12-1-21: PERMANENT CONSERVATION MEASURES:
A. As used in this section the following terms have the following meanings:
OUTDOOR WATERING: The watering of any plant, lawn, garden, tree, landscaping, flower, shrub, bush, or any other vegetation that occurs outside of the exterior walls of any structure.
STRUCTURE: Has the meaning provided in section 9-1-5 of this code.
B. It is unlawful and an infraction for any person to use water from the water system for any of the following purposes:
1. To engage in outdoor watering, except when done in accordance with the requirements of subsections C1 through C6 of this section;
2. To wash any motor vehicle, except when done in accordance with the requirements of subsection C7 of this section; and
3. To wash off or clean any parking lot, driveway, parking area, or other exterior furnishings or paved or hardscaped surface, except when done in accordance with subsection C8 of this section.
C. Subsection B1 of this section shall not apply to the following uses of water from the water system:
1. Outdoor watering when done in accordance with the following permanent conservation measures:
a. Outdoor watering is permitted only three (3) days each calendar week (Monday through the next Sunday) as described in subsections C1b and C1c of this section.
b. Outdoor watering on properties located east of the centerline of: 1) Main Street; or 2) Colorado Highway 9 north of Park Avenue and Colorado Highway 9 south of Park Avenue, whichever is applicable, may lawfully occur only on Sundays, Wednesdays, and Fridays of each week.
c. Outdoor watering on properties located west of the centerline of: 1) Main Street; or 2) Colorado Highway 9 north of Park Avenue and Colorado Highway 9 south of Park Avenue, whichever is applicable, may lawfully occur only on Tuesdays, Thursdays, and Saturdays of each week.
d. No outdoor watering is permitted on any property within the town on Mondays of each week.
e. On days when outdoor watering is permitted, it may occur only between the hours of five o'clock (5:00) P.M. and nine o'clock (9:00) A.M. of the following day.
2. Outdoor watering by drip irrigation, or by hand using only a watering can or a hose with a shutoff nozzle.
3. Outdoor watering of new lawns and landscaping for the first two (2) years after installation.
4. Outdoor watering of public school property (including, but not limited to, public school athletic fields).
5. Outdoor watering within the town's public parks.
6. Outdoor watering at the town's municipal golf course.
7. The noncommercial outdoor washing of a personal motor vehicle if the vehicle is washed using only a bucket or a hose with a shutoff nozzle.
8. Washing off or cleaning any parking lot, driveway, parking area, or other exterior furnishings or paved or hardscaped surface using a hose with a shutoff nozzle.
D. Nothing in this section prohibits the use of water from the water system to clean the concrete areas of street medians.
E. Any person found to have violated any provision of subsection B of this section shall be punished as follows:
1. First violation: Warning only (no fine);
2. Second violation: Two hundred fifty dollar ($250.00) fine;
3. Third violation: Five hundred dollar ($500.00) fine; and
4. Fourth and each subsequent violation: Seven hundred fifty dollar ($750.00) fine.
F. Each day during any portion of which a violation of subsection B of this section occurs shall be a separate violation.
G. Any fine imposed for a violation of subsection B of this section that is not paid within forty five (45) days of the date of imposition of the fine shall be a "water charge" within the meaning of section 12-1-6 of this chapter, and the collection procedures of chapter 6 of this title, including, but not limited to, the discontinuance of water service provision of section 12-6-4 of this title, shall apply to the collection of such unpaid fine.
H. Except as provided in subsection H10 of this section with respect to a fourth or subsequent violation, at the time a person is charged with a violation of subsection B of this section the defendant shall be issued or tendered a penalty assessment notice in accordance with the following procedures:
1. A penalty assessment notice shall be signed and served on or tendered to the defendant and shall contain the information required to be contained in a municipal summons and complaint by rule 204 of the Colorado municipal court rules of procedure; the amount of the prescribed fine for the alleged violation; and the date the penalty assessment notice is served on the defendant. The notice shall direct the defendant to appear in the municipal court on a specified date, time, and place in the event the prescribed penalty is not paid. The notice shall also contain any additional information that is required to convert the penalty assessment notice into a summons and complaint should the penalty not be paid within the time allowed.
2. The time specified in the penalty assessment notice for an appearance if the defendant fails to pay the penalty shall be at least thirty (30) days and not more than ninety (90) days after the date the penalty assessment notice is issued.
3. One copy of the penalty assessment notice shall be served upon the defendant, and the remaining copy shall be filed with the clerk of the municipal court.
4. The fine specified in the penalty assessment notice may be paid at the office of the clerk of the municipal court in person on or before the appearance date; or by postmarking such payment not less than ten (10) days before the appearance date.
5. If the defendant fails to pay the penalty on the penalty assessment notice on or before the appearance date, then the defendant shall appear at the municipal court on the date and time specified in the notice and answer the complaint against him or her.
6. If the defendant fails to appear on the date and time specified in the penalty assessment notice and answer the complaint against him or her, or if the defendant appears and answers that he or she is liable for the alleged violation, judgment shall be entered against the defendant.
7. If the defendant denies the allegations in the penalty assessment notice or complaint, a final hearing shall be held before the municipal court.
8. If judgment is entered against a defendant, he or she shall be assessed the fine specified in the penalty assessment notice, plus any applicable surcharge, court costs, and other applicable fees.
9. In no event shall a bench warrant be issued for the arrest of any person who fails to appear for a final hearing on an infraction charged under subsection B of this section. Subject to the provisions of chapter 6 of this title, entry of judgment and assessment of the fine, costs, and applicable fees as provided herein shall constitute the sole penalties for failure to appear for the final hearing, or for being found liable for the violation.
10. Penalty assessment procedures shall not apply when it appears that the offense is a fourth or any subsequent alleged violation of any provision of subsection B of this section. A person charged with a fourth or subsequent violation of any provision of subsection B of this section shall be issued a summons and complaint in accordance with the Colorado municipal court rules of procedure, and shall be required to appear in court to answer the charges against him or her. (Ord. 11, Series 2014)