[Adopted 9-23-1991]
Those uses of water not essential to public health and safety are deemed
nonessential. Nonessential uses of water may be restricted by both voluntary
and mandatory measures as prescribed and outlined below.
A.
This Drought Contingency Ordinance shall be divided into
three stages.
B.
Stages I and II shall be implemented by the Board upon
the recommendation of the Mahoning Township Authority Engineer that a water
supply emergency exists. The decision of the Authority Engineer that such
a water supply emergency exists shall be the sole criteria for implementation
of Stages I and II as follows:
(1)
Stage I.
(a)
Stage I being normal operating procedure wherein lawn watering by use of the municipal water system is prohibited in accordance with Article I, Restrictions on Watering of Lawns and Gardens, of this Chapter 239. Use of water from wells or sources other than the Mahoning Township Authority are not restricted.
(b)
Lawn watering by use of the municipal water system is
prohibited except as follows:
[1]
Newly seeded grass areas, irrigation of gardens, landscaped
areas, trees and shrubs may be watered between 7:00 p.m. and 12:00 midnight,
Mondays and Thursdays weekly by use of a hand-held hose, nozzle, bucket or
pail excluding the use of automatic sprinklers or soaker hoses.
[2]
Washing of paved surfaces by the municipal water system
, such as streets, roads, sidewalks, driveways, parking areas and patios,
may be watered between 7:00 p.m. and 12:00 midnight, Mondays and Thursdays
weekly by use of a hand-held hose, nozzle, bucket or pail excluding the use
of automatic sprinklers or soaker hoses.
(2)
Stage II.
(a)
There shall be no watering of lawns, newly seeded grass
areas or shrubbery either by use of the municipal water system or wells.
(b)
Irrigation of gardens, landscaped areas, trees and shrubs,
etc., is prohibited by either use of the municipal water system or wells.
(c)
Operation of water fountains, artificial waterfalls and
reflecting pools is prohibited except with recycled water.
(d)
Washing of vehicles except by commercial car washes is
prohibited.
(e)
Serving water in eating places is prohibited unless specifically
requested by the customer.
(f)
Filling and topping off swimming pools is prohibited.
(3)
Stage III. Stage III shall be implemented by order of
the Governor of the commonwealth and the rules and regulations for the implementation
thereof shall be as he directs.
Any person, firm or corporation who or which violates or permits a violation
of the water restrictions shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District Justice,
pay a fine of not more than $600, plus all court costs, including reasonable
attorney's fees, incurred by the Township in the enforcement of this article;
or the Mahoning Township Authority shall curtail water service. No judgment
shall be imposed until the date of the determination of the violation by the
District Justice. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules of
Civil Procedure. Each day a violation exists shall constitute a separate offense.
Further, the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance herewith.
Any Township resident may apply to the Board for an exemption from the
terms of this article, which may be granted by the Board upon adequate evidence
of inequitable hardship imposed through adherence to the provisions of said
article.
Any provision of any Township ordinance which is in contradiction with
the terms set forth herein is to be considered null and void and the terms
of this article shall prevail.
