(A) No new well may be drilled by any person within the town, regardless of whether the proposed well would serve property inside or outside the town's corporate limits, and regardless of the purpose for which the well water is intended, unless, with respect to any such property, as of the date of drilling for any such well, the Pendleton water works system is not available to any such person.
(B) This section does not apply to existing and functioning wells, but it does apply to wells which exist which are not used or which are not functioning as of the date of the passage of this section. Any work, repair, modification or addition to or upon any existing well which is not being used or which is not functional as of the date of passage of this section shall be deemed, for purposes of this section, construction of a new well within the meaning of and in the context of this section.
(C) In the event any person shall violate any provision of this section, such person shall be subjected to a fine of $100 per day for each and every day such violation continues, and the town may seek appropriate injunctive relief in a court of competent jurisdiction, and if such injunctive relief is granted, the town shall be entitled to recover all court costs and reasonable attorney fees incurred in enforcing the provisions of this section. The remedy for violation herein provided shall be cumulative of any other remedy to which the town may be entitled at law or equity.
(D) After passage of this section and signature by the members of the Town Council, the Clerk-Treasurer shall cause notice to passage to be published in the Pendleton Times, a newspaper of general circulation published in Pendleton, Indiana, said notice to be published within 30 days. This section shall become effective upon publication.
(Ord. 1991-04, passed 4-2-91; Am. Ord. 1997-05, passed 4-8-97)