(a) 
This article sets forth uniform requirements for the uses and the construction of facilities in or on land within one hundred fifty feet (150') of the wells in order to promote sanitary conditions in and around such wells, to secure all such land from pollution hazards, and to enable the city to comply with all applicable state and local regulations.
(b) 
The objective of this article is to prevent certain uses and the construction of facilities in or on land surrounding the wells, which might create a danger of pollution to the water produced from such wells.
(Ordinance 03-0206B, sec. 1, adopted 2/21/03)
Unless the context requires otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:
Article.
This article establishing rules and regulations regarding sanitary and pollution control of the area in proximity to the city’s public water supply wells.
Person.
Any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or as legal representatives, agents, successors, or assigns.
Wells.
The water wells owned and operated by the city, which are more specifically identified and described in exhibit A attached to the ordinance from which this article derives and made a part hereof.
(Ordinance 03-0206B, sec. 2, adopted 2/21/03)
Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined an amount in accordance with the general penalty provided in section 1.01.009 of this code. Each day of violation shall constitute a separate offense.
(Ordinance 03-0206B, sec. 5, adopted 2/21/03)
The following activities are prohibited within the designated areas of land surrounding the wells:
(1) 
Construction and/or operation of underground petroleum and/or chemical storage tanks and liquid transmission pipelines, stock pens, feedlots, dump grounds, privies, cesspools, septic tanks, sewage treatment drainfields, absorption beds, evapotranspiration beds, improperly constructed water wells of any depth, and all other construction or operation that could create an unsanitary condition is prohibited within, upon, or across all areas of land within a 150-foot radius of the wells. For the purposes of this article, “improperly constructed water wells” are those wells that do not meet the surface and subsurface construction standards for a public water supply well.
(2) 
Construction of tile or concrete sanitary sewers, sewer appurtenances, septic tanks, storm sewers, and cemeteries is specifically prohibited within, upon, or across any area of land within a 50-foot radius of the wells.
(3) 
Construction of homes or buildings upon any area of land within a 150-foot radius of the wells is permitted, provided the restrictions described in subsections (1) and (2) above are met.
(4) 
Normal farming and ranching operations are not prohibited by this article; provided, however, livestock shall not be allowed within a 50-foot radius of the wells.
(Ordinance 03-0206B, sec. 3, adopted 2/21/03)
City employees, or authorized representatives of the city, bearing proper credentials and identification, shall be permitted to immediately enter upon any premises located within a 150-foot radius of any well to conduct any inspection or observation necessary to enforce this article.
(Ordinance 03-0206B, sec. 4, adopted 2/21/03)
Whenever any applicable statute, regulation, or permit of any state, federal, or other agency, having jurisdiction over the subject matter of this article, is in conflict herewith, the stricter requirement shall apply, unless mandated otherwise.
(Ordinance 03-0206B, sec. 6, adopted 2/21/03)