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HomeMy WebLinkAboutordinance.council.021-75RECORD OF PROCEEDINGS 100 Leaves ORD NA.CE MO. (Series of 1975) AN ORDINANCE REPEALING AND REENACTING CHAPTER 23, ARTICLE III OF THE ASPEN MUNICIPAL CODE CONCERNING WATER SERVICE; PROVID- ING FOR THE OPERATION, ~INTENANCE AND CONTROL OF WATER FACIL- iTIES; DELEGATING AUTHORITY TO THE SUPERINTENDENT OF THE WATER- WORKS; PROVIDING FOR THE APPLICATION AND ISSUANCE OF TAP PERMITS; REVISING THE PIF SCHEDULE; ESTABLISHING NEW WATER RATES; PROVID- ING FOR MANDATORY METERING OF ALL USERS WITHIN VARIOUS TIME PERIODS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; .AND READOPT- ING EXISTING REGULATIONS CONCERNING ADMINISTRATION AND ENFORCE- ~NT OF THIS CHAPTER WHEREAS, the City Council has considered the existing Chapter 23, Article III of the Municipal Code and has determined that major rate changes should be made and that, in addition, a complete reorganization of the article is appropriate, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Chapter 23, Article III entitled "Water Service" of the Municipal Code of the City of Aspen is hereby repealed and reenacted to read as follows: "Article III Water Service Division 1 General Provisions Sec. 23-36 Waterworks Generally; Operation and Control The waterworks owned and operated by the city and used to supply the city with water, shall be known as 'The Aspen Waterworks.' The operation and management of the waterworks shall be under the control of the city manager, who shall direct the construction of additions thereto, and the maintenance and operation RECORD OF PROCEEDINGS 100 Leaves thereof, and in all cases, not particularly provided for by this Code or other ordinance of the city, shall determine in what manner and upon what terms, water may be taken from the waterworks, by any property owner or water consumer and the character of the connections and appliances which may be made or used therefor. Sec. 23-37 Powers and Duties Generally of Superintendent of Waterworks (a) The superintendent of the waterworks shall, under the direction of the city manager, have charge of all facilities of the waterworks and it shall be his duty to supervise the waterworks, and maintain and control the same as directed by the city manager and as provided in this article. (b) The superintendent of the waterworks shall have control of the laying of all water mains. The superinten- dent shall have the general supervision of the putting in of all taps, and service pipes or other connections with the water mains and the regulation of the water supply to all users of water. He shall also have charge of and be responsible for all tools, machinery, pipes, meters, fixtures, plumbing material and all other appliances owned by the city or used by it in the maintenance and operation of the waterworks, and shall keep account of all such material and the manner in which the same is used, kept or disposed of. -2- RECORD OF PROCEEDINGS 100 Leaves (c) It is hereby made the duty of the super- intendent to manage the water purification plant and other waterworks properties; to periodically report to the city manager of his activities as superintendent and of the condition of the waterworks; and to make such suggestions concerning the same as the nature of the service may require. (d) It shall be the duty of the superintendent to keep all fire hydrants in repair and test th,e: s~e~ frequently to see if the same are in order, and he may let water from the hydrants, whenever it shall be necessary for the testing of the condition of the waterworks, or for purifying the water, or for the repairing of the waterworks, or for watering the trees in extreme need. (e) The superintendent may grant permission to any person employed by the city to sprinkle the streets, or to any other person the city manager may authorize to draw water from the fire hydrants. Sec. 23-38 Access to Fire Hydrants; Unauthorized Obstruction or Operation of Hydrant Prohibited; Wrenches for Fire Hydrants (a) The members of the fire department under the direction of the chief of the fire department or other officer in charge, shall at all times have free access to the fire hydrants in case of fire and for the pur- poses of cleaning, washing or testing their engines or other apparatus. (b) It shall be unlawful for any unauthorized person to open or operate any fire hydrant, draw water therefrom, or obstruct the approach thereto. -3- RECORD OF PROCEEDINGS 100 Leaves (c) Wrenches for fire hydrants shall be furnished by the superintendent of the