Ordinance No. 116, Fourth Series
Amending Chapter 3, Municipal Utilities
Rules and Regulations Relating to Water Service
SECTION 1. Section 3.05 of City Code is hereby amended by inserting the
underlined language as shown below:
SECTION 3.05 RULES AND REGULATIONS RELATING TO WATER
Subd.8. Regulations governing nonessential water usage upon critical water deficiency as authorized by Minn. Stat. § 103G.291, Subd. 1. and 2.
A. This Subd. 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.
1. This rule applies to all entities, including residential, commercial,
industrial and institutional customers that acquire water from the City of Red Wings municipal water supply system who own or control water use on any premise.
2. No person shall make, cause, use, or permit the use of water
received from the City of Red Wing municipal water supply system for residential, commercial, industrial, governmental, or any other
purpose in any manner contrary to any provision in this ordinance.
3. Mandatory emergency conservation measures shall be implemented based upon the declaration of a critical water emergency by the
C. 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 boards. The city shall provide notification to the public as quickly as possible or through established water supply plans, emergency response plans or procedures.
D. 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
1. Outdoor irrigation of yards, gardens, golf courses, parklands, and other non-agricultural land, except for those areas irrigated with
reclaimed water, is prohibited. 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.
2. 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.
3. The outdoor use of any water-based play apparatus connected to a pressurized source is prohibited.
4. Restaurants and other food service establishments are prohibited from serving water to their customers, unless water is specifically
requested by the customer.
5. Operation of outdoor misting systems used to cool public areas is prohibited.
6. The filling of swimming pools, fountains, spas, or other exterior
water features is prohibited.
7. 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.
E. Variances - The Council Administrator 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.
F. Violation - Violations shall be determined and cited by the Council Administrator 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.
1. 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.
2. 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.
3. Fines shall be invoiced or 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.
G. Enforcement - The Council Administrator or his/her designee is
authorized to designate city employees or law enforcement personnel to enforce the provisions of this ordinance.
H. 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
SECTION 2: Effective Date. This ordinance shall be in full force and effect after its adoption and publication in accordance with the City Charter.
Introduced the 12th day of February, 2018.
Adopted this 26th day of February, 2018.
/s/ Kim P. Beise, Council President
ATTEST: /s/ Teri L. Swanson, MCMC, City Clerk
Presented to the Mayor at 8:22 p.m. on this 26th day of February, 2018.
Approved this 26th day of February, 2018.
/s/ Sean M. Dowse, Mayor