[HISTORY: Adopted by the Township Committee of the Township of Mansfield as indicated in article histories. Amendments noted where applicable.]
Article I Emergencies
[Adopted 7-26-1990 by Ord. No. 1990-24]
Whenever the governing body shall be satisfied and finds that a water emergency exists in the Township, it may adopt a resolution declaring that a water emergency exists in this Township. Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the Township Committee. Such resolution shall identify that portion of the municipality affected by the water emergency, which may include the entire municipality, and shall specify which of the water use regulations contained in § 63-2 is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 63-3. For the purpose of this section, a "water emergency" shall exist if, for any of the following reasons:
The public utility providing water service for any part of the municipality has adopted water use restrictions, has notified the municipality, the New Jersey Board of Public Utilities and the New Jersey Department of Environmental Protection, as well as any other state, county or local agency entitled to notice, of such restrictions and such restrictions are not overruled or declared invalid by any state, county or local agency having jurisdiction and power to do so.
The governing body is otherwise satisfied that a water emergency exists in the municipality.
Upon adoption by the governing body of a resolution declaring that a water emergency exists in Mansfield Township, in accordance with § 63-1, all citizens shall be urged to observe voluntary indoor conservation measures, and any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to exempt businesses, as specified herein, during the water emergency:
The complete ban and prohibition of outside water usage, including the watering of lawns and plants, the filling of pools and the washing of cars.
Outside water usage on alternate days allowing outside water usage by persons or businesses having even house or box numbers on even days and those having odd house or box numbers on odd days, with outside water usage being completely banned and prohibited on the 31st day of any month during the water emergency.
The resolution of the governing body required by § 63-1 shall, in addition to complying with that section, provide a period of time during which the water use restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances, considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the governing body shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the governing body shall be satisfied that the water emergency continues to exist, the governing body may adopt a resolution in accordance with the requirements of this article continuing the water use restrictions.
The water use restrictions imposed pursuant to this article shall be enforced during a water emergency by the local authorized official, who shall be identified in the resolution declaring a water emergency. Whenever the local authorized official shall find a violation of the water use restrictions, he or she shall give the violator a written warning and explain the penalties for a second and third offense as provided by § 63-6. The local authorized official shall maintain whatever records may be reasonable and necessary for the purpose of determining those persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this article.
Pursuant to Title 58, App. A:9-52, of the New Jersey statutes, the Township and its agents, officers, employees, servants or representatives and any volunteers acting in good faith to carry out, comply with or attempt to comply with any order, rule or regulation promulgated pursuant to the provisions of this article or performing any authorized service in connection therewith shall be immune from any liability for injury or death to persons or damage to property as the result of any such activity.
For a first offense, a warning will be issued by the local authorized official.
For a second offense, upon conviction, the offender shall be subject to a fine of not more than $500 or imprisonment in the county jail for a period of 10 days, or both.
For a third and subsequent offenses, upon conviction, the offender shall be subject to a fine of not less than $500 nor more than $1,000 or imprisonment in the county jail for a period of not more than 30 days, or both.