[Ord. No. 27-89, Preamble]
Pursuant to N.J.S. 40:48-2 municipalities have the power to
adopt ordinances necessary and proper for the protection of persons
and property and the preservation of the public health, safety and
welfare.
For the purpose of responding to water emergencies which may
occur in the future, the Township Committee has determined that procedures
should be adopted for the implementation and enforcement of water
use regulations in the Township for the protection of persons and
property and the preservation of the public health, safety and welfare.
[Ord. No. 27-89 § 1]
Whenever the Township Committee shall be satisfied and finds that a water emergency exists in the Township, it may adopt a resolution declaring the existence of a water emergency. Such resolution shall identify that portion of the Township affected by the water emergency, which may include the entire Township, and shall specify which of the water use regulations contained in subsection 16-1.3 of this chapter is being imposed as well as any exemptions as may be authorized. Such resolution shall become effective immediately upon publication according to law and shall continue in effect for the period specified therein, unless extended or repealed as set forth in subsection 16-1.4 of this chapter.
For the purposes of this subsection, a water emergency shall
exist for any of the following reasons:
a.Â
The public utility providing water service to all or a portion of
the Township has adopted water use restrictions, has notified the
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.Â
The Township Committee is otherwise satisfied that a water emergency
exists in the Township.
[Ord. No. 27-89 § 2]
Upon adoption by the Township Committee of a resolution declaring that a water emergency exists in the Township in accordance with subsection 16-1.2 of this chapter, all citizens shall be urged to observe voluntary indoor conservation measures, and any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants during the water emergency, except where a bona fide health emergency exists and except as to exempt businesses as specified herein:
a.Â
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; or
b.Â
Outside water usage on alternate days allowing outside water usage
by persons or businesses having even house or box numbers on even
days and those having odd house or box numbers on odd days with outside
water usage being completely banned and prohibited on the 31st day
of any month during the water emergency; or
c.Â
Any other water use restriction specified by the Township Committee in the resolution adopted pursuant to subsection 16-1.2 which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this paragraph shall be limited in application to that portion of the Township, which may include the entire Township, identified as being affected by the water emergency in the resolution of the Township Committee adopted in accordance with subsection 16-1.2 of this chapter.
[Ord. No. 27-89 § 3]
The resolution of the Township Committee required by subsection 16-1.2 shall, in addition to complying with that subsection provide a period of time during which the water use restrictions imposed shall be applicable, 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 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, prior to or upon the expiration of the time period specified in the resolution, the Township Committee shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this section continuing the water use restrictions for a specified period of time.
[Ord. No. 27-89 § 4]
The water use restrictions imposed pursuant to this chapter shall be enforced during a water emergency by such Township official or officials as may be authorized by the Township Committee. Whenever such an authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning and explain the penalties for a second or third offense as provided by subsection 16-1.6 of this chapter. Each authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons who have been warned upon a first offense. Each authorized official is hereby empowered to issue summonses for the violation of the water use restrictions imposed pursuant to this section.
[Ord. No. 27-89 § 5;
New]
After a first offense in accordance with subsection 16-1.5 of this chapter, any person who thereafter violates the water use restrictions imposed pursuant to this section shall be subject to a fine or imprisonment as follows: For a second offense, a fine not exceeding $500 or imprisonment for not more than 10 days, or both. For a third and any subsequent offense, such person shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5.