waterworks to the fire department for the use of its members, and to such other persons as to him may seem proper, and it shall be un- lawful for any person to whom a wrench is furnished to permit the same to be taken from his control, to use the same, or to permit the use of the same by any other person or for any other purpose than that authorized by the provisions of this article or by the superintendent in pursuance thereof. Sec. 23-39 Inspection of Premises Receiving Service The city manager may from time to time direct that the superintendent of the waterworks or other official designated by him may and shall examine and inspect all premises where water from the waterworks is used in or upon such premises in order to ascertain the nature, character and extent of such water use, and the condition of the water pipes, fixtures and appliances, and to determine if water is being wasted upon the premises. During the times that such inspections are being made, the superintendent or other official designated shall accurately tabulate the appliances and fixtures used for water as may be required in connection with the establishment of the rate to be charged to any such premises and the report thereof shall be submitted to the city manager. -4- RECORD OF PROCEEDINGS 100 Leaves Sec. 23-40 Trespassing on Waterworks Property, Injury to Waterworks, or Obstruction to Waterworks Prohibited (a) It shall be unlawful for any person to injure or in anywise damage or interfere with in any way property or appliance constituting or being a part of the waterworks or any fence, guard rail, box cover or building, or any other structure constructed or used to protect any part of the waterworks. (b) It shall be unlawful for any person, unless authorized by this article, to trespass upon the water- works or the grounds upon which the same are constructed. (c) It shall be unlawful for any person to cast, place, pump or deposit in the waterworks, any substance or material which will in any manner injure or obstruct the same. Sec. 23-441; Sec. 23-53 Reserved Division 2 Tap Permits and Plant Investment Fee Sec. 23-54 Compliance with Division Required It shall be unlawful for any person not authorized by this Division, to make any connection with any water pipe or main of the waterworks, or for any authorized person to put in any tap or connection contrary to the provisions of this division. Sec. 23-55 Tap Permit Required (a) It shall be unlawful for any person to tap or make any connection with the pipe line or water main, ~orming a part of the Aspen Waterworks, without having RECORD OF PROCEEDINGS 100 Leaves first obtained a permit therefore. (b) No water tap applicant shall receive a tap permit prior to the issuance of a building permit for the structure or structures for which the water service is requested. (c) No water tap or other connection with the water mains of the Aspen Waterworks shall be made by the superintendent until the plant investment fee (PIF) and tap service charges have been paid. (d) All permits to tap as required by this division shall be issued and signed by the superintendent and shall set forth all those requirements specified in Sec. 23-56. The superintendent shall keep a duplicate or record of all permits to tap issued by him in a book kept for such purpose. (c) Any permit issued pursuant to this article shall expire, on failure to make the authorized tap, at the time of expiration of the building permit for the structures proposed to be serviced. In the event of expiration of a tap permit the applicant, on request, shall be refunded any tap charges not expended by the City for the benefit of the applicant, and any PIF paid for which no water service was given. Sec. 23-56 Tap Permit Application The superintendent shall supervise and administer the issuance of all applications for permits to tap the pipes or mains of the waterworks in accordance with the provisions of this article. All applications for per- -6- RECORD OF PROCEEDINGS 100 Leaves mits to tap shall be in writing and state the name of the owner of the property to be serviced, his mailing address, date of application, size of tap desired or additional fixtures to be serviced, pro- posed use of the water, legal description and street address of the property, and such other information as the superintendent shall desire. Sec. 23-57 Plant Investment Fee (PIF) (a) There shall be imposed on all new and increased water service users a plant investment fee (PIF) as more fully described below, which fee shall be assessed for the purpose of replacing, restoring