(A) WATER WELL
means any hole or holes, bore or bores, to any sand horizon, formation strata or depth for the purpose of producing water for any use.
(B) Drilling of water wells will not be allowed within the city limits except water wells owned, operated and maintained by the city with the following exception:
(1) Adequate public water supply, as determined by the Water Utilities Superintendent, does not exist within 660 feet (1/8 mile) of the property line or cannot be made available in a reasonable time. If such is the case, the person(s) desiring to drill a water well may apply to the City Council for permission to drill the well. The City Council shall hold a hearing on such application and shall obtain a recommendation from a competent water engineer familiar with water strata in the county. The cost of such investigation and report shall be paid for by the person(s) making such application.
(2) After such hearing and necessary investigation by the City Council, if it appears that a necessity exists and that if such applicant is not permitted to drill such water well, unreasonable hardship will be brought upon the applicant and that the drilling of such well will not now or in the immediate future in any way affect, diminish, or interfere with the city's water supply, then the City Council may grant such applicant a permit to drill such water well.
(3) A person commits an offense if the person causes, allows, or permits the drilling, digging, boring, driving, or use of any new private water well within the city on a tract or lot where adequate public water is available, as determined by the Water Utilities Superintendent, within 660 feet (1/8 mile) of the property line.
(4) Any person found guilty of violating any of the provisions of this section shall be fined not more than $2,000. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 4-2002-23, passed 4-9-02)