§ 52.10  WATER USE RESTRICTIONS.
   (A)   Purpose. This section establishes water conservation restrictions; and the plan will be in effect any time the city's primary water emergency response coordinator or secondary water emergency response coordinator determines that a shortage of water supply threatens the city, the mayor and/or council declares there is a water emergency, and/or the governor declares there is a critical water deficiency, pursuant to M.S. § 103G.291.
   (B)   Definitions.
      CLERK. In statutory cities, means the person assigned duties pursuant to M.S. § 412.151.
      DEPARTMENT. The city Utility Department.
      EMERGENCY. When the city's primary water emergency response coordinator or secondary water emergency response coordinator determines that a shortage of water supply threatens the city, the mayor and/or council declares there is a water emergency, and/or the governor declares there is a critical water deficiency, pursuant to M.S. § 103G.291.
      IRRIGATION. 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 outlets, including interviews and issuance of news releases.
      PUBLIC WATER SUPPLIER. The City of Mahnomen, as defined in M.S. § 144.382, Subd. 4, as it may be amended from time to time.
      RECLAIMED WATER. 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. Any system which enables a user to reuse water at least once prior to returning the water to the natural water cycle.
   (C)   Application.
      (1)   This section applies to all customers of public water suppliers who own or control water use on any premises.
      (2)   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 section.
      (3)   Mandatory emergency conservation measures shall be implemented based upon the city's primary water emergency response coordinator or secondary water emergency response coordinator determining that there is a shortage to the water supply system which may threaten the city, the mayor and/or council declares there is a water emergency, and/or the governor declares there is a critical water deficiency, pursuant to M.S. § 103G.291.
   (D)   Ability to determine a water emergency. The primary water emergency response coordinator or the secondary water emergency response coordinator as identified in the city's water conservation and standard operation plan shall have the authority to declare a Level 1 or Level 2 emergency. The Mayor, City Council or Governor shall have the authority to declare either a water emergency or a critical water deficiency. If a water emergency or a critical water deficiency is declared that shall trigger a Level 3 emergency. The city shall immediately post notice of the Level 1, 2, or 3 emergency at the usual city posting boards. The city shall also provide notification to the public as quickly following the procedures as laid out in the city's water conservation and standard operation plan.
   (E)   Mandatory emergency water conservation measures.
      (1)   Upon the declaration of a Level 1 emergency the following mandatory restrictions upon nonessential water use shall be enforced:
         (a)   Outdoor irrigation of yards, gardens, golf courses, parklands, and other non-agricultural land, except for those areas irrigated with reclaimed water, shall be restricted to being watered on an odd/even calendar cycle.
         (b)   The filling of swimming pools, fountains, spas, or other exterior water features is prohibited.
         (c)   The city's top five water users shall begin implementing their emergency water conservation plan.
      (2)   Upon the declaration of a Level 2 emergency the following mandatory restrictions upon nonessential water use shall be enforced:
         (a)   Outdoor irrigation of yards, gardens, golf courses, parklands, and other non-agricultural land, except for those areas irrigated with reclaimed water, shall be prohibited.
         (b)   The city's top ten water users shall begin implementation of their emergency water conservation plan.
         (c)   The washing of automobiles, trucks, trailers, and other types of mobile equipment is prohibited, except at facilities equipped with water recirculation systems, and for vehicles requiring frequent washing to protect public health, safety, and welfare.
      (3)   Upon the declaration of a Level 3 emergency the following mandatory restrictions upon nonessential water use shall be enforced: in addition, to the above mentioned restrictions for a Level 2 emergency, all outdoor water usage shall be prohibited.
   (F)   Variance. Reserved.
   (G)   Violations. After posting of the notice, no person shall use, or permit water to be used, in violation of this section, and any customer who does so shall be charged a fee set by resolution of the Council for each day of violation and the charge shall be added to his next water bill.  If the emergency requires immediate compliance with terms of the ordinance, the Council may provide for the delivery of a copy of the notice to the premises of each customer, and any customer who has received such notice and thereafter uses or permits water to be used in violation of the ordinance shall be subject to the charge provided above. Continued violation shall be cause for discontinuance of water service.
   (H)   Enforcement. The City Clerk or his/her designee is authorized to designate city employees or law enforcement personnel to enforce the provision of this section.
(Ord. 5-2018, passed 7-2-2018)