Unless the context requires otherwise, the following terms and
phrases, as used in this article, shall have the meanings hereinafter
designated:
Person.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity, or its legal representatives, agents,
successors, or assigns.
Wells.
The water wells owned and operated by the city.
(2004 Code, sec. 52.31)
Any person violating any of the provisions of this article shall
be deemed guilty of a class C misdemeanor, upon conviction, and shall
be fined, except as otherwise provided herein, in a sum not to exceed
$2,000.00 for each offense, and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
(2004 Code, sec. 52.99(C))
The following activities are prohibited within the designated
areas of land surrounding the wells:
(1) Construction and/or operation of underground petroleum and/or chemical
storage tanks and liquid transmission pipelines, stock pens, feedlots,
dump grounds, privies, cesspools, septic tanks, sewage treatment drainfields,
absorption beds, evapotranspiration beds, improperly constructed water
wells of any depth, and all other construction or operation that could
create an unsanitary condition is prohibited within, upon, or across
all areas of land within a 150-foot radius of the wells. For the purpose
of this article, “improperly constructed water wells”
are those wells that do not meet the surface and subsurface construction
standards for a public water supply well.
(2) Construction of tile or concrete sanitary sewers, sewer appurtenances,
septic tanks, storm sewers, and cemeteries is specifically prohibited
within, upon, or across any area of land within a 50-foot radius of
the wells.
(3) Construction of homes or building upon any area of land within a 150-foot radius of the wells is permitted, provided the restrictions described in subsections
(1) and
(2) are met.
(4) Normal farming and ranching operations are not prohibited by this
article; provided, however, livestock shall not be allowed within
a 50-foot radius of the wells.
(2004 Code, sec. 52.32)
To the extent permitted by law, city employees, or authorized
representatives of the city, bearing proper credentials and identification,
shall be permitted to immediately enter upon any premises located
within a 150-foot radius of any well to conduct any inspection or
observation necessary to enforce this article.
(2004 Code, sec. 52.33)