Water restrictions are understandable, and the penalties for violating these restrictions are harsh, but are they also unconstitutional?
Included in Section 13.20.038 Enforcement, the Town Council flyer has let Palmer Lake citizens know that:
“The Town Police are authorized to issue a first time verbal warning for the first offense however in the Town Police’s discretion he/she may issue a citation if he/she determines that the violation is flagrant. Violations of the ordinance shall be punished by a fine of not more that $1,000 or by IMPRISONMENT not to exceed one year, or by both such fine and IMPRISONMENT.”
“In addition to or in place of any fine or IMPRISONMENT the Mayor, upon the recommendation of the Water Commissioner, shall have the authority to enforce the provision of its ordinance by the DISCONTINUANCE OF WATER SERVICE in the event of violation hereof.”
Additionally, “The Town Police shall have the right to enter onto any property within the Town of Palmer Lake to inspect any complaints of violation of this Ordinance.”
The Town Board hereby finds and declares that an emergency exists which requires the immediate effectiveness of this Ordinance, in that the effective implementation of the policy assuring water availability in the Town of Palmer Lake would be frustrated and prevented without the protection which this Ordinance will give.
If you have any questions please call 719-481-2953, Monday through Friday 8AM-4PM