[HISTORY: Adopted by the Township of Howell 10-21-2002 by Ord. No.
O-02-44. Amendments noted where applicable.]
The Township Council does hereby find and declare
the following determinations:
A.Â
That protracted periods of high temperatures and limited
rainfall may cause excessive demands upon the water systems located
in Howell Township; and
B.Â
The temporary lack of sufficient water capacity may
result in a lowering of the normal water levels of the sources of
water supply to the water companies servicing Howell Township and
to private wells. 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 uses not related to the use of
water for domestic, sanitary purposes and fire protection may cause
a serious reduction in adequate supply in the water distribution system
servicing the residents of the Township; and
C.Â
In the interests of the 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.
Upon the recommendation or upon direction of
the State of New Jersey, County of Monmouth, the federal government
or any local water company servicing the Township of Howell, the Township
Manager of the Township of Howell may declare the existence of a water
emergency where the Township has determined that circumstances exist
sufficient to indicate that an excessive demand is being made upon
the existing water supply system threatening the ability of the Township
to provide an adequate supply of water and water pressure to meet
the present sanitary, domestic and fire-fighting needs within the
Township of Howell.
A declaration of emergency shall specify whether
the emergency is one requiring either full curtailment or partial
curtailment of nonessential water usage as provided in this chapter.
Full curtailment of nonessential water usage shall mean an absolute
prohibition of the use of water from the water companies servicing
the Township or private wells within the Township for the sprinkling
of lawns, filling of swimming pools, car washing and other nondomestic,
nonsanitary use except for fire-fighting purposes, until the emergency
shall be terminated by proclamation of the Township Manager. Partial
curtailment of nonessential water usage shall mean the prohibition
of the use of water from the water companies servicing the Township
or private wells for sprinkling lawns, filling of swimming pools,
car washing and other nondomestic, nonsanitary uses, except for fire-fighting
purposes, during those days of the week and/or hours of the day specified
in the declaration of emergency.
Upon the declaration of a water emergency as
provided for in this chapter, the Township Clerk shall forthwith publish,
in at least two newspapers circulated in the Township, a copy of the
declaration of emergency which shall detail the terms and conditions
thereof and shall make a copy of such declaration available to at
least one radio station which broadcasts in the municipality.
Any declaration of a water emergency under this
chapter shall continue in full force and effect, until terminated
by the Township Manager.
During the water emergency, all premises receiving
water from the water companies servicing the Township or private wells
shall be subject to inspection between sunrise and sunset by Township
police or any other person duly authorized and appointed to enforce
the police power and ordinances of this Township 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 it has 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 water companies servicing the Township
or their private well 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 a continuing use
of water on any premises from the water companies servicing the Township
or a private well water system by any person in a manner prohibited
by any declaration issued pursuant to this chapter, such continuing
use 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 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, agents of the Township are authorized
to enter upon the premises to abate said health hazard. Thereafter,
the Township shall assess the costs of such abatement against the
owner, operator and/or occupant of the premises. Moreover, any costs
incurred by the Township shall be further assessed against the owner,
operator or occupant of the premises.
Any person violating § 320-7 of this chapter shall be given a violation notice by the Township which shall subject them to the following fines: $75 for the first offense; $200 for the second offense; $300 for the third offense. Any person found guilty of violating § 320-8 of this chapter shall be subject to a fine of $250 for each twenty-four-hour period or part thereof 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 a term of imprisonment of up to 90 days in jail.
It shall be a complete defense to any charge
of violating this chapter 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.
