Chapter 13.25
WATER CONSERVATION
Sections:
13.25.222 Outdoor vegetation watering restrictions.
13.25.223 Miscellaneous water use restrictions.
13.25.224 Water conservation on new buildings.
13.25.225 Penalty – Injunctive relief authorized.
13.25.226 Exceptions to enforcement.
13.25.227 Water emergency – Restriction of water use.
13.25.220 Title – Purpose.
This chapter shall be known as the water conservation ordinance. This chapter shall both require and encourage all current and new users of water within the town limits to reduce water consumption and waste. [Ord. 2004-05 § 1]
13.25.221 Applicability.
A. The restrictions contained in this chapter shall apply to all users of town-provided water and to all users of water provided by water utility companies franchised by the town; however, the water use restrictions contained in MTC 13.25.223(B)(1) shall apply to all water users within the town limits.
B. The outdoor vegetation watering restrictions in MTC 13.25.222 shall not apply to users of irrigation water provided by Elephant Butte Irrigation District, irrigation wells, or from domestic wells. [Ord. 2004-05 § 1]
13.25.222 Outdoor vegetation watering restrictions.
A. All outdoor vegetation on residential and commercial properties located on the even-numbered side of the street shall be watered only on Tuesdays, Thursdays and Saturdays, and on the odd-numbered side of the street shall be watered only on Wednesdays, Fridays and Sundays. For corner buildings or properties having both odd and even numbers, the number shown on the town’s or the franchised water companies’ utility records shall control.
B. From May 1st to September 30th, all outdoor watering of vegetation is prohibited between the hours of 10:00 a.m. and 6:00 p.m. [Ord. 2004-05 § 1]
13.25.223 Miscellaneous water use restrictions.
A. The washing of vehicles and other types of mobile equipment shall be done only with a handheld bucket or a handheld hose equipped with a functioning shutoff nozzle for quick rinses. This restriction does not apply to the washing of vehicles or mobile equipment at a commercial carwash or commercial service station. When used in this subsection, the term “bucket” means a container holding five gallons of water or less.
B. The following uses of water are defined as wasting water and are prohibited:
1. Allowing water to flow onto adjacent property or onto any street, alley or other public right-of-way.
2. Watering outdoor vegetation excessively so that water ponds on site.
3. Failing to repair a water leak within five working days of the discovery of the leak.
4. Washing sidewalks, driveways, parking areas, tennis courts, patios and other impervious surfaces with a hose, except in emergencies to remove spills of hazardous materials or to eliminate dangerous conditions which threaten the public health, safety or welfare. When used in this subsection, the term “impervious surface” means any surface covered with nonporous material. [Ord. 2004-05 § 1]
13.25.224 Water conservation on new buildings.
A. Any new building or facility that contains toilets or shower heads erected after the adoption of the ordinance codified in this chapter within the limits of the town shall plan and implement low-flow water toilets and low-flow shower heads in all of its facilities. Builder must provide two copies of said plans detailing the low-flow units to the town’s public works and community development departments for review and approval prior to the beginning of construction of the building.
B. Any new building within the limits of the town shall be encouraged to install water conserving landscape. [Ord. 2004-05 § 1]
13.25.225 Penalty – Injunctive relief authorized.
A. Violations of the provisions of this chapter shall be punishable by a fine not exceeding $300.00 or by imprisonment not exceeding 90 days, or by both such fine and imprisonment.
B. With respect to violations that are continuous in time, each day the violation continues is a separate offense.
C. Violations that are continuous in time may be abated by injunctive or other equitable relief. The imposition of a criminal penalty does not prevent equitable relief. [Ord. 2004-05 § 1]
13.25.226 Exceptions to enforcement.
The following shall constitute exceptions from compliance with this chapter concerning outdoor vegetation watering restrictions and miscellaneous water use restrictions:
A. The water flow is a result of natural events such as rain or snow, unless the user is watering at the same time.
B. The water flow is a result of temporary malfunctions of or vandalism to the municipal water supply system.
C. The water flow is a result of water used for fire fighting purposes, including the inspection and pressure testing of fire hydrants, or the use of water for fire fighting training activities.
D. The use of water is required for the control of dust or the compaction of soil as may be required by municipal codes.
E. The water is used to wash down areas where flammable or otherwise hazardous material has spilled, creating a dangerous condition.
F. The water is used to prevent or abate public health, safety or accident hazards when alternate methods are not available.
G. The water is used for routine inspection or maintenance of the municipal water supply system.
H. The water is used to facilitate construction within a public right-of-way in accordance with town requirements and good construction practices.
I. The use of the water is permitted under a variance granted by the town.
J. The water is used for street sweeping, sewer maintenance or other established utility practices.
K. Watering contrary to the odd/even or time-of-day requirements is permitted for one day only where application of chemicals requires immediate watering to preserve an existing lawn.
L. Watering contrary to the odd/even or time-of-day requirements is permitted for up to two weeks for newly planted landscaping vegetation. [Ord. 2004-05 § 1]
13.25.227 Water emergency – Restriction of water use.
A. The town’s board of trustees may declare a water emergency during a severe drought or during any condition which significantly reduces the town’s ability to supply water in order to protect the public health, safety or welfare or to preserve the water supply.
B. During such a water emergency, the town mayor or appointee may implement water use restrictions approved by the board of trustees. Such water emergency restrictions shall not modify MTC 13.25.221(B). [Ord. 2004-05 § 1]