Borough of Duncannon, PA Article I Water Emergencies

[Adopted 1-15-1985 by Ord. No. 234 (Ch. XXVII, Part 1, of the 1970 Code)]

§ 219-1 Intent.

The intent of this article is to establish a water conservancy contingency plan for the Borough of Duncannon should the Borough experience a water supply shortage or water emergency.

§ 219-2 Declaration of public water supply shortage.

For and during any period in which a public water supply shortage shall exist, Borough Council may request voluntary general conservation of inside and outside water uses by its customers after due public notice shall have been posted at the Borough Building, U.S. Post Office and at least three other business places in and around the square of the Borough and notice to that effect delivered to each customer connected to the public water supply.

§ 219-3 Declaration of public water supply emergency.

For and during any period in which a public water supply emergency shall exist, the Mayor, with the advice and consent of Borough Council, shall declare a public water supply emergency and shall cause to be published notice thereof in the Duncannon Record, cause notice thereof to be posted at the Borough Building, U.S. Post Office and at least three other business places in and around the square of the Borough and cause notice thereof to be delivered to each customer connected to the public water supply, after which it shall be unlawful for any person to draw water from the public water supply, except for essential uses as hereinafter defined.

§ 219-4 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ESSENTIAL USES

Ordinary household uses, uses necessary for the operation of a business or other such uses which safeguard the health of the community.

NONESSENTIAL USES

Any wasteful use of water, including but not limited to the following:

A. The use of hoses, sprinklers, or other means for sprinkling or watering of shrubbery, trees, lawns, grass, plants, vines, gardens, vegetables, flowers, or any other vegetation.

B. The use of water for washing automobiles, trucks, trailers, trailer houses, or any other type of mobile equipment.

C. The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes, sidewalks, apartments, or other outdoor surfaces.

D. The operation of any ornamental fountain or other structures making a similar use of water.

E. The use of water for filling swimming or wading pools.

F. The operation of any water-cooled comfort air conditioning which does not have water-conserving equipment.

G. The use of water from fire hydrants for construction purposes or fire drills.

H. The use of water to flush a sewer line or sewer manhole.

I. The use of water for commercial farms and nurseries other than a bare minimum to preserve plants, crops, and livestock.

§ 219-5 Mandatory compliance measures.

A. If any customer connected to the public water supply, after notice as hereinafter provided, shall use water for nonessential uses during a public water supply emergency, the Borough may either adjust the outside water valve connection in a manner which will restrict water flow by up to 1/2 or otherwise restrict the flow of water by the insertion of a plug device or other flow restrictor.

B. Prior to any valve adjustment or other flow restriction being imposed, the Borough shall make a bona fide attempt to deliver notice of the contemplated action to a responsible person at the affected premises and fully explain the reason for the proposed action and the means by which the customer may avert the action from being taken.

C. If the valve adjustment or other flow restriction measure is ineffective or impossible to accomplish, a complete service termination may be imposed by the Mayor after an expedited hearing has been held to provide the affected customer with an opportunity to be heard.

D. The foregoing compliance measures shall be terminated when the public water supply emergency is declared to be ended.

§ 219-6 Implementation of additional conservation measures or restrictions.

The Mayor, with the advice and consent of the Council, shall implement and enforce any water rationing plan promulgated and adopted by the Pennsylvania Emergency Management Council by virtue of the Emergency Management Service Code, 35 Pa.C.S.A. § 7501 et seq., as implemented by the Drought Emergency Proclamation dated November 6, 1980.

§ 219-7 Separate offenses.

Each unlawful use as set forth in § 219-3 hereof shall constitute a separate offense.

§ 219-8 Violations and penalties.

Any person violating any provision of this article shall, upon conviction thereof, for a first offense be sentenced to pay a fine of $25 and costs of prosecution; for a second offense be sentenced to pay a fine of $50 and costs of prosecution; and for a third and subsequent offenses be sentenced to pay a fine of $100 and costs of prosecution; and, in any case of failure to pay such fine and costs, shall be sentenced to imprisonment for not more than 30 days.