521.14 DAMMING OF WATER COURSES.

   (a)    Any person, firm or corporation which owns or is in control of real property may, by building a dam, create ponds or lakes on private property provided that such lake or pond does not adversely affect the community or the residents thereof and adjacent, contiguous or nearby property owners are not thereby adversely affected, upon acquisition of a permit therefor to be issued by the Mayor.

   (b)    The Mayor is authorized to issue such permit upon receipt of written application with complete plans of the proposed dam and ultimate size and level of the body of water, including a topographic representation of the affected area upon determination by the Mayor of the following conditions:

      (1)    That the lake is to be used for recreational purposes only.

      (2)    No health hazard is created in the community.

      (3)    The lake is not incidental to any prohibited industrial or commercial use, located within or immediately adjacent to the City.

      (4)    Adjacent, contiguous or nearby property owners are not adversely affected by the lake or any use of property for which the lake is created.

      (5)    Lower riparian property owners are not denied normal water flow by reason of the damming of the creek or other water course or use of water from the lake. (Ord. 81-1968. Passed 11-7-68.)

   (c)    (1)    Any person who constructs a dam and thereby creates a lake across any creek or other natural water course without first acquiring a permit therefor is guilty of a misdemeanor of the first degree.

      (2)    Any officer or supervisory official of a corporation who directs the damming of a creek by agents, employees or subcontractors without first having acquired a permit therefor is deemed guilty of violating this section.

      (3)    Whoever is convicted of the violation of this section and fails to either acquire a permit as is provided herein or remove such dam within thirty days after conviction, is deemed guilty of a second violation.