[HISTORY: Adopted by the Township Committee
of the Township of Carneys Point: Art. I, 10-11-1989 as Ord. No. 460. Amendments noted where applicable.]
[Adopted 10-11-1989 as Ord. No. 460]
Whenever the Township Committee shall find that a water emergency exists in Carneys Point Township, it may adopt a resolution declaring the existence of a water emergency. Such resolution shall be adopted by the Carneys Point Township Committee at any regular, special, adjourned or emergency public meeting of the Carneys Point 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 § 207-2 of this chapter are being imposed as well as any exemptions 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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed, as set forth in § 207-3 of this chapter. For the purposes of this section, a water emergency shall exist if, for any of the following reasons:
A.
The public utility providing water service to all
or a portion of Carneys Point Township has adopted water use restrictions,
has notified Carneys Point Township, 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 the jurisdiction
and power to do so; or
B.
The Carneys Point Township Committee is otherwise
satisfied that a water emergency exists in the municipality.
Upon adoption by the Carneys Point Township Committee of a resolution declaring that a water emergency exists in Carneys Point Township in accordance with § 207-1 of this chapter, all citizens shall be urged to observe voluntary indoor conservation measures. In addition to voluntary measures, the Township Committee may impose any or all of the following water use restrictions, which, if imposed, shall be applicable to all residents of the Township, except where the Township finds a bona fide health emergency to exist:
A.
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.
B.
Outside water usage on alternate days by allowing
outside water usage by persons or businesses having even house or
box numbers only on even days and those having odd house or box numbers
only on odd days with outside water usage being completely banned
and prohibited on the 31st day of any month during the water emergency.
C.
Any other water use restriction specified by the Carneys Point Township Committee in the resolution required by § 207-1 of this chapter which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this section shall be limited in application to that portion of Carneys Point Township, which may include the entire Township, identified as being affected by the water emergency in the resolution of the Carneys Point Township Committee adopted in accordance with § 207-1 of this chapter.
The resolution of the Carneys Point Township Committee required by § 207-1 of this chapter shall, in addition to complying with § 207-1, 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 restrictions shall lapse and be inapplicable and unenforceable. If the Carneys Point Township Committee 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 Carneys Point Township Committee shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this chapter continuing the water use restrictions.
The water use restrictions imposed pursuant to this chapter shall be enforced during a water emergency by the Carneys Point Township Police Department. Whenever a police official shall find a violation of the water use restrictions, such official shall give the violator a written warning and explain the penalties for a second and third offense as provided by § 207-5 of this chapter. The Police Department shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. Each police officer of the Carneys Point Township Police Department is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this chapter.
After a first offense, noticed in accordance with § 207-4 of this chapter, any person or business who thereafter violates the water use restrictions imposed pursuant to this chapter shall be fined or imprisoned in accordance with this section. For a second offense, the fine imposed shall be not more than $500 or imprisonment for not more than 10 days, or both. For a third and subsequent offense, the fine imposed shall be not more than $1,000 or imprisonment for not more than 30 days, or both.
