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Home My WebLink Aboutordinance.council.042-81ORDINANCE NO. (Series of 1981) AN ORDINANCE ENTITLED "THE COMPREHENSIVE WATER SH0gTAGE ORDINANCE OF 1981", ENACTING A NEW DIVISION 5 TO ARTICLE III OF THE MUNICIPAL CODE 0~ THE.CItY Q~ AS, PEN, COLORADO, ENTITLED "WATER SHORTAGES", PROVIDING FOR PROCEDURES TO BE FOLLOWED DURING WATER SHORTAGES WHEREAS, the City Council is concerned for the health, safety and welfare of the citizens of the City; and WHEREAS, the maximum utilization of the City's water re- sources is important to the health, safety and welfare of the citizens of the City; and WHEREAS, the City is subject to the water shortages which affect the State as a whole. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO~ Section 1 That a new Division 5 to Article III of Chapter 23 of the Municipal Code of the City of Aspen be and hereby is enacted to read as follows ARTICLE III DIVISION 5. WATER SHORTAGES Sec. 23-200. .Applicability. This Division shall become effective upon a finding by the City Council that the City is facing a shortage in its supply of water. Such a finding shall be made upon a vote by the City Council, with a majority of the Council required to vote that a water shortage exists. T° the extent reasonable, findings of applicability of the stages set forth in this Division shall be coordinated with similar findings by other water users in the same drainage basin, and findings by the State Engineer and the Water Conservation Board shall be con- sidered to be of a persuasive nature. The provisions of this Division shall apply only to the use of the treated water ~upply of the City of Aspen. Upon such finding, the three-stage plan set forth in this Division will be implemented. The duration of each stage will be decided by the City Council according to the exigen- cies of the particular situation in question. Sec. 23-201. Stages. (a) Stage One. During the period designated Stage One: (1) There shall be no washing of sidewalks, driveways~ parking areas, tennis courts, patios, or other paved areas. (2) There shall be no refilling of swimming pools with water furnished by the City. (3) There shall be no non-commercial washing of pri- vately-owned cars, other motor vehicles, trailers, or boats ~ except from a bucket and except that a hose equipped with a positive shut-off nozzle may be used for a quick rinse. (4) There shall be lawn watering only to the extent determined permissible by the City Council accord- ing to the demands of the particular period in question. (5) No new public or private landscaping installations shall be allowed, (6) No new water connections shall be authorized, how- ever, existing authorizations shall be honored; provided, however, that this section shall not apply to users on a well whose well has run dry. (7) Watering of golf courses shall be restricted to the watering of tee boxes and greens, and such watering shall be permitted only at the times set'forth by the City Council. Water shall not be used for dust control, except pursuant to authorization from the City of Aspen or Pitkin County Environmental Health Depar%ment. (b) Stage Two. Prior to the expiration of Stage One, a period known as Stage Two shall be designated by the City Council, if the Council deems the entry of such stage necessary. The Council may continue Stage One or terminate the water shortage period at its discretion. During Stage Two, all restrictions under Stage One shall remain in effect. In addition, upon commencement of Stage Two, the following measures shall be adopted: (1) Except for fighting fire, there shall be no use of water from a fire hydrant for human consumption, or for use in connection with animals, street washing, or construction water supply. (2) Watering of any lawnt garden, landscaped area, tree, shrub, or other plant shall be prohibited, except from a hand-held hose or container, or drip irrigation system. Such watering shall be permit- ted only at times designated by the City Council. (c) (3) There shall be no use by a car washing or bus wash- ing facility in excess of 70% of the amount used by it during the corresponding billing period in the preceding year. If the facility was not operating during the preceding year, an assumed amount shall be computed from its records and from the rate of use of comparable facilities; provided, however, that this paragraph shall not apply to any facility that recycles water in a manner satisfactory to the City Council. (4) There shall be no non-residential use in excess of 70% of the amount used by the customer during the corresponding Dilling period in the preceding year. If connection to the City system was not in exist- ence during the preceding year, an assumed amount will be computed based on the rate of comparable facilities. Said percentage may be increased by the City Council for any connection, use, or cus- tomer if the City Council by majority vote deter- mines that such increase is necessary to protect the puDlic health, safety, and welfare, or to spread equitably among water users of the City the burdens imposed by the water shortage and the resulting lack of water in the City's supply; pro- vided, however, that this provision regarding equitably spreading such burden shall in no way serve to injure, weaken, or deprive the legal demands of an adjudicated water right under state statutes. Stage Three. Prior to the completion of Stage Two, the City Council shall determine by majority vote whether to: (1) ter- minate the water shortage period; (2) revert to Stage One; (3) extend the time for Stage Two; or (4) ~enter Stage Three. If entered, Stage Three shall last until the City Council determines by majority vote that the water shortage no longer exists. The City Council shall have the power to revert back to Stage One or Stage Two in its discretion, should circumstances during Stage Three change and suggest such a course of action. The restrictions which go into effect upon entering Stage Three are as follows~ (i) Use in any dwelling or separate residential unit in excess of 50 gallons per day (or some other quan- tity decided by the City Council) for each perma- nent resident thereof shall not be permitted. Each citizen supplied with water by the City shall cer- tify to the City Water Department in writing, under oath and penalty of perjury, the number of resi- dents of each dwelling or separate residential unit billed to the customer. (2) There shall be no non-residential use in excess of 50% of the amount used by the customer during the corresponding billing period of the previous year. If connection to the City system was not in exist- ence or use during the preceding year, an assumed amount will be computed based upon the City's records for comparable facilities. Said percentage may be increased by the City Council for any con- nection, use, or customer if the City Council, by majority vote, determines that such increase is necessary to protect the public health, safety, and welfare, or to spread equitably among the water users of the City the burdens imposed by the water shortage and the resulting diminution of the City's supply. Sec. 23-202. Violations and sanctions. (a) If and when the City Council, Water Department, or Police Department become aware of any violation of any provision of this ordinance, a written notice shall be placed on the property where the violation occurred and mailed to the person who is regularly billed for the service where the violation occurs and to any other person known to the City who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured, or abated immediately or within such specified time as the City Council determines is reasonable under the circumstances. If said order is not complied with, the Water Department may disconnect the service where the violation occurs. (b) A fee of $25 shall be paid for the reconnection of any service disconnected pursuant to subsection (a) during Stage One. (c) A fee of $50 shall be paid for the reconnection of any service disconnected pursuant to subsection (a) during Stage Two. (d) A fee of $100 shall be paid for the reconnectio.n of any service disconnected pursuant to subsection (a)during Stage Three. Furthermore, no service disconneCted pursuant to subsection (a) during Stage Three Shall be reconnected unless a device furnished by the water Department which will restrict the flow of water to said service is installed. Sec. 23-204 to 23-249. Reserved. Section 2 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 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, Colorado, at its regular meeting held at the City of Aspen on ~ //8 1981. Herman Edel Mayor ATTEST: ? FINALLY adopted, passed and approved on the ~--~~ ,1981. Mayor day of ATTEST: Kathryn S. ~o'ch City Clerk~