[HISTORY: Adopted by the Borough Council of the Borough of Matamoras 10-7-1986
as Ord. No. 210, approved 9-2-1988. Amendments
noted where applicable.]
This chapter shall be known and referred to as the "Borough of Matamoras
Well Ordinance."
As used in this chapter, the following terms shall have the meanings
indicated:
The Municipal Authority of the Borough of Matamoras, duly created
pursuant to the Articles of Incorporation issued on the 12th day of July 1977,
or its successors.
See "well."
A hole or shaft sunk into the earth by digging, drilling, boring
or otherwise in order to obtain water from a subterranean source or supply.
The digging, drilling, boring or other creation of any water well within
the Borough of Matamoras or the use for any purpose of the waters therefrom
is hereby barred and prohibited.
[Amended 12-30-1975 by Ord. No. 174,
approved 12-30-1975; 9-6-1988 by Ord.
No. 217]
Any person, partnership or corporation who or which shall violate the
provisions of this chapter shall, upon conviction thereof in a summary proceeding,
be sentenced to pay a fine of not more than six hundred dollars ($600.) per
day, undergo a period of imprisonment not to exceed thirty (30) days, or both.
Each day a violation is continued shall constitute a separate offense. All
fines shall be paid to the Borough of Matamoras for its general use.
In the event that any water well is or is begun to be dug, drilled or
bored or otherwise created, the Borough Council or, with its approval, the
Zoning Officer, in addition to the other remedies, may institute and prosecute
in the name of the Borough of Matamoras any appropriate action at law or in
equity to prevent, restrain or abate any such violation or attempted violation
of this chapter. In the event that any such action or proceeding is brought,
the costs, expenses and reasonable attorney's fees incurred by the Borough
of Matamoras in the bringing and prosecution thereof shall be recoverable
in such proceeding.
The terms and provisions of this chapter shall not apply to the Municipal
Authority of the Borough of Matamoras or its successor.
