A. Prohibition: Each of the following is prohibited within the East Helena water service area:
1. The drilling or activation of a private water well.
2. The reactivation of an existing, inactive private water well.
3. The change of use in any fashion of a preexisting private water well.
4. The transfer, delivery, or distribution of water via a water transportation system or device into the East Helena water service area from a private water well located outside of the water service area.
B. Definition: A "water well" is defined as any digging, drilling, or excavation, by hand or by the use of machinery or equipment, whereby water is obtained from under the surface of the ground to be used on or above the ground surface for irrigation, manufacturing, commercial, noncommercial, human or other consumption purposes, regardless of whether or not such proposed use is potable.
C. Penalty: Any person convicted of a violation of any provision of this section shall be guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each day on which any such violation shall occur or continue shall be deemed a separate and distinct offense. (Ord. 227, 9-2-2003; amd. Ord. 278, 12-21-2021)