The regulations set forth in Article
I shall be enforced by the Township Engineer, Code Enforcement Officer, and/or enforcement personnel in the Department of Public Safety (collectively, the "Enforcement Officials"). Whenever an enforcement official shall observe a violation of any water use regulation established in this chapter, the violator shall be given a written warning and explanation of the penalties set forth for a violation of these regulations. The enforcement officials shall keep such records as may be reasonable and necessary for the purpose of determining the persons and business entities that have been issued a written warning for a violation of the provisions of this Article
I or the provisions of Article
IV and, in the event of any subsequent violation by a previously warned person or business entity, the enforcement officials are hereby duly authorized to issue summonses for the violation of the water use regulations imposed pursuant to Article
I.
After a written warning has been issued in accordance with §
356-2 above, any person or business entity that thereafter violates the water use regulations imposed pursuant to Article
I shall be subject to a minimum penalty of $50 for such first violation. No municipal court appearance shall be required for such first violation, unless the person or business entity pleads not guilty to the alleged violation. Each subsequent violation shall be subject to a penalty to be imposed at the discretion of the Municipal Court Judge, up to the maximum penalties authorized by §
4-3 of the Code.
The restrictions established in this Article
I shall not apply to the following:
A. Commercial crops, sod farms, plants or vegetative stock at nurseries
or retail outlets and commercial golf courses;
B. Outdoor irrigation necessary, for one day only, when a treatment
involving an application of chemicals requires immediate watering
to preserve an existing landscape or to establish a new landscape;
C. Outdoor irrigation necessary for the establishment and/or maintenance
of new sod installations, lawn renovations (sod, plugs, and other
turf materials) and/or new landscaping or plantings within the first
21 consecutive days of planting;
D. Visually supervised operation of watering systems by a State of New
Jersey licensed irrigation contractor for short periods of time to
check the operational condition and effectiveness of such watering
systems; and
E. The use of reclaimed water for beneficial reuse ("RWBR"), as approved
in a New Jersey Pollutant Discharge Elimination System permit pursuant
to N.J.A.C. 7:14A-1 et seq., and any conditions pertaining thereto.