[Adopted 8-1-1991 by Ord. No. 66 (Ch. 26, Part 3, of the 1994 Code)]
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:
A. 
The watering of lawns.
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.
A. 
If compliance with the nonessential use of water restrictions would result in extraordinary hardship upon a water user, he may apply for an exemption or variance.
B. 
For purposes of this section, extraordinary hardship means a permanent damage to property or other personal or economic loss which is substantially more severe than the sacrifices borne by other water users subject to the nonessential use of water restrictions.
C. 
A person or business entity believing he suffers an extraordinary hardship and desiring to be wholly or partially exempt from the restrictions on the nonessential use of water may apply for an exemption or variance under the following procedures:
(1) 
The applicant shall submit a written request with full documentation supporting the need for the requested relief to Bonneauville Borough Council.
(2) 
The application shall contain information specifying:
(a) 
The nature of the hardship claimed and the reason for the requested exemption or variance.
(b) 
The efforts taken by the applicant to conserve water and extent to which water use may be reduced by the applicant without extraordinary hardship.
(3) 
The Borough Council shall, with reasonable dispatch, schedule a hearing. Written notice of the hearing shall be mailed to the applicant and shall be posted upon the property at least seven days before the hearing. The notice shall state the time and place of the hearing and that all interested parties will be given an opportunity to be heard. The hearing shall be conducted and the decision rendered in accord with the Local Agency Law, and said decision may be appealed to the court of common pleas as provided in the said law.
D. 
An exemption or variance will be granted only to the extent necessary to relieve extraordinary hardship and will require and be conditioned upon compliance with all reasonable conservation measures required by this article or the variance or exemption.
E. 
An exemption or variance approved by the Council may be modified or rescinded should public health, safety and welfare require further reduction in water use.
F. 
An exemption or variance granted to the applicant for a specific property, purpose or person is not transferable to another property, purpose or person without prior written approval from PEMA and Council.
[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.