(H) With respect to all land outside of the incorporated limits of the town that is served by the town’s municipal water utility system, the provisions of this section may be enforced by a suit for injunctive relief in any court of competent jurisdiction. Nothing contained herein shall prohibit the town from seeking the awarding of costs and reasonable attorney fees in the event injunctive relief is granted.
(Ord. 2002-1, passed 7-22-2002; Ord. 2003-2, passed 6-12-2003; Ord. 2004-5, passed 10-13-2004) Penalty, see § 53.99