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Legal Notice – Town of Marshall, ORDINANCE GOVERNING TOWN UTILTIY WATER SERVICE

TOWN OF MARSHALL, INDIANA

 ORDINANCE NO. 2024-1

 

AN ORDINANCE GOVERNING TOWN UTILTIY WATER SERVICE

 

WHEREAS, it has come to the attention of the Town Council for the Town of Marshall, Indiana that certain behaviors occurring within the Town of Marshall, Indiana are jeopardizing the safety of the town water utility system and creating the possibility of damage to said water system; and

 

WHEREAS, the Town Council has determined that prohibition of said actions is in the best interest of the town water utility and town residents.

 

NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MARSHALL, INDIANA, AS FOLLOWS:

 

PURPOSE:  The purpose of this Ordinance is to prohibit tampering  with the water system  or unlawful use of water services.

 

ARTICLE 1: It shall be unlawful for any person, other than employees of the water utility of the Town while acting within the scope of their employment or any other person or persons specifically authorized by the water utility, to block any water usage from being read, to open a meter pit lid, enter a meter pit or in any manner, tamper with a water meter, attempt to heat a meter pit or meter or tamper with a fire hydrant.

 

ARTICLE II: The water or service furnished by the Town of Marshall water utility is for the use of the utility customer on their own premises.  The customer shall not resell any water service or permit adjacent property owners to utilize their water service in lieu of obtaining water service from the town utility in their own name.

 

ARTICLE III: Any person who violates this Ordinance shall be fined a sum not to exceed $2,500. A separate offense shall be committed for each day of the violation.   Tampering with the town water utility may result in criminal charges as well as cancellation of future water utility services.

 

  1. a) Injunction: In addition to the penalty provided by Article III above, the Town shall be entitled to an injunction, enjoining any further violation of this Ordinance.
  2. b) Attorney Fees: Any person found by a Court to have violated this Ordinance shall pay costs and reasonable attorneys’ fees incurred by the Town as a result of the Town’s enforcement of this Ordinance.

 

Ordained by the Town Council of the Town of Marshall, Indiana, this 6 Day of February, 2024.

 

Unanimous Approval of all council members present February 6, 2024, to consider this ordinance the same date as introduced.

 

Kevin Stewart

Darla Burgess

 

APPROVED THIS 6TH DAY OF FEBRUARY 2024.

 

TOWN COUNCIL OF

THE TOWN OF MARSHALL, INDIANA

Kevin Stewart

Darla Burgess

 

Attest:

Kathy Wirth

Clerk Treasurer