[HISTORY: Adopted by the Board of Supervisors of the Township of Hellam as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform Construction Codes — See Ch. 175.
Sewers — See Ch. 380.
[Adopted 4-4-2002 by Ord. No. 2002-8]
A. 
The Township of Hellam, together with a large portion of the United States, is experiencing a period of extreme drought and low rainfall. The water table has fallen significantly, affecting water supplies and water pressure in the wells. Hellam Township Supervisors recognize an emergency need for the conservation of water in Hellam Township in order to ensure the continuing supply of water for essential needs. The Hellam Township Board of Supervisors also acknowledges the need for regulations that can be placed in effect upon the occurrence of emergency water shortage conditions that may reoccur in the future.
B. 
The Board of Supervisors of Hellam Township does hereby enact this article to provide a means for protecting the health, safety, and welfare of the residents of Hellam Township when faced with a critical water shortage in an emergency situation.
This article establishes water conservation restrictions in periods of water drought and water shortage in Hellam Township in order to provide an adequate supply of water for public and private uses is enacted pursuant to the Second Class Township Code, as amended, including, but not limited to, Sections 1506, 1527, 1529, and 1601 thereof.[1]
[1]
Editor's Note: See 53 P.S. §§ 66506, 66527, 66529 and 66601, respectively.
The Board of Supervisors may, in its resolution, restrict all nonessential uses of water or such nonessential uses as the Board of Supervisors may deem necessary and advisable to meet the water shortage. The restrictions deemed necessary in this situation shall be specified in the resolution of the Board of Supervisors. The Board of Supervisors may adopt successive resolutions adding, deleting or changing restrictions as the situation may require.
A. 
The Board of Supervisors may enact any or all of the following types of restrictions or prohibitions on nonessential water uses:
(1) 
Watering of lawns;
(2) 
Watering of outdoor gardens, landscaped areas, trees, shrubs, and other outdoor plants (except between the hours of 5:00 p.m. and 9:00 p.m. by means of a bucket or pail, at the minimum rate necessary);
(3) 
Watering of golf course fairways;
(4) 
The washing of automobiles and trucks, except when required for safety and operational purposes;
(5) 
The washing of streets, sidewalks, driveways, and parking lots;
(6) 
The serving of water in restaurants, clubs or eating places, unless specifically requested by a customer;
(7) 
Ornamental water use, including, but not limited to, fountains, artificial water falls and reflecting pools;
(8) 
Water slides and other water-using amusements;
(9) 
Nonessential commercial and industrial uses of water;
(10) 
Adding water to or filling swimming pools;
(11) 
All other uses of water not essential to the public health, safety or welfare.
B. 
In addition, the Board of Supervisors may limit the hours, days or manner in which certain uses may be permitted or prohibited.
This article authorizing regulations limiting or prohibiting nonessential water use during periods of drought or water shortage is deemed necessary to protect the public health, safety, and welfare during present and/or future periods of water shortage.
The Board of Supervisors may adopt a resolution determining the existence of the drought or water shortage conditions promulgating appropriate regulations at the same time as the enactment of this article, and those regulations shall go into effect simultaneously therewith. Future regulations shall go into effect upon the date specified in resolutions establishing the regulations.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus all costs of prosecution, including, but not limited to, attorneys' fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The provisions of this article shall be enforced by the Hellam Township Zoning Officer, any Hellam Township official appointed from time to time by resolution of the Board of Supervisors, or by any police officer having authority within Hellam Township.