[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 5-25-2006 by Ord. No.
19-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 93.
It is hereby declared that the public health, safety and welfare
require that the Borough of Clayton maximize the beneficial use of
its available natural resources and that the waste or unreasonable
use or unreasonable method of use of water be prevented. The conservation
of such potable water resource is to be extended with a view to the
reasonable and beneficial use thereof as is necessary for sanitary,
domestic and firefighting purposes in the interests of the people
of the Borough of Clayton.
It is unlawful for any customer of the Borough of Clayton to
make, cause, use or permit the use of water from the Borough for residential,
commercial, industrial, agricultural, governmental or any other purpose
in a manner contrary to any provision herein. It is unlawful for any
person to waste water or to use it unreasonably.
A.
Unreasonable uses of water shall include, but are not limited to,
the following practices:
B.
The following water conservation measures shall apply, except when
reclaimed water is used:
(1)
The outside use of water for any purpose on any property in the Borough
shall be allowed between the hours of 5:00 a.m. and 9:00 a.m. and
5:00 p.m. and 9:00 p.m. according to the following schedule:
(2)
Lawn watering and landscape irrigation, including construction irrigation,
is permitted only during designated hours on designated days. Watering
is permitted at any time if:
(3)
Commercial nurseries, commercial sod farms and similarly situated
establishments are exempt from these irrigation restrictions but will
be required to curtail all nonessential water use.
(4)
Newly sodded or seeded lawns may be watered for a period of 14 days
without the odd-even day restriction, during permitted hours only,
with prior written approval of the Water and Sewer Utility.
(5)
All newly installed irrigation systems shall include an automatic
rain sensor that will shut off the irrigation system during a rain
event.
(6)
The washing of automobiles, trucks, trailers, boats, airplanes and
other types of mobile equipment is permitted at any time with a hand-held
bucket or a hand-held hose equipped with a positive shutoff nozzle
for quick rinses. Washing may be done at any time on the immediate
premises or commercial car wash or commercial service station or by
a mobile car wash or on-site car wash using high-pressure washing
equipment. Further, such washings are exempted from these regulations
where the health, safety and welfare of the public are contingent
upon frequent vehicle cleanings, such as garbage trucks and vehicles
to transport food and perishables.
(7)
Irrigation of golf courses, parks, school grounds and recreation
fields is permitted only during designated hours on designated days.
(8)
The overfilling of swimming pools and spas is prohibited. Whenever
possible, water from the draining of swimming pools shall not be drained
directly into the street or into storm drains but shall be beneficially
reused. Beneficial reuse consists of, but is not limited to, watering
of gardens, trees/shrubs, and lawns where the water is allowed to
seep into the ground.
(9)
Use of water from fire hydrants shall be limited to firefighting-related
activities or other activities necessary to maintain the health, safety
and welfare of the citizens of Clayton.
(10)
Water shall not be used to wash down sidewalks, driveways, parking
areas, tennis courts, patios or other paved areas, except to alleviate
immediate fire or sanitation hazards. High-pressure washing of such
surfaces will be permitted.
(11)
Ornamental fountains and garden ponds may operate if they recirculate
water. Ornamental fountains and garden ponds that do not recycle water
are prohibited.
(12)
Construction operations receiving water from a construction meter or water truck shall not use water unnecessarily for any purposes other than those required by regulatory agencies. Construction projects requiring watering for new landscaping materials should adhere to the designated irrigation hours associated with Subsection B(2) above.
C.
Residents using private wells for outside watering must register
with the Water and Sewer Utility for compliance with Borough rules
and regulations and inspections.
D.
State mandates supersede Borough ordinance.
All premises receiving water from the Borough of Clayton Water
and Water and Sewer Utility system shall be subject to inspection
by the Borough's employees or any other person duly authorized
and appointed by the Borough to perform inspections to oversee compliance.
It shall be a violation of this chapter for any person to hinder,
obstruct, delay, resist or prevent any such inspection as is described
herein.
It shall be a violation of this chapter for any person to use
water from the Borough of Clayton water system at any time in a manner
prohibited by any declaration issued pursuant to this chapter.
In the event that there is on any premises a continuing usage
of water from the Borough of Clayton water system by any person in
a manner prohibited by any declaration issued pursuant to this chapter,
such continuing usage is hereby declared to be a violation of this
section. The owner, occupant and/or operator of the premises whereon
the violation is occurring shall be served with written notice of
the violation by delivery to any such owner, occupant and/or operator
or the agent or employee of any of the same actually on the premises.
If no such person is present, the notice shall be posted on the premises.
If, after the passage of one hour from the delivery or posting of
such notice, the violation has not been abated, any employee of the
Borough of Clayton is hereby authorized to enter upon the premises
to abate the violation and discontinue water service. Thereafter,
the Borough shall assess the costs of such abatement against the owner,
operator and/or occupant of the premises.
A.
Any person found guilty of violating § 94-2 shall be subject to a fine according to the following schedule:
B.
Any person found guilty of violating § 94-5 shall be subject to a fine of $500 for each twenty-four-hour period or part thereof for which it can be proven that the violation occurred.
C.
Any person found guilty of renewing a continuing violation after
it has been abated shall be subjected to up to 90 days' imprisonment.
D.
No person shall be fined for any violation of any declaration issued
pursuant to this chapter if such violation occurs less than 48 hours
after passage of the declaration.
E.
It shall be a complete defense to any charge of violating this chapter
if it can be shown that the defendant could not reasonably have known
the violation was occurring because it was due to a latent defect
in plumbing or other water conduits.
[Added 5-28-2009 by Ord.
No. 5-2009]
The Code Enforcement Officer, the Zoning Officer and any Clayton
police officers are the enforcing officials.
