HomeMy Public PortalAboutOrdinance #312TOWN OF FRASER
ORDINANCE NO. 312
SERIES 2005
AN ORDINANCE IMPLEMENTING MANDATORY WATERING RESTRICTIONS
AND DECLARING AN EMERGENCY
WHEREAS, the Town of Fraser continues to face drought conditions and
it is prudent for the Town to safeguard its water for the protection of the Town
and its citizens;
WHEREAS, the Town has several agreements in place for providing water
to its citizens but, due to drought conditions, availability of that water is
reduced; and
WHEREAS, it is in the best interest for the health and safety of the
citizens of the Town of Fraser for the Town to impose mandatory watering
restrictions.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
OF THE TOWN OF FRASER, COLORADO, THAT:
SECTION 1: WATER USE RESTRICTIONS.
1. Outside watering and irrigation is strictly prohibited between the hours
of 9:00 a.m. and 5:00 p.m. Hand held watering by hose and watering canister
during this time will be allowed, however, it is not encouraged.
2. Timers are strongly recommended on all irrigation systems and hoses,
with a maximum time setting not to exceed 30 minutes per rotation. Rain
sensors on such systems are also recommended.
3. Washing of cars, boats, campers, windows, and the like, shall be
done only when the hose is equipped with aflow-restricting device such
as a trigger nozzle.
SECTION 2: VIOLATIONS AND PENALTY. Any person who violates, disobeys,
omits, neglects, refuses, or fails to comply with or resists the enforcement of
any provision of this Ordinance shall be punished by a fine not exceeding $300
for each and every violation, or imprisonment for term not exceeding 90 days,
or by both such fine and imprisonment. Each day that such violation
continues to exist shall be considered a separate offense.
SECTION 3: REPEAL. Any and all existing ordinances or parts of ordinances
of the Town of Fraser covering the same matters as embraced in this Ordinance
are hereby repealed and all ordinances or parts of ordinances inconsistent with
the provisions of this Ordinance are hereby repealed; provided, however, that
such repeal shall not affect or prevent the prosecution or punishment of any
person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this Ordinance.
SECTION 4: SEVERABILITY. If any section, subsection, sentence, clause or
phrase of this Ordinance is, for any reason, held to be invalid or
unconstitutional, such decision shall not affect the validity or constitutionality
of the remaining portions of this Ordinance. The Town of Fraser hereby
declares that it would have adopted this Ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases thereof be declared
invalid or unconstitutional.
SECTION 5: DECLARATION OF EMERGENCY; Er t+ ACTIVE DATE;,
AUTOMATIC REPEAL., Because of the immediate risk to the municipal water
supply if unregulated water use is allowed within the Town of Fraser, it is
hereby declared that an emergency exists, that this Ordinance is necessary to
the immediate preservation of the public peace, health and safety, and that it
shall be in full force and effect immediately upon adoption. This Ordinance
and the water use restrictions contained herein shall be automatically repealed
on October 1, 2005, unless extended by action of the Board of Trustees.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 6th DAY OF JULY, 200~C.5
Votes in favor:
Votes opposed: 0
Votes abstained:
~~ OF F
~O
~~~
~'\~~~
TOWN OF FRASER
~ ~
~~~ ~~~
Fran Cook, Mayor
ATTEST:
<G~~
Molly M andless, CMC, Town Clerk
Published in the Winter Park Manifest on July 13, 2005.