and increasing water plant facilities of the Aspen Waterworks. All fees col- lected shall be earmarked and be used exclusively for the replacement, major repair and restoration of water plant facilities and the construction of such new waterworks facilities as to the City seems appropriate. (b) For new taps made within the City of Aspen, the following schedule of fees shall apply: (1) Single family homes - $1,000.00 or $50.00 per fixture unit, whichever is more. (2) Duplex dwellings - $2,000.00 or $50.00 per fixture unit, whichever is more. (3) Multi-family dwellings $1,000.00 for the first dwelling unit, and $50.00 for each additional fixture unit. (4) Nonresidential, commercial, industrial and institutional - the PIF shall be calculated by determining the number of fixture units to -7- RECORD OF PROCEEDINGS 100 Leaves establish demand, and then using the demand calculated to determine the tap size from the following table: Demand, gpm Meter and tap size over but not over (inches) PIF 0 18 3/4 $ 1,200.00 18 30 1 2,136.00 30 60 1 1/2 4,800.00 60 96 2 8,544.00 96 180 3 19,200.00 180 300 4 34,176.00 300 600 6 76,800.00 (5) When there are combined residential and non-residential uses, the PIF shall be determined by adding to the fixture units attributable to the dwelling units the fixture units attributable to the non-residential units with the tap size being determined in the same manner as for non-residential uses. (6) If water is or more pump stations, supplied by the use of one the PIF shall be increased by an amount equal to 25% of the PIF as calcualted above for each pump station relied on for service. (7) In no event shall there be assessed for any new tap a plant investment fee of less than $1,000.00, it being the intent of this provision that there be established a minimum plant invest- ment fee of that amount for all new taps to the Aspen Waterworks. -8- RECORD OF PROCEEDINGS 100 Leaves (c) For new taps made outside the limits of the city of Aspen, the following schedule of fees shall apply: (1) For water service by gravity, the PIF shall be Two Hundred (200%) percent of that charged for the same service within the City, as above described. (2) If water service is supplied by the use of one or more pump stations, the PIF shall be increased by an additional Twenty-Five (25%) percent above the rate established in Sec. 23-57(c)(1) for each pump station relied on for the service. (d) When neW residential or nonresidential uses are added to an existing water service tap, there shall be imposed a plant investment fee equal to $50.00 for each fixture unit added. Outside city userswill be assessed a surcharge as described in Sec. 23-57(c). (e) Fixture units shall be calculated pursuant to the schedule contained in Appendix D, Section D.3.5 of the 1972 Edition of the colorado Department of Health Plumbing code. Sec. 23-58 Oversized Tap; Tap for Fire Protection System (a) If a tap size larger than that determined by the fixture count is desired, the larger tap must be approved by the superintendent and the PIF shall be as specified for the same size nonresidential tap in Sec. 23-57(b) (3). -9- RECORD OF PROCEEDINGS 100 Leaves (b) In the event a larger size water tap is necessary for a private fire protection system, then the PIF shall be computed upon only the size of tap needed to serve the building exclusive of the fire protection system, t~othing herein shall, however, relieve the user from assuming the full cost of in- stallation of the service including the cost of the tap, all pipes, valves, valve boxes and meter. Sec. 23-59 Tap Service Charges (a) A tap service charge shall be assessed for the cost of tapping a water main and shall be in addition to any PIF. (b) The "tap service charge" shall include the cost of the corporation stop, the curb stop, the curb box and the meter and appurtenances. The cost of install- ation of the corporation stop shall also be included. (c) The tap service charge assessed shall be as follows: Size of Tap and Meter (d) Tap Service Charge. $ 200.00 240.00 375.00 510.00 1,320.00 4" 1,860.00 6" 3,200.00 The water user shall furnish and pay for all materials, labor and all expenses in and about the -10- RECORD OF PROCEEDINGS 100 Leaves making of all connections with the main except those costs included in the tap service charge described in Sec. 23-59. Sec. 23-60 Requirements for Service Pipes; Location of Curb Stops (a) Ail water service pipes shall be seven (7) feet below the existing grade of laid at least the street or ground. (b) No service pipe shall be covered prior to inspection