Ordinance # 147

AN ORDINANCE OF THE CITY OF RIGGINS, IDAHO, PROHIBITING PRIVATE WELLS WITHIN THE CITY OF RIGGINS, DEFINING DOMESTIC WATER; PROVIDING FOR REGULATION OF EXISTING WELLS AND PROHIBITING THEIR CROSS CONNECTION TO THE CITY MUNICIPAL WATER SYSTEM; PROVIDING FOR INSPECTIONS OF PRIVATE DOMESTIC WELLS AND PIPING, AND PROVIDING PENALTIES FOR VIOLATORS OF THIS REGULATION, PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING FOR APPROVAL, PASSAGE AND PUBLICATION.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO, AS FOLLOWS:

Section 1.    Definition:     For purposes of this Ordinance, "Domestic Water" means water for household needs, water of animals and water for irrigation             purposes.

Section 2.    Domestic Water Wells Prohibited:

    (A)    Prohibited:  It shall be unlawful for any persons to dig, drill or to have dug or drilled, a well or otherwise procure domestic waters for consumption of themselves or others or irrigation, within the City of Riggins, after the effective date of this ordinance.

    (B)    Existing Wells:  Any person owning property upon which there exists an already existing domestic water well will, at no time, connect any piping from that well to piping which is connected to the City's Municipal water system.

Section 3.    Inspections:    The City shall reserve the absolute right to enter upon the property upon which a private domestic water well exists and make such examinations and investigations as to conditions and sanitation as may be deemed reasonable and necessary by the City to insure and protect the public health of City municipal water consumers by the control of actual and/or potential cross connections.

Section 4.    Any person violating the terms of this Ordinance after it becomes effective, shall be guilty of a misdemeanor and shall be punished in accordance with punishment terms as are specified in the Idaho Code for general misdemeanors.  Furthermore, the City shall be permitted to seek injunctive relief to prohibit continued use of any cross-connected well, or to stop the use of any newly dug well, or to stop continued digging thereof, and to require mandatory capping and sealing of any well dug in violation of the terms of this Ordinance.

Section 5.    All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 6.    This ordinance shall become effective upon its passage, approval and publication in the Idaho County Free Press.

PASSED AND APPROVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RIGGINS ON THIS 14TH DAY OF AUGUST, 2000.