Loading...
HomeMy WebLinkAboutordinance.council.041-81RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 41 (Series of 1981) AN ORDINANCE REPEALING AND REENACTING, IN PART, DIVISION 4 OF ARTICLE III OF CHAPTER 23 OF THE MUNICIPAL CODE OF THE~CITY OF ASPEN, COLORADO, ENTITLED "MISCELLANEOUS PROVISIONS", CHANGING THE TITLE OF THE "SUPERINTENDENT OF WATER WORKS" TO "DIRECTOR OF WATER TREATMENT AND SUPPLY" AND CHANGING THE TERM "WATER WORKS" TO "WATER UTILITY", AND AMENDING SECTION 23-156 THEREOF, ENTITLED "DETERMINATION AS TO WHETHER INSIDE OR OUTSIDE OF CITY" WHEREAS, the City Council has enacted a number of ordinances which provide for implementation of the Aspen Comprehensive Water Management Plan; and WHEREAS, the Council desires that the provisions and termin- ology of Division 4 of Article III of Chapter 23 of the Municipal Code of the City of Aspen, Colorado, be consistent with other en- acted changes. T NOW, HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL oF THE CITY OF ASPEN, COLORADO: Section i That Division 4 of Article III of Chapter 23 be and hereby is repealed and reenacted in part to read as follows: ARTICLE III DIVISION 4. MISCELLANEOUS PROVISIONS Sec. 23-150. Tampering with meter prohibited. It shall be unlawful for any person to tamper with any water meter installed on any service connection on the water mains of the City or to place, install, or put on or near any such meter any instrument or device which will affect the opera- tion thereof or the reading thereof. It is further declared to be unlawful to interfere with or prevent the director of treatment and supply or any employee of the City from examin- ing and reading any such meter. FORM 5D RECORD OF PROCEEDINGS 100 Leaves Sec. 23-151. Wasting of water prohibited. It shall be unlawful for any person using water from the water utility to permit, suffer or allow water to run to waste upon his premises, buildings, houses, or lots in, through, or out of any water closet, lavatory~ urinal, bath- tub, hose, hydrant, faucet, or other fixture, appliance, or apparatus whatsoever, or in any manner through neglect or by reason of faulty or imperfect plumbing or fixtures. Sec. 23-152. Shut offs; emergency measures. (a) If after a permit to use water is issued, it is ascer- tained that water is being used on any premises not authorized by the permit or in a greater amount or for a different purpose than that provided for in the permit r or if any water user fails or refuses to pay water charges for the use of water, as the same shall become due, it shall be the duty of the director to terminate water service; providing, however, that the City shall give notice to the owners of premises prior to the time the water service is terminated. (b) The director reserves the right to shut off the street mains for repairing the mains or making connections or extensions to the same, or for the purpose of cleaning the same. No main shall be shut off except in emergency without prior notice to the water users affected. No licensed plumber or other person shall shut off the water from any of the City mains or make a tap thereon. In case of any emergency, the City manager may restrict the use of water until the next meeting of the City Council. 2 FORM 5( C.F. HOECKEL B. B, & L, CO. RECORD OF PROCEEDINGS 100 Leaves Sec. 23-153. Use of water on premises other than permit holder's. It shall be unlawful for any person having a permit to use water on his premises r or any occupant of such premises, to allow any person to take water from the premises unless the occupant or the owner of the premises on which he uses or intends to use such water has a permit to do so as provided in this Article. Sec. 23-154. Use of lawn sprinklers and nozzles. It shall be unlawful for any person at any time to use water for sprinkling or irrigating through a hydrant or hose, with- out a nozzle or lawn sprinkler, and no sprinkler opening used shall be more than three-eighths inch in diameter. The City Council shall have the authority to establish by resolution, motion, or otherwise any and all other restrictions as to the use of water for sprinkling or irrigation and a violation of any such orders or regulations as imposed by the City Council shall be considered a violation of this Code. Sec. 23-155. Use of water for sprinkling or irrigation during fire prohibited. It shall be unlawful to use water for sprinkling or irriga- tion purposes during any fire or while the fire department is using water for fire purposes and when the fire alarm is sounded. Sec. 23-156. (a) Determination as to whether inside or outside of city. Except as set forth in subsection (b) hereof, the point of use of water shall be determinative as to whether the inside city or outside city rate or charge is applicable for purposes of assessing water rates or surcharges~ and any and all fees and charges imposed "by virtue of this Division III of Chapter 23 of the Aspen Municipal Code. If any use of water throUgh a tap or connection is made 3 RECORD OF PROCEEDINGS 100 Leaves (b) outside the city limits of the City of Aspen, all use through such tap or connection shall be deemed outside city for ali such rate or c~arge purposes. Without regard to whether their service connection or use be outside the City of Aspen, municipal, quasi- municipal, other governmental agencies and school dis- tricts supported in whole or in part by general property taxes shall be deemed inside the city for purposes of assessing water rates or surcharges and any and all fees and charges imposed by virtue of this Division III of Chapter 23. Sec. 23-157 - 23-199. Section 2 Reserved. If any section, subsection, sentence, clause, phrase, or por- tion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent 3urisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the invalidity of the remaining portions hereof. Section 3 A public hearing on the ordinance shall be held on the ~/ day of ~" , 1981, in the City Coun- cil Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on ~ //~ , 1981. Mayor 4 FORM 5~ C.F. FIOECK£L B. B. · L. CO. RECORD OF PROCEEDINGS 1 O0 Leaves ATTEST; athryn S. Ko~' City Clerk FINALLY adopted, passed and approved on the ATTEST: Herman Edel Mayor ? Kathryn S. ~o~h City Clerk~ day of 5 FORI~ ~0 C.F. HOECK£L B. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss COUNTY OF P!TKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced,-read in full, and passed on ~ reading at a regular meeting of the City Council of the Aspen on ~__~, 19F/, and published City of in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its ~ , 19..~/, and was finally adopted issue of and approved at a regular meeting of the City Council on  ~, 19 ~_~, and ordered published as Ordinance No. _ ,~/ , Series of 19g/,. of said City, as provided by law. IN WITNESS WHEREOF, T have hereunto set my hand and seal of said City of Aspen, Colorado, this . the day SEAL Kathyrn S.~Koc.~, City ci'erk~ Deputy City Clerk