and approval by the superintendent. (c) All service pipes shall have a copper thaw wire of not less than number four (4) gauge installed between the corporation stop and the point of entry to the building in such manner so as to provide an electrical circuit through the service pipe. (d) No tap inserted in or connected with the service ~pes shall have an orifice of a smaller diameter than three-quarters (3/4) of an inch and every tap shall be made of brass. Service ~pe connected to the tap shall be of heavy serviceable copper provided that a substitute material may be permitted by the superintendent on re- quest to him. The service ~pe shall extend from the main to the outside line of the sidewalk at which point shall be placed a curb stop with cover and in case the point of delivery is such that there is no sidewalk or if it be in an alley, then the curb stop shall be placed just outside the lot line or at such point as the super- intendent shall direct, so that the same shall be ~11- RECORD OF PROCEEDINGS 100 Leaves accessible to the Superintendent for the purpose of turning on or shutting off water by means there- of without entering on private premises. Sec. 23-61 Single Taps Serving More Than One Building (a) In all cases where service pipes have been constructed from a single tap to different houses, buildings or premises, and a separate curb stop accessible to the superintendent of the waterworks has been placed on the pipe leading to each house, building or premises, so that water can be easily turned on and shut off from the premises, or any of them, .the con- tinued use of such extensions will be permitted. (b) Any person owning adjoining premises may obtain a permit to make one tap for all such premises. ~henever such a permit has been granted, a single tap may be made and a single service pipe may be laid there- fore, but such service pipe must be provided with separate and distinct curb stops for each and every one of the premises serviced. (c) No connection with the waterworks or use of water shall be made through any extension of the service pipe of any other premises except as provided in this section- (d) Nothing herein shall be construed to relieve any tap applicant from paying any plant investment fee attributable to the new or increased water service. RECORD OF PROCEEDINGS 100 Leaves Sec. 23-62 Barricades and Safety Measures for Excavations All excavations in the street with regard to the water service shall be made in conformity to this Code and other ordinances of the city and suitable barricades and guards shall be placed around such excavations, as will be sufficient to protect all persons from injury and damage; and sufficient warning lights shall be kept illuminated near such excavations from twilight until sunrise in order to protect all persons from injury or damage thereby. The person making such excavations shall be liable for all injuries or damages resulting from his failure to do so. Sec. 23-63 Testing of Completed Connection When any tap or connection for water service has been completed and the service is found to comply with the provisions of this article, the superintendent of the waterworks shall test the connection to determine that the connection and service are in proper operating condition. No water shall be turned on by any one ex- cept the superintendent of the waterworks or someone acting under his order. Sec. 23-64 Maintenance of Service Pipes and Fixtures The owner of any premises for which a water connection is made shall at all times keep all service pipes, fixtures and appliances from the point of connection at the corporation stop to and on his pre- mises tight and in good working order so as to prevent -13- RECORD OF PROCEEDINGS 100 Leaves any waste of water. In case any pipe or fixture shall be found to leak water, or be damaged, the owner shall forthwith repair and correct the same, and the owner shall be responsible for thawing frozen pipes from the point of connection with the main at the corporation stop to his premises. If after due notice to the owner by the superintendent to repair leaking or damaged service ~pes or appurtenances, such repair is not made, the super- intendent may have the service pipes or appurten- ances repaired or replaced. Any costs incurred by the Aspen Waterworks in so doing shall be assess- ed against the owner and in so doing shall become a lien upon the premises and be satisfied against the same. Sec. 23-65 Notice to Repair Defective Plumbing Fixtures; Discontinuance of Service for Failure to Comply (a) If at any time the