In order to conserve limited available supplies of water and with a view to avoiding the necessity of water rationing pursuant to a Drought Emergency Proclamation, the use of water supplied by the Borough water system for the nonessential uses of water set forth in §
242-16 is prohibited whenever the Borough Council shall find that the water level in the Borough's water supply well(s) and other water supply sources shall have fallen below those levels which, at the discretion or opinion of Borough Council, are acceptable for health, safety and welfare of Borough residents.
The following are declared to be nonessential
uses:
B. The watering of outside gardens, landscaped areas,
trees, shrubs and other outdoor plants.
C. The noncommercial washing of automobiles and trucks.
D. The washing of streets, driveways and sidewalks.
E. The serving of water in restaurants, clubs or eating
places unless specifically requested by the individual.
F. Ornamental water use, including, but not limited to,
fountains, artificial waterfalls and reflecting pools.
G. The use of water for flushing sewers or hydrants by
municipalities or any public or private individual or entity except
as deemed necessary and approved in the interest of public health
or safety by the municipal health officials.
H. The use of fire hydrants by fire companies for testing
fire apparatus and for fire department drills except as deemed necessary
in the interest of public safety and specifically approved by the
Borough Council.
I. Nonessential uses.
[Amended 3-17-2009 by Ord. No. 102]
(1) The use of fire hydrants by municipal road departments, contractors and all others, except upon submittal of a written application which is approved by the Borough for bulk water upon the terms and conditions set forth in §
242-7A(3).
(2) As
deemed necessary for firefighting or protection purposes at which
time the Fire Department shall notify the Borough or Borough authorities
and/or personnel, either directly or through appropriate emergency
services, of the necessity of use so that the Borough, Borough authorities
and/or personnel may take appropriate action so as to not deplete
the water system.
J. The use of water to fill and top off swimming pools.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Adams County.
Fines and costs under the provisions of this
article shall be enforceable and recoverable in a manner at the time
provided by applicable law.