The purpose of this article is to protect the public water system of the city by protecting the water supply sources serving the citizens of the city by means of sanitary control measures designed to prevent contamination of the public water system.
(Ordinance 790-05 adopted 3/21/05)
Public water system.
A system for the provision to the public of water for human consumption through pipes or other constructed conveyances, which includes all uses described under the definition for drinking water. Such a system must have at least 15 service connections or serve at least 25 individuals at least 60 days out of the year. This term includes; any collection, treatment, storage, and distribution facilities under the control of the operator of such system and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Two or more systems with each having a potential to serve less than 15 connections or less than 25 individuals but owned by the same person, firm, or corporation and located on adjacent land will be considered a public water system when the total potential service connections in the combined systems are 15 or greater or if the total number of individuals served by the combined systems total 25 or greater at least 60 days out of the year. Without excluding other meanings of the terms “individual” or “served,” an individual shall be deemed to be served by a water system if he lives in, uses as his place of employment, or works in a place to which drinking water is supplied from the system.
(Ordinance 790-05 adopted 3/21/05)
(a) 
No person may locate: a tile or concrete sanitary sewer, a sewerage appurtenance, a septic tank, a storm sewer, a cemetery, a septic tank perforated drainfield, areas irrigated by low dosage, low angle spray on-site sewage facilities, an absorption bed, an evapotranspiration bed, an improperly constructed water well, or an underground petroleum and chemical storage tank or a liquid transmission pipeline which is within 150 feet of a public water source.
(b) 
No person may locate a sewage treatment plant within 500 feet of a public water source or a sewage wet well, sewage pumping station, or a drainage ditch which contains industrial waste discharges or the wastes from sewage treatment systems within 300 feet of a public water source.
(c) 
No person may locate animal feed lots, solid waste disposal sites, lands on which sewage plant or septic tank sludge is applied, or lands irrigated by sewage plant effluent within 500 feet of a public water source.
(d) 
No person may allow livestock in pastures within 50 feet of a public water source.
(Ordinance 790-05 adopted 3/21/05)
The city public works director, or his designee, shall have authority to enforce the provisions of this article.
(Ordinance 790-05 adopted 3/21/05)
(a) 
Any person violating or failing to comply with any provision or requirement of this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount provided for in the general penalty provision found in section 1.01.009 of this code, such offenses being violations of the health and safety ordinance of the city. A separate offense shall be deemed committed upon each day during or on which a violation or failure to comply occurs or continues to occur. This section shall be in addition to and cumulative of the provisions for abatement of the nuisance by the city and charging the cost of same against the owner of the property.
(b) 
Notwithstanding the foregoing, any violation of any provision of this article which constitutes an immediate danger or threat to the health, safety and welfare of the public may be enjoined in a suit brought by the city for such purpose.
(c) 
In addition to any other remedies or penalties contained herein, the city may enforce the provisions of this article pursuant to the applicable provisions of chapter 54 of the Texas Local Government Code, which chapter provides for the enforcement of municipal ordinances.
(d) 
Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.
(Ordinance 790-05 adopted 3/21/05)