HomeMy WebLinkAbout2019-008 ,AVEN HILLS
ORDINANCE NO. 2019-008
CITY OF ARDEN HILLS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 10,UTILITIES,
BY ADDING SECTION 1000.24, REGULATING NONESSENTIAL
WATER USAGE UPON CRITICAL WATER DEFICIENCY AS
AUTHORIZED BY MINN. STAT. § 103G.291, SUBD. 1 AND 2,
OF THE ARDEN HILLS CITY CODE
THE CITY COUNCIL OF THE CITY OF ARDEN HILLS,MINNESOTA, ORDAINS:
SECTION 1. Chapter 10—Utilities, is hereby amended by adding a new Section 1000.24
in its entirety as follows:
Chapter 10—Utilities
Section 1000.24—Regulating Nonessentional Water Usage Upon Critical Water Deficiency
Subd. 1 Purpose. This ordinance establishes water conservation restrictions; and the plan
will be in effect at any time the governor declares by executive order a critical water deficiency,
pursuant to Minnesota Statutes section 103G.291.
Subd. 2 Definitions.
- Clerk in statutory cities means the person assigned duties pursuant to Minn. Stat.
§ 412.151; or the city manager pursuant to Minn. Stat. § 412.601 —412.751 or in charter cities as
determined by city charter.
- Department means the city water department.
- Emergency means the declaration of a critical water deficiency by the governor.
- Irrigation means the watering of shrubs,trees, sod, seeded areas, gardens, lawns, or any
other outdoor vegetation, except outdoor vegetation utilized for agricultural purposes.
- Notification to public means notification through local media, including interviews and
issuance of news releases.
- Public water supplier means the city or other entity that owns, manages, or operates a
public water supply, as defined in Minn. Stat. § 144.382, subdivision 4.
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Reclaimed water means water collected from rooftops, paved surfaces, or other collection
devices and all water utilized more than once before re-entering the natural water cycle.
- Water Recirculation system means any system which enables a user to reuse water at
least once prior to returning the water to the natural water cycle.
Subd. 3 Application.
A. This ordinance applies to all customers of public water suppliers who own or control
water use on any premises.
B. No person shall make, cause, use, or permit the use of water received from a public
water supply for residential, commercial, industrial, governmental, or any other purpose in any
manner contrary to any provision in this ordinance.
C. Mandatory emergency conservation measures shall be implemented based upon the
declaration of a critical water emergency by the governor.
Subd. 4 Declaration of Critical Water Deficiency. Upon the declaration of a critical water
deficiency by the governor, the public water supplier shall immediately post notice of the
emergency declaration at the usual meeting place of the city council, or the official city bulletin
board. The city shall provide notification to the public as quickly as possible or through
established water supply plans emergency response plans or procedures.
Subd. 5 Mandatory Emergency Water Conservation Measures. Upon declaration of a
water emergency and notification to the public,the following mandatory restrictions upon
nonessential water use shall be enforced:
(i) Outdoor irrigation of yards, gardens, golf courses,parklands, and other
non-agricultural land, except for those areas irrigated with reclaimed water, is prohibited.
(ii) Washing or spraying of sidewalks, driveways, parking areas,tennis courts,
patios, or other paved areas with water from any pressurized source, including garden hoses,
except to alleviate immediate health or safety hazards, is prohibited.
(iii) The outdoor use of any water-based play apparatus connected to a
pressurized source is prohibited.
(iv) Restaurants and other food service establishments are prohibited from
serving water to their customers, unless water is specifically requested by the customer.
(v) Operation of outdoor misting systems used to cool public areas is
prohibited.
(vi) The filling of swimming pools, fountains, spas, or other exterior water
features is prohibited.
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(vii) The washing of automobiles, trucks, trailers, and other types of mobile
equipment is prohibited, except at facilities equipped with wash water recirculation systems, and
for vehicles requiring frequent washing to protect public health, safety, and welfare.
Subd. 6 Variances. The City Clerk or their designee, is authorized to grant variances to
this ordinance where strict application of its provisions would result in serious hardship to a
customer. A variance may be granted only for reasons involving health or safety. An applicant
may appeal the denial of a variance within five (5) days of the decision by submitting a written
appeal to the City Clerk. The City Council shall hear the appeal at the next City Council meeting.
The decision of the City Council is final.
Subd. 7 Violation.
A. Violations shall be determined and cited by the City Clerk or his/her designee. A
violator may appeal the citation within five (5) days of its issuance by submitting a written
appeal to the City. The City Council shall hear the appeal at the next City Council meeting. The
decision of the City Council is final. Violators may be granted an administrative waiver if
evidence is provided that equipment failure was the cause of the violation. A letter from a
qualified vendor or equipment invoice will be required to show proof of equipment failure.
B. Upon discovery of a first violation, the violator shall be issued, either personally or by
mail, a warning letter that sets forth the violation and which shall describe the remedy and fines
for future violations.
C. Upon subsequent violations at the same location,the violator shall be issued, either
personally or by mail, a citation that sets forth the violation and shall describe the remedy.
Fines shall be added to the monthly water bill of the owner or current occupant of the premises
where the violation occurred. The imposition of the fine shall in no way limit the right of the
City to pursue other legal remedies.
Subd. 8 Enforcement. The City Clerk or his/her designee is authorized to designate city
employees or law enforcement personnel to enforce the provisions of this ordinance.
Subd. 9 Severability. If any provision of this ordinance or the application of any provision
to a particular situation is held to be invalid by a court of competent jurisdiction,the remaining
portions of the ordinance and the application of the ordinance to any other situation shall not be
invalidated.
SECTION 2. This Ordinance shall become effective immediately upon its passage and
publication according to law.
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PASSED and ADOPTED this 91h day of December, 2019,by the City Council of the
City of Arden Hills, Minnesota.
CITY OF A EN HILLS
By
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avid Grant,Mayor
ATTEST:
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ie Hanson, City Clerk
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