Township of East Windsor, NJ
Mercer County
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Protracted periods of high temperatures and limited rainfall may cause excessive demands upon the water system of the East Windsor 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 East Windsor 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.
The township council is hereby authorized to proclaim by resolution the existence of a water emergency upon receipt of a resolution adopted by the East Windsor Municipal Utilities Authority or upon written notification by the General Manager of the East Windsor Municipal Utilities Authority stating that such an emergency exists. The resolution (hereinafter referred to as the proclamation) adopted by the township council 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 section 24-3.
The proclamation of emergency shall specify whether the emergency is one requiring full curtailment or partial curtailment of non-essential water usage as defined herein.
a. 
Full curtailment of non-essential water usage shall mean an absolute prohibition of the use of water from the East Windsor 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 proclamation.
b. 
Partial curtailment of non-essential water usage shall mean the prohibition of the use of water from the East Windsor Municipal Utilities system for sprinkling 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 proclamation.
In the case of any such emergency proclamation 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 proclamations hereinbefore described, a copy of the proclamation shall be published in all newspapers circulated in the township and copies shall be made available to all radio stations and posted throughout the township in all public places.
The proclamation of emergency shall continue to full force and effect, except as amended, until terminated by a resolution of termination adopted by the township council.
During the water emergency all premises receiving water from the East Windsor Municipal Utilities system shall be subject to inspection between sunrise and sunset by the township employees or any other person duly authorized and appointed by the township manager to perform inspections to oversee compliance during the water emergency. It shall be a violation of this ordinance 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 section for any person to use water from the East Windsor Municipal Utilities Authority water system at any time during a water emergency in a manner prohibited by any proclamation issued pursuant to this section.
In the event that there is on any premises a continuing usage of water from the East Windsor Municipal Utilities Authority water system by any person in a manner prohibited by any proclamation issued pursuant to this section, 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 and the township manager shall attempt to contact any such person by telephone.
If, after the passage of one hour from the delivery or posting of such notice, the health hazard has not been abated, the township manager or his delegee, is hereby authorized to enter upon the premises to abate the health hazard. Thereafter the township shall assess the costs of such abatement against the owner, operator and/or occupant of the premises.
Any person found guilty of violating subsection 24-7 shall be subject to a maximum fine of:
Seventy-five dollars for the first offense;
Two hundred dollars for the second offense;
Five hundred dollars for the third offense.
Any person found guilty of violating section 24.8 shall be subject to a fine of $250 for each 24 hours or part thereof period for which it can be proven that the violation occurred.
Any person found guilty of renewing a continuing violation after it has been abated shall be subject to up to 90 days imprisonment.
No person shall be fined for any violation of any proclamation issued pursuant to this section if such violation occurs less than 48 hours after passage of the proclamation.
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.