[Ord. No. 499-89 §§1 — 10, 5-15-1989]
A. 
All springs, wells or other sources of water supply within the City of Kearney, Missouri, not owned by the City shall obtain a license before operation.
B. 
An application for the issuance of such license shall be made prior to any work being done on such well or other source of water. Such application shall set forth the reasons why such well license is sought and the need for such additional source of water and shall provide for agreement by such prospective licensee to comply with all rules and regulations set forth under this Chapter.
C. 
Such license, if granted, shall allow the licensee to pump not more than two hundred fifty (250) gallons per minute from said well or other water source subject, however, to the following:
If the City determines that the static water level of the City well closest to the licensed well drops four (4) feet or more when licensed well is pumping, then the licensee upon being notified in writing by the City shall immediately throttle the pump or cease pumping on the licensed well so as to reduce said static water drop at the closest City well to within the four (4) feet drop which is allowed by the Chapter.
D. 
The licensee shall be required to keep accurate daily records which shall be supplied to the City upon demand to show:
1. 
The amount of time pumping occurs;
2. 
The rate of pumping;
3. 
The total gallonage pumped by said licensee;
4. 
The static water level of said licensed well both when and when not pumping; or
5. 
The purity of the water sold or supplied from said pump.
E. 
The licensee shall have received and shall maintain during the entire period of their license all required licenses, permits and other authorizations that may be required by the State or Federal Government.
F. 
Such license shall be issued for a period of five (5) years conditioned on payment of an initial and annual license fee of one dollar ($1.00) per year due on the anniversary of the issuance of such license.
G. 
In the event the licensee:
1. 
Does not pay the annual license fee;
2. 
Does not maintain permits, licenses or authorizations required by the State or Federal Government;
3. 
Fails to immediately throttle their pump or cease pumping as directed by the City as above required;
they shall be in violation of this Chapter.
H. 
Any licensee found guilty of a violation of the provisions of this Chapter shall be punished by a fine of five hundred dollars ($500.00). Each day that a violation occurs shall constitute a separate ordinance violation and may be fined as such. In addition to any such fine, the Board of Aldermen, upon giving reasonable notice to the licensee, may have a hearing to determine whether such license shall be revoked.
I. 
In addition to all other remedies above mentioned, in the event such licensee fails to comply with the order of the City to throttle their pump or cease pumping, the City may institute any appropriate action or proceeding to prevent the continuation of such operation in violation of the terms of the Chapter and seek appropriate injunctive relief from the Circuit Court of Clay County, Missouri.