This article shall be known as the "Water Shortage Response Plan Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of Mount Joy as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-9-1991 by Ord. No. 489 (Ch. 26, Part 1, of the 1992 Code of Ordinances)]
It is the intent of Borough Council by the enactment of this article to protect the public health, safety and welfare by insuring an adequate water supply for essential uses of water during times of drought or other water shortages. The Borough is authorized by Section 1202(39) of the Borough Code[1] to take action to prevent the unnecessary waste of water, and Borough Council determines that the following uses of water constitute a waste of water during times of drought or other water shortages.
[1]
Editor's Note: See 53 P.S. § 46202(39).
As used in this article, the following terms shall have the meanings indicated:
Mount Joy Borough Authority.
Borough of Mount Joy, Lancaster County, Pennsylvania.
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any agency successor thereto.
The Pennsylvania Emergency Management Agency of the Commonwealth of Pennsylvania or any agency successor thereto.
The Authority or any other entity which provides public water to persons within the Borough.
A.
Whenever any water supplier shall be in a Stage 2 Water Shortage, as defined in the Water Shortage Response Plan of the water supplier adopted in accordance with the regulations of DEP and/or PEMA, no person shall use water supplied by such water supplier in violation of the following nonessential use ban. The activities banned are as follows:
Nonessential Use Ban | |||
|---|---|---|---|
Prohibited | Exceptions | ||
Lawn watering | Sewage or stormwater systems utilizing spray irrigation | ||
Grass tennis courts as minimally necessary | |||
Newly seeded and sodded grass areas between the hours of 5:00 p.m. and 9:00 a.m. by means of handheld hose, nozzle, bucket or pail | |||
Newly seeded or sodded nonresidential grass area exceeding 1,000 square feet may be watered conservatively between the hours of 5:00 p.m. and 9:00 a.m. | |||
Irrigation of gardens, landscaped areas, trees and shrubs by any means other than a handheld hose with an automatic shutoff nozzle, bucket, or pail between the hours of 5:00 p.m. and 9:00 a.m. | Agricultural irrigation | ||
Commercial nurseries | |||
Maintenance of newly planted gardens, trees, shrubs or other outdoor plants, handheld equipment only | |||
Arboretums and public gardens of national, state or regional significance | |||
Watering golf courses | Tees and greens may be watered between the hours of 5:00 p.m. and 9:00 a.m. | ||
Washing paved surfaces such as streets, roads, sidewalks, driveways, garages, parking areas, tennis courts and patios | Water may be used for prewashing in preparation of asphalt street or driveway recoating and sealing | ||
Clay tennis courts as minimally necessary by handheld hose | |||
Operation of water fountains, artificial waterfalls and reflecting pools | None | ||
Washing vehicles | Commercial car washes equipped with recycling | ||
Cleaning of commercial or public vehicles to allow for safe operation | |||
Serving water in eating places, unless specifically requested by the individual | None | ||
Filling and topping of swimming pools | Public/residential swimming pools with filtration/recycling serving 25 or more dwelling units | ||
Health care facilities for patient care/rehabilitation | |||
Other pools if: | |||
Water supplier approves | |||
Able to filter/recycle water | |||
B.
Whenever any water supplier shall be in Stage 3 Water Shortage, as defined in the Water Shortage Response Plan of the water supplier adopted in accordance with the regulations of DEP and/or PEMA, no water customer who uses water supplied by such water supplier shall use water in violation of the water supplier's Local Water Rationing Plan approved by PEMA. The water uses prohibited are:
(1)
The watering of lawns.
(2)
The watering of outdoor gardens, landscaped areas, trees, shrubs, and other outdoor plants, except between the hours of 5:00 p.m. and 9:00 a.m. by means of a bucket or a pail, at the minimum rate necessary.
(3)
The washing of automobiles and trucks, except when required for safety and operational purposes.
(4)
The washing of streets, driveways and sidewalks.
(5)
The serving of water in restaurants, clubs or eating places, unless specifically requested by the individual.
(6)
Ornamental water use, including, but not limited to, fountains, artificial waterfalls and reflecting pools.
(7)
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 Borough health officials.
(8)
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 water supplier.
(9)
The use of fire hydrants by Borough road departments, constructors, and all others, except as necessary for fire-fighting or protection purposes.
(10)
The use of water to fill and top off swimming pools.
This article shall be enforced by the officers of the Mount Joy Borough Police Department.
[Amended 9-14-1992 by Ord. No. 497]
Any person using water supplied by a water supplier in violation this article shall, upon conviction, be sentenced to pay a fine not exceeding $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.