superintendent of the waterworks shall ascertain that the plumbing fixtures or appliances on any premises are so defective as to waste water, it shall be his duty to immediately notify the user of the water or his agent, thereof, to repair the same, and if the same are not repaired within forty-eight (48) hours from the time of such notice being served upon the water user or the agent, the superintendent shall shut off the water from the -14- RECORD OF PROCEEDINGS 100 Leaves premises and immediately notify the city manager. (b) It shall be unlawful for any person to fail or refuse to comply with the order provided in this section. Sec. 23-66 Disconnections; Maintenance of Corporation Stop, Curb Stop, Curb Box and Meters (a) In case any owner of premises on which water is used shall cease to use water, and desires to dis- connect his premises, he shall not be permitted to re- move the corporation stop, curb stop, curb box or meter and appurtenances, such devices are the property of the Aspen Waterworks and shall be removed only by order of the superintendent. (b) The owner of property serviced shall be responsible for the repair and maintenance of the service line, curb stop and curb box, and is further responsible for insuring that none of the above be- come inaccessible by reason of landscaping, foliage or construction of improvements on the premises. (c) In the event a meter is damaged, or con- cealed or ottherwise made inaccessible for reading, the superintendent shall direct that the water user be billed the flat rate for his water service until such time as the meter is again made operable or accessible by the owner. Sec. 26-67; Sec. 26-100 Reserved -15- RECORD OF PROCEEDINGS 100 Leaves Division 3 Water Rates and Charges Sec. 26-101 Schedule of Flat Rates (a) The residential, multiple family and commercial flat in-City rate shall be computed on a point basis according the the following schedule; and for each point determined by fixture count there shall be charged sixty-five ($.65) cents per month, provided, however, that in no event shall there be billed less than six ($6.00) service given: TYPE OF FIXTURE OR ROOM dollars per month for any flat rate PUBLIC USE Points per Fixture PRIVATE USE Points per Fixture 4 Toilet 4 Urinal Lavatories (wash basins) 2 Bath Tubs(with or without shower 4 head) 2 Shower Stall 2 Kitchen Sink 2 Service Sink 2 Laundry Sink 4 Diswasher 2 Garbage Disposal 4 Automatic Washer 2 Hose Bibs Sprinkler System Irrigation 4 3/4" 8 i " 16 1 1/2" 32 2 " 128 4 " 1 Bedrooms 2 Kitchens 8 Swimming Pools 4 Saunas 2 Bidets 8 Car Washer 2 2 1 2 1 1 1 1 2 1 2 2 4 8 16 32 128 1 1 4 2 1 (b) For the purpose of computation of points, 4 the following definitions shall apply: (1) Private use shall be any fixture normally associated with a residential or multiple family use as defined in the Municipal Code. Private use shall also include those fixtures used exclusively for single or double occupancy lodging units, but shall exclude any fixture accessible for use by -16- RECORD OF PROCEEDINGS 100 Leaves more than six (6) persons. (2) Public use shall be any other fixture not defined as private, including but not limited to such fixtures associated with barrooms, restaurants, offices, shops, service stations, repair shops, commercial uses, institutional uses, churches, schools, hospitals, depots, bus stations, public rest rooms and other uses of general public or commercial nature. (c) For tho~users of water outside the City of Aspen on flat rate there shall be charge equal to one hundred (100%) monthly charge. imposed a monthly sur- percent of the in-City (d) For those users of water on flat rate relying on pumping stations owned and maintained by the city of Aspen, there shall be a surcharge equal to fifty (50%) per- cent of the in-City monthly bill, if one pumping station is required to furnish water to the user, and eighty (80%) percent of the in-City monthly billing if two pumping stations are required to furnish water to the user. (e) For the use of water for less than a full month on residential and commercial flat rates, it shall be the responsibility of the water user to notify the Water Department on or before the day the service is to be discontinued; the Water Department will then compute fraction-of-month charges according to the following schedule: -17- RECORD OF PROCEEDINGS 100 Leaves Date of Connect or Disconnect 1st through 5th of month 6th through 14th of month 15th through 25th of month 26th through 31s.t of month Percentage of Full Monthly Bill ~sconnecting Connection Customer Customer 0% 