[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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in §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:
A. 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.
B. The governing body is otherwise satisfied that a water
emergency exists in the municipality.
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.