[HISTORY: Adopted by the Council of the Township of Monroe
2-6-84 by Ord. No. 4-84. Amendments
noted where applicable.]
Protracted periods of high temperatures and limited rainfall
may cause excessive demands upon the water system of the Monroe Township
Municipal Utilities Authority and a temporary lack of sufficient water
capacity may result in a lowering of the normal water levels of the
sources of water supply to the Monroe Township Municipal Utilities
Authority; and the excessive use of water during the spring, summer
and fall months caused by sprinkling of lawns, filling of swimming
pools, car washing and other similar use not related to the use of
water for domestic and sanitary purposes and fire protection, may
cause a serious reduction in adequate pressure in the water distribution
systems serving the residents of the Township. In the interest of
health, safety and welfare of the inhabitants of the Township, it
is necessary to take all reasonable precautions and measures promptly
to conserve water and maintain such water pressure as is necessary
for sanitary, domestic and fire-fighting purposes.
In case of an emergency where the available supply of water becomes dangerously low, the Monroe Township Municipal Utilities Authority is hereby authorized to declare by resolution, the existence of a water emergency. The resolution (hereinafter referred to as the "declaration"), adopted by the Monroe Township Municipal Utilities Authority, shall state that an emergency exists requiring the implementation of such measures for the conservation of water for domestic and sanitary purposes and fire protection as are specified in § 127-3.
A.
The declaration of emergency shall specify whether the emergency
is one requiring full curtailment or partial curtailment of nonessential
water usage as defined herein.
(1)
FULL CURTAILMENT OF NONESSENTIAL WATER USAGE – Shall mean an
absolute prohibition of the use of water from the Monroe Township
Municipal Utilities Authority system for the sprinkling of lawns,
filling of swimming pools, car washing and other related uses until
the emergency shall be terminated by declaration.
(2)
PARTIAL CURTAILMENT OF NONESSENTIAL WATER USAGE – Shall mean
the prohibition of the use of water from the Monroe Township Municipal
Utilities Authority system for sprinkling of lawns, filling of swimming
pools, car washing and other related uses or any of the foregoing
on certain days of the week and/or during certain hours of the day.
The terms of the partial curtailment shall be set forth in the declaration.
B.
In the case of any such emergency declaration as is described herein,
the terms of the curtailment may be modified by amendment from time
to time based on any change in emergent conditions.
Immediately following the passage of any of the emergency declarations
hereinbefore described, a copy of the declaration shall be published
in official Township newspapers circulated in the Township and posted
throughout the Township in the municipal building, police headquarters
and the offices of the Monroe Township Municipal Utilities Authority.
The declaration of an emergency shall be conclusive of the fact
of the existence of such emergency and shall be binding upon all persons
and users upon the filing of the same in the office of the Township
Clerk and the publication thereof in all newspapers circulated in
the Township.
The declaration of emergency shall continue in full force and
effect, except as amended, until terminated by a resolution of termination
adopted by the Monroe Township Municipal Utilities Authority.
During the water emergency, all premises receiving water from
the Monroe Township Municipal Utilities Authority system shall be
subject to inspection between sunrise and sunset by the Utility Authority's
employees or any other person duly authorized and appointed by the
Township or Authority to perform inspections to oversee compliance
during the water emergency. It shall be a violation of this chapter
for any person to hinder, obstruct, delay, resist or prevent any such
inspection as is described herein. Nothing herein shall be deemed
to limit the power of the Police Department to conduct a search of
any premises at any time when they have probable cause to believe
that a violation of this section has been committed.
It shall be a violation of this chapter for any person to use
water from the Monroe Township Municipal Utilities Authority water
system at any time during the water emergency in a manner prohibited
by any declaration issued pursuant to this chapter.
In the event that there is on any premises a continuing usage
of water from the Monroe Township Municipal Utilities Authority water
system by any person in a manner prohibited by any declaration issued
pursuant to this chapter, such continuing usage is hereby declared
to be a health hazard. The owner, occupant and/or operator of the
premises whereon the violation is occurring shall be served with written
notice of the violation by the delivery to any such owner, occupant
and/or operator or the agent or employee of any of same actually on
the premises. If no such person is present the notice shall be posted
on the premises. If, after the passage of one hour from the delivery
or posting of such notice, the health hazard has not been abated,
any employee of the Township or the Monroe Township Municipal Utilities
Authority, is hereby authorized to enter upon the premises to abate
the health hazard. Thereafter, the Township or Utilities Authority,
as the case may be, shall assess the costs of such abatement against
the owner, operator and/or occupant of the premises.
B.
Any person found guilty of violating § 127-9 shall be subject to a fine of $500 for each twenty-four-hour period or part thereof for which it can be proven that the violation occurred.
C.
Any person found guilty of renewing a continuing violation after
it has been abated shall be subject to up to 90 days imprisonment.
D.
No person shall be fined for any violation of any declaration issued
pursuant to this section if such violation occurs less than 48 hours
after passage of the declaration.
E.
It shall be a complete defense to any charge of violating this section
if it can be shown that the defendant could not reasonably have known
the violation was occurring because it was due to a latent defect
in plumbing or other water conduits.
