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.
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.
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.
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.
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.
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.
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.
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.
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)
The following shall constitute exceptions from compliance with this chapter concerning outdoor vegetation watering restrictions and miscellaneous water use restrictions:
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.
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.
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.
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).