§ 28-21. Annual water use restrictions.

(a)

To conserve water resources and allow the city's water system flexibility in meeting peak demands, certain limitations must be placed on the city's water supply. An odd-even sprinkling restriction based on street addresses is in effect from May 1 to September 30 each year. Residents with even numbered addresses may water on Tuesday, Thursday and Saturday; residents with odd numbered addresses may water on Wednesday, Friday, and Sunday. Homeowners' associations and apartment complexes that provide a common irrigation system may water on Wednesday, Friday and Sunday, while commercial consumers may water on Tuesday, Thursday and Saturday. Monday is a "No Watering" day. City water cannot be used for the purposes of irrigating or watering lawns, sod, or seeded areas between 10:00 a.m. and 5:00 p.m. daily.

(b)

The water use restrictions in section 28-21(a) do not apply in the following situations: limited hand watering of plants using a hose; watering of new landscaping, sod, or seed within thirty (30) days of installation (a "new lawn" permit is required); and watering from a source other than the city's water supply if the water user has registered the alternative source with Rice County and the alternative source is properly permitted by the State of Minnesota. Under this exemption, the city may inspect the property to ensure compliance. New lawn permits can be obtained from the director of public works. The permit fee is in accordance with the utility fee schedule.

(c)

Upon determination by the city council at a regular or special meeting that the demand upon the municipal water system threatens the public safety or health, the city council may impose more restrictive measures by limiting the times and hours during which water may be used from the municipal water system.

(d)

Penalties. Failure to comply with restrictions or prohibitions imposed under this section shall result in a surcharge for water service for each violation in an amount determined by the city council and published in the utility fee schedule. Surcharges will be added to the water bill for the property on which such violation occurs. Violators will be notified prior to the imposition of a surcharge. An initial notice of violation will be given to the violator. Subsequent violations in the same calendar year will result in the imposition of a surcharge. Notices of surcharge for violations occurring after receipt of the initial notice shall be mailed to the property owner. The city shall presume receipt of the notice of surcharge three (3) days after mailing.

(Code 1971, § 28-22; Ord. No. 79-17, § 1, 9-11-79; Ord. No. 89-14, § 1, 8-22-89; Ord. No. 2004-25, § 1, 10-26-04)