A.
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 § 186-16, 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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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 Repair
Supervisor or designated representative if any of the Director of
Community Development, the Construction Official, or designees have
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 Director of Community Development,
the Construction Official, or designees 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 Director of Community Development, the Construction
Official, or designees, 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.
A.
Generally. Any person or persons, firm or corporation violating any of the provisions of Subsections A or B of § 186-16 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:
B.
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.
C.
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 § 186-16, 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.
A.
Restrictions on the outside use of water:
(1)
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.
(2)
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.
(3)
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.
(4)
Exempt from the conservation measures are commercial car washes,
power wash businesses, and contractors who must use water as part
of their daily work.
(5)
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.
C.
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.
