[Adopted 7-7-2010 by Ord. No. 10-2010]
Editor's Note: This ordinance also repealed former Art. II, Water Conservation, adopted 3-5-1975 as Section 8:2 of Ch. VIII of the General Ordinances, as amended.
The Mayor and/or Mayor's designee shall have the authority to formally proclaim that an emergency exists with respect to the potable water resources of the Township's water system, requiring the taking of such measures for the conservation of water for domestic and sanitary uses and for fire protection as hereinafter specified. In issuing said proclamation of emergency, the Mayor and/or Mayor's designee shall proclaim whether the emergency is of the type or character requiring the restricted use of water hereinafter set forth under § 186-17, Subsections A, B and C. Prior to said declaration of emergency, the Mayor and/or Mayor's designee shall consult with the Township Engineer to determine whether the supply of water has lessened to such degree as to cause inadequate water pressure or whether the conditions, in the interest of the health, safety and welfare of the Township residents, warrant the taking of prompt and reasonable precautions and measures to conserve the existing water supply to prevent the waste and use of water.
The emergency shall become effective immediately upon the issuance of the proclamation, which may be in writing, and shall remain effective until such time as the Mayor and/or Mayor's designee terminate the declaration of emergency and rescind the proclamation or the Mayor and/or Mayor's designee declare such emergency to have terminated.
The Type (a) proclamation, in addition to permitting the use of the Township water system for domestic and sanitary purposes and fire protection, shall permit outside uses of water, but only on the days and hours as specified by the Mayor and/or Mayor's designee in the proclamation. Business and industries may use water for such uses as is reasonably necessary for the conduct of said business or industry.
The Type (b) proclamation shall permit the use of water from the Township water system only for domestic and sanitary uses and fire protection and shall prohibit all outside uses of the water from the system, save that needed for firefighting. Business and industries may use the water for such uses as are reasonably necessary for the conduct of said business or industries, but only for the days and hours as specified by the Mayor and/or Mayor's designee.
The Type (c) proclamation shall require the Mayor and/or Mayor's designee to ration the use of the Township water system for domestic and sanitary uses and business and industrial uses as is advised by the Township Engineer. All other water uses, with the exception of firefighting, shall thereupon be prohibited for the purposes of equitably distributing the then available water supply throughout the area served.
Notice of proclamation. Immediately following the issuance of any of the emergency proclamations hereinbefore provided, notice thereof shall be published forthwith in a newspaper published or circulated in the Township. The Mayor and/or Mayor's designee shall in his or her discretion utilize other means of notice.
All places and premises consuming water within the Township of Pemberton shall be subject to the inspection of the Water Supervisor or designated representative if the Code Enforcement Officer has reason to believe that any section of this article has been violated.
Any continuing violation by any property owner or his or her representative of any provision of any of the types of proclamations issued by the Mayor or Mayor's designee is hereby declared to be a nuisance. A continuing violation is defined to mean a violation which continues 1/2 hour after the Code Enforcement Official notifies the property owner or his or her representative of the existence of the type of emergency, and that the property owner is in violation of the regulations of that emergency and that the property owner has 1/2 hour to correct said violation. The Code Enforcement Officer, upon the expiration of the one-half-hour period and the failure of the property owner or his or her representative to correct the violation, is hereby authorized to abate said nuisance in the manner provided by law. The remedies set forth in this section shall be in addition to those remedies set forth in the following section.
Generally. Any person or persons, firm or corporation violating any of the provisions of Subsections A or B of § 186-17 or any of the rationing provisions, rules and regulations promulgated under Subsection C of said section, upon conviction in Municipal Court, shall be subject to the following fines and penalties:
Reduction of water. In addition to those penalties set forth in Subsection A of this section, upon conviction by a Municipal Court, a person or persons are subject, at the discretion of the Court, to an immediate reduction, during the continuance for the emergency, of the potable water service to the premises on which said violation occurred. This reduction shall be a daily minimum necessary to safeguard the health and safety of the occupants of the premises where said violation occurred.
Separate violations. Property owners or their representatives shall have a one-half-hour grace period, during which no violations shall be deemed to occur, after the notice of the issuance of the type of proclamation has been given in the area in which the property is located, to comply with the provisions of the particular proclamation. If after the expiration of the one-half-hour grace period the property owner fails to comply with the provisions of the particular proclamation, a summons or complaint may be issued. In considering violations of Subsections A, B and C of § 186-17, violations continuing for successive one-half-hour periods after the grace period shall be taken to be separate violations and subject to separate penalties, hereinabove specified.
Restrictions on the outside use of water:
Limiting the water use to alternate days by persons, firms, establishments or businesses with even-number addresses on even-number days and those having odd-number addresses on odd-number days with outside water use being completely banned and prohibited on the 31st day of any month.
Outside water uses include, but are not limited to, watering lawns and landscaping, filling swimming pools, washing cars and other uses such as washing porches and sidewalks.
Additionally, outdoor and landscape watering, including the filling of swimming pools, on permitted days is restricted to the hours of 6:00 a.m. to 9:00 a.m. and 6:00 p.m. to 9:00 p.m. daily during the months of June, July, August, and September.
Exempt from the conservation measures are commercial car washes, power wash businesses, and contractors who must use water as part of their daily work.
The penalty for violating these water restrictions shall be, upon conviction thereof, a fine not more than $1,000 or imprisonment for not more than 90 days, or both, except that for the initial violation only a warning shall be issued. Thereafter, penalties shall be assessed beginning with a first offense. The Township Code Enforcement Officer, employees of the Township Water Department and members of the Township Police Department are designated to enforce the provisions of this water conservation program.
Public notice at least once annually to provide public notice to the residents about the Township water conservation program and in said notice to provide educational information on different means of conserving water.