PALMER LAKE, COLORADO
RESOLUTION\ORDINANCE NO. 16-2002

AN ORDINANCE AMENDING THE PALMER LAKE CODE CHAPTER 13.20 CONCERNING WATER CONSERVATION AND DECLARING AN EMERGENCY

WHEREAS, the Town of Palmer Lake continues to suffer from an inadequate supply of water; and

WHEREAS, the Town of Palmer Lake requires a plan in place to deal with water shortages to protect the health, safety and welfare of the citizens of the Town of Palmer Lake; and

WHEREAS, the Town of Palmer Lake has decided to grant the Mayor or other appropriate Town Official(s) the power to declare an emergency and to impose certain water restrictions; and

WHEREAS, the Town of Palmer Lake declares that the passage of this ordinance is necessary for the health, safety and welfare of the people of the Town of Palmer Lake.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALMER LAKE, EL PASO COUNTY, COLORADO, AS FOLLOWS:

Section 1. Section 10 of Ordinance 3-1989, Section 1 of Ordinance 8-1998, and Section 13.20.010 of the Palmer Lake Municipal Code shall be amended to read as follows:

13.20.101 Definitions. For the purposes of this ordinance, 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 number include the singular number, and words in the singular number induce the plural number. The word "shall" is always mandatory and not merely directory.

1. "Customer" shall mean the same as "Person".
2. "Person" is any person, firm, partnership, association, corporation, company or organization of any kind.
3. "Town" is the Town of Palmer Lake, Colorado.
4. "Water" is water from the Town Water Supply System.
5. "Water Commissioner" is the member of the Board of Trustees of the Town of Palmer Lake, Colorado, designated as Water Commissioner.

Section 2. Section 1 of Ordinance 10-1989, Section 10 of Ordinance 3-1989; Section 2 of Ordinance 1988; and Section 13.20.020 of the Palmer Lake Municipal Code as amended to read as follows:

13.20.020 Declaration of a Stage 1 Emergency and Application of Regulations. The Mayor of the Town of Palmer Lake is designated as the individual who has authority to declare a Stage 1 Emergency and invoke some or all the restrictions of Section 13.20.030. In the absence of the Mayor, the Mayor Pro Tem, the Water Commissioner, and other member of the Board of Trustees of the Town of Palmer Lake, or the Town Clerk may declare such a Stage 1 Emergency. Upon declaring such State 1 Emergency, the person declaring said Stage 1 Emergency shall post or cause to be posted at the Post Office, the Town Office, the Town Hall, on the Town web site a notice of the declaration of State 1 Emergency and any restrictions being imposed and take such other steps to notify the public as the person invoking the Stage 1 Emergency shall determine to be appropriate. Upon declaration of a Stage 1 Emergency, all provisions of this chapter shall be in full force and effect until the next regularly scheduled meeting of the Board of Trustees. Upon declaration of a Stage 1 Emergency, the water restrictions imposed shall apply to all persons using water both in and outside of the Town, and regardless of whether any person using water shall have a contract for water service with the Town.

Section 3. A new Section 13.20.025 is added to the Palmer Lake Municipal Code to read as follows:

13.20.025 Declaration of a Water Emergency. A declaration of a Water Emergency may be made by the Board of Trustees of the Town at such time as it deems appropriate at either a regular or special meeting. Upon the declaration of a Water Emergency the Board, by resolution, may continue the water use restrictions imposed under the Stage 1 Emergency, may modify the water use restrictions, or may impose such other water use restrictions as it deems appropriate, including, but not limited to, those set forth in Section 13.20.020 and 13.20.035. If the Board of Trustees determines that Stage 2 Water Restrictions should be imposed, notice will be posted as provided in 13.20.020 and in addition, notice of the Stage 2 Water Restrictions will be published in a newspaper designated by the Town for publication of legal notices. The Stage 2 Water Restrictions shall take effect at 12 midnight the day following the newspaper publication of the notice. Once the Board of Trustees determines that a Water Emergency has passed, they may, by resolution, end all or part of the restrictions imposed. Unless the Board has declared a Water Emergency or the Stage 1 Emergency powers of this ordinance have been invoked, the restrictions imposed by this ordinance shall not be in effect.

Section 4. Section 10 of Ordinance 3-1989; Section 3 of Ordinance 8-1988, and Section 13.20.030 of the Palmer Lake Municipal Code shall be amended to read as follows:

13.20.030 Stage 1 Water Restrictions. The following uses and withdrawal of water by any person during imposition of Stage 1 Water Restrictions are hereby prohibited or controlled:

1. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems are prohibited.
2. Irrigation of landscaped areas is permitted by means of a hand-held hose, a faucet filled bucket or watering can of five (5) gallons or less and shall be limited to Sundays and Thursdays for customers with street addresses ending in an even number (0,2,4,6,8) and Saturdays and Wednesdays for customers with street addresses ending in an odd number (1,3,5,7,9). Irrigation of landscaped areas is further limited to the hours of 8:00 p.m. to 12 midnight on designated watering days.
3. Use of water to wash any motor vehicle, motorbike, boat, trailer or other vehicle is prohibited except on designated watering days between the hours of 8:00 p.m. and 12 midnight. Such washing, when allowed, shall be done with a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses.
4. The following uses of water are defined as non-essential and are prohibited:
   1. Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts or other hard-surfaced areas;
   2. Use of water to wash down buildings or structures for purposes other than immediate fire protection and fire training;
   3. Flushing gutters or permitting water to run or accumulate in any gutter or street;
   4. Failure to repair a controllable leak(s) within period after having been given notice directing the repair of such leak(s).
5. No customer will apply to any lawn, turf, sodded area, or landscape, irrigation water that results in pooling or flowing water across the ground or into drainage ways including ditches or town right-of -ways.
6. Use of water to fill, refill or add to any indoor or outdoor swimming pools or Jacuzzi-type pools is prohibited.
7. Operation of any ornamental fountain or pond for aesthetic or scenic purposes is prohibited except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
8. All restaurants are prohibited from serving water to patrons except upon request by the patron.
9. Use of water hydrants shall be limited to fire fighting, related activities or other activities necessary to maintain public health, safety and welfare, except that use of water from fire hydrants for construction purposes is prohibited.

Section 5. A new Section 13.20.035 is added to the Palmer Lake Municipal Code to read as follows:

13.20.035 Stage 2 Water Restrictions. The following uses and withdrawal of water by any person during imposition of Stage 2 Water Restrictions are hereby prohibited or controlled. The Stage 2 Water Restrictions shall go into effect upon passage of a resolution of the Board of Trustees and giving notice as provided in 1.320.025.

All Stage 1 Restrictions shall remain in effect. In addition:

1. Irrigation of landscaped areas is absolutely prohibited.
2. Use of water to wash any motor vehicle, motorbike, boat, trailer or other vehicle is absolutely prohibited.
3. No application for new, additional, expanded or increased-in-size water service connections, meters, service lines, pipeline extensions, mains or water service facilities of any kind shall be approved and time limits for approval of such applications are hereby suspended for such time as the Stage 2 Water Restrictions shall be in effect.

Section 6. Section 10 of Ordinance 3-1989; Section 4 of Ordinance 8-1988, and Section 13.20.050 of the Palmer Lake Municipal Code are amended to read as follows:

13.20.040 Exception to Maintain Sanitation The Mayor or the Water Commissioner shall have the authority to permit a reasonable use of water in any case necessary to maintain adequate health and sanitation standards.

Section 7. Section 10 of Ordinance 3-1989; Section 5 of Ordinance 8-1988, and Section 13.20.050 of the Palmer Lake Municipal Code are amended to read as follows:

13.20.050 Exception for Business necessary to Public Welfare. The provisions of this Section shall not apply to those business and industries declared by resolution of the Mayor or the Town Board to be necessary for public health, safety and welfare.

Section 8. Section 10 of Ordinance 3-1989; Section 2 of Ordinance 8-1988, and Section 13.20.050 of the Palmer Lake Municipal Code are amended to read as follows:

13.20.060 Enforcement:

1. Town Marshal Enforce. Every law enforcement officer of the Town shall, in connection with his/her duties imposed by law, diligently enforce the provisions of this ordinance.
2. The Town Marshal is authorized to issue a first time verbal warning for the first offense, however at the Town Marshal's discretion he/she may issue a citation if he/she determines that the violation if flagrant. Any oral or written warning will be documented by the person giving the same. All subsequent offenses will be cited into municipal court. Violation of this ordinance shall be punished by a fine of not more than $1,000 or by imprisonment not to exceed one year, or by both such fine and imprisonment.
3. Discontinuance of Service. In addition to or in place of any fine or imprisonment the Mayor, upon the recommendation of the Water Commissioner, shall have the authority to enforce the provisions of this ordinance by the discontinuance of water service in the event of violation hereof. The person affected shall have right of appeal as set forth in Section 13.08.110. Upon discontinuance of water service, the same shall not be reestablished until satisfactory assurances are received by the Town that further violations of this Ordinance will not occur and until the person has complied with Section 13.02.100, including paying for the turning off and turning on of the water service.
4. The Town Marshal or his/her designee shall have the right to enter onto any property within the Town of Palmer Lake to inspect any complaints of violation of this Ordinance.

Section 9 Emergency Declared. The Town Board hereby finds and declares that an emergency exists which requires the immediate effective of this Ordinance, in that the effective implementation of the policy reducing and eliminating water problems in the Town of Palmer Lake would be frustrated and prevented without the protection which this Ordinance will give.

Section 10. Severability. It is hereby declared to be the intention of the Board of Trustees of the Town of Palmer Lake, Colorado that the sentences, clauses and phrases of this ordinance are severable, and if any sentence, clause or phrase of this ordinance be declared unconstitutional or invalid by the valid judgment or decree of Court of competent jurisdiction, such unconstitutionality or invalidity shall not effect any of the remaining sentences, clauses or phrases of this ordinance since the same would have been enacted by the Board of Trustees without the incorporation of any unconstitutional or invalid sentence, clause or phrase.

Section 11. Publication and Effective Date. The Town Clerk shall certify to the passage of this ordinance and cause notice of its contents and passage to be published or posted. This Ordinance shall become effective upon adoption.

PASSED AND ADOPTED THIS 6TH DAY OF JUNE, 2002.

NIKKI McDONALD, MAYOR

ATTEST

DELLA J. GINS, TOWN CLERK

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