100% 33% 67% 67% 33% 100% 0% Sec. 26-102 Schedule of Meter Rates (a) Residential (single family and duplex only): For in-City residential water users where a metering device has been installed, is operative and readily accessible, the rate of charge and/or monthly charge, or any fraction thereof, shall be computed in accordance with the follow- ing table: METER SIZE GALLONS (Minimum) MONTHLY CHARGE Minimum) 3/4" 5,000 $ 6.00 1" 10,000 10.80 1 1/2" 20,000 19.00 2" 40,000 36.80 Each additional 1,000 gallons over the minimum = $.65 (b) Commercial and Multiple Family (all other metered water users except residential single and two family unit): For commercial and multiple family in-City users where a metering device has been installed, is operative and readily accessible, the rate of charge and/or monthly charge or any fraction thereof, shall be computed in accordance with the following table: METER SIZE GALLONS (Minimum) MONTHLY CHARGE (Minimum) 3/4" 5,000 $ 6.60 1" 10,000 12.00 1 1/2" 20,000 20.80 2" 40,000 40.00 3" 90,000 88.20 4" 150,000 144.00 6" 300,000 280.00 Each additional 1,000 gallons over the minimum = $.75 -18- RECORD OF PROCEEDINGS 100 Leaves (c) For those users of water outside the City of Aspen on meters there shall be imposed a monthly surcharge equal to one hundred (100%) percent of the in-City monthly charge. (d) For those users of water on meters and re- lying on pumping stations owned and maintained by the City of Aspen, there shall be a surcharge equal to fifty (50%) percent of the in-City monthly bill, if one pumping station is required to furnish water to the user, and eighty (80%) percent of the in-City monthly billing, if two pumping stations are required to furnish water to the user. Sec. 23-103 Determination as to Whether Inside or Outside of City (a) Municipal, quasi-municipal, other governmental agencies and school districts supported in whole or in part by general property taxes shall be deemed inside the City for the purposes of their rate schedules and plant investment fees withqut regard to the fact that the service connection or use may be outside the City.. (b) Except as set forth in subsection (a) hereof, the point of use of water shall be determinative on whether the inside City or outside City rate or charge is applicable. If any use of water through a tap or connection is made outside the City limits of the City of Aspen, all use through such tap or connection shall be deemed outside City for rate or charge purposes. Sec. 23-104 Meter Regulations; Mandatory Metering (a) Meters shall be of a size and type set forth by specifications of the Water Department. The install- ation of the meters shall conform to specifications -19- RECORD OF PROCEEDINGS 100 Leaves of the Water Department. (b) In no case shall the owner of any premises be allowed to take part of the water used on such pre- mises on a flat rate basis, and part on the meter basis, but in every case, such owner shall take and pay for all the water used by him, on any one premises, either on the flat rate or on the meter rate basis. (c) All residential and commercial users served by one or more pump stations shall convert to metered service within two (2) years of the effective date of this ordinance. (d) All commercial users serviced by gravity shall, within two (2) years of the effective date of this ordinance, convert to metered service. (e) All other water users shall convert to metered service within five (5) years of the effective date of this ordinance. (f) In no event, unless required by a specific pro- vision of this chapter, shall a user revert from metered to flat rate service. Sec. 23-105 Receipts On payment of any water rates or charges, the Finance Department shall issue a receipt therefore stating the date of payment, the amount of money re- ceived, from whom received and on what premises the water was used. Sec. 23-106 Liability for Payment; Lien and Court Action for Nonpayment (a) The manager shall disconnect the water service -20- RECORD OF PROCEEDINGS 100 Leaves to any consumer who fails to pay any water service charges or plant investment fee when the same shall become due. (b) Ail the rates and charges specified in this division shall be paid by the owner of the pre- mises on which the water is used. All such water rates and charges from the time such shall be due and chargeable shall become and remain a lien upon the premises until such rates or charges shall be paid. Water rates and charges may be collected against any owner by suit, such action to be in the name of the City in any court having