[HISTORY: Adopted by the Board of Supervisors
of the Township of Hellam as indicated in article histories. Amendments
noted where applicable.]
[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 at any public meeting
make a determination that a water shortage is in effect and declare
by resolution that water conservation restrictions are in effect.
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.
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.
