HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-018CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-018
AN ORDINANCE TO AMEND SECTION 50.40 REGARDING WATER USE
RESTRICTIONS
Section 1. The City Council of the City of Lake Elmo hereby ordains that Section 50.40 is
hereby amended to read as follows:
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50.40 WATER USE RESTRICTIONS
(A) EMERGENCY AUTHORITY: To protect the health and safety of the consumers, as
well as the general welfare, the Mayor or City Council may impose emergency regulations
pertaining to City water use. Whenever the City shall determine that a critical water deficiency
prevails, it may limit the times and hours during which water may be used from the City water
system for lawn and garden sprinkling, irrigation, car washing, air conditioning, and other non-
essential uses. It is unlawful for any water consumer to cause or permit water to be used in
violation of such determination after public announcement thereof has been made through
publication or by posting in the City Hall and City website specifically indicating the restrictions
thereof.
(1) The Mayor or City Council may declare a critical water deficiency to prevail
within the City whenever it finds and determines that the ordinary demands and requirements of
water consumers cannot be satisfied without depleting the water supply of the City to the extent
that there would be insufficient water for human consumption, sanitation, and fire protection.
(2) The Mayor or City Council shall thereupon enact such regulations and restrictions on
the delivery of water and the consumption within the City to conserve the water
supply for the greatest public benefit with particular regard to domestic use,
sanitation, and fire protection.
(3) When the Governor of the State of Minnesota declares a critical water deficiency, the
Mayor or City Council will enact and enforce water conservation restrictions in
accordance with Minnesota Statute 103G.291.
(4) Water use regulations and restrictions may include the right to deny applications for
new or additional service connections, and provisions for their enforcement by
discontinuing service to customers willfully violating the regulations and restrictions.
(B) PERMANENT WATER USE RESTRICTIONS: To encourage water conservation
and allow flexibility in the City's water system in meeting peak demands, and to reduce the
required water supply and storage capacity requirements allowing for a lower cost water system,
certain limitations must be placed on the City's water supply.
(1) Odd/Even Sprinkling Ban: Property owners having even numbered postal
addresses may water, sprinkle, or irrigate their lawns only on even numbered days, and property
owners having odd numbered postal addresses may water, sprinkle, or irrigate their lawns only
on odd numbered days.
(2) Time of Day Sprinkling Ban: All property owners are prohibited from watering,
sprinkling, or irrigating their lawns between the hours of 10 A.M. and 5 P.M. daily.
(3) Exceptions: The permanent water use restrictions do not apply in the following
situations:
1. Private wells.
2. Recently established lawns if permission is granted through a Watering
Restriction Waiver form, allowing daily watering for up to 30 days after installation. Watering
must still adhere to the restricted hours for the Time of Day Sprinkling Ban. New sod or seeded
lawns or other landscaping requiring watering, sprinkling, or irrigation, shall not be installed
during a water shortage emergency.
3. Attended hand watering of plants, shrubs, trees, and gardens.
(C) LAWN WATERING, SPRINKLING, AND IRRIGATION: All lawn sprinkler
systems and irrigation systems connected to the municipal water system, whether such systems
are aboveground or underground, shall require a permit for connection and shall be installed in
accordance with the Minnesota State plumbing code. To conserve water, all lawn sprinkler
systems and irrigation systems which are automatic or are equipped to operate automatically and
which are connected to the municipal water system, shall be equipped with a rain -detection
device such to prevent the system from operating when it rains (per MN Statute 103G.298). All
lawn sprinkler systems and irrigation systems connected to the municipal water system shall be
constructed and operated to prevent water waste resulting from inefficient landscape irrigation by
prohibiting runoff, low head drainage, over spray, or other similar conditions where water flows
onto adjacent property, non -irrigated areas, walks, roadways, or structures.
(D) ENFORCEMENT: Failure to comply with restrictions or prohibitions imposed under
this ordinance shall result in a surcharge for water service for each violation in an amount
determined by resolution of the City Council, which shall be added to the water bill for the
property on which such violation occurs. Each day of violation shall be deemed a separate
violation. Continued violation shall be cause for discontinuing water service.
Section 2. Adoption Date
This ordinance shall become effective immediately upon adoption and publication in the official
newspaper of the City of Lake Elmo.
This Ordinance No. 08-018 was adopted on this 4v' day of November, 200 y a vot / Ayes
and 0 Nays. /-�
Dean Johnston
ATTEST:
Bruce Messelt
Administrator
This Ordinance No. 08-018 was published on the day of A , 2001