jurisdiction thereof, and to be prosecuted as an action at law personally against such owner by a suit in equity for the enforcement of such lien. (c) Any lien for unpaid water rates and charges against any premises may also be collected as provided by the statutes of the state for the collection of taxes and other liens and assessments against real estate. Sec. 23-107 Shut Off and Turn On Service Charge A service charge of Ten ($10.00) Dollars -21- RECORD OF PROCEEDINGS 100 Leaves is hereby established for each turn-on and each shut-off of water service howsoever occurring. Sec. 23-108 No Turn On Without Payment of Unpaid Water Charges In any case where the water has been shut off from any premises, for any causes stated in this article or at the request of the owner of the premises, the superintendent of the waterworks shall not turn it on again or order it to be turned on until all back water rates and charges have been paid and the owner requests the service by making application and receives a permit therefor. Sec. 23-109 Determination of Charge When More Than One Business Exists in One Building Whenever more than one business shall be carried on in any one store, room or other building it shall be the duty of the superintendent to decide whether or not more than one charge for water service shall be made for such use. Sec. 23-110; Sec. 23-149 Reserved 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 -22- RECORD OF PROCEEDINGS 100 Leaves which will affect the operation thereof or the read- ing thereof. It is further declared to be unlawful to interfere with or prevent the superintendent of the waterworks or any employee of the city from examining and reading any such meter. Sec. 23-151 Wasting of Water Prohibited It shall be unlawful for any person having a permit to use water from the waterworks to permit, suffer or allow water to run to waste upon his pre- mises, buildings, houses or lots in, through or out of any water closet, lavatory, urinal, bathtub, hose, hydrant, faucet or other fixture, appliance or appar- atus whatsoever, or in any manner through neglect or by reason of faulty or imperfect plumbing or fixtures. Section 23-152 Shut Offs; Emergency Measures (a) If after a permit to use the water shall have been issued, it shall be ascertained that water is being used on any premises not authorized by the permit or by any permit or in a greater amount or for a differ- ent purpose than that provided for in the permit, or if any water user shall fail or refuse to pay the water charges for the use of water, as the same shall become due, it shall be the duty of the superintendent to shut off the water providing, however, that the city shall give notice to the owners of premises prior to the time the water service is terminated. (b) The superintendent reserves the right to shut off the street mains when they deem it necessary for -23- RECORD OF PROCEEDINGS 100 Leaves repairing the mains or waterworks, 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. 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, or any occupant of such premises to allow any person to take water from the premises unless the last mentioned person 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, without a nozzle or la~nsprinkler, and no sprinkler opening used shall be more than three-eighths (3/8ths) 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. -24- RECORD OF PROCEEDINGS 100 Leaves Sec. 23-155 Use of Water for Sprinkling or Irrigation During Fire Prohibited It shall be unlawful to use water for sprinkling or irrigation purposes during any fire or while the fire department is using water for fire purposes and when the fire alarm is sounded." Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 3 A public hearing on this ordinance shall be held on the /? day of ~.-%~_~ , 1975 at .~-~-P.~. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, meeting held ~ ATTEST: Kathryn ~auter, City Clerk 1975. at its regular Stacy Sta~dley ~' II~I~, ~ayor / ATTEST: Kathryn~, City Clerk Stacy Stand.~y III, Mayor -25- STATE OF COLORADO ) ') SS COUNTY OF PITKIN ) CERTIFICATE I,.Kathryn S. Hauter, 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 City of Aspen on ~~ ~.~J , 197~--, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, issue of ~g_~ ~ , 197~---, and was and approved Ordinance No. in its finally adopted at a regular meeting of the City Council , 197.~--, and ordered published as , Series of 197 .~--, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this /~'~ day of ~~ , 197 ~-~. Kathryn S. 4~auter~, City Clerk