[HISTORY: Adopted by the Board of Health of the Township of Monroe
9-12-2000 by Ord. No. O-32-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 272.
In the interest 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 firefighting purposes.
In case of an emergency whereby it is determined that the available supply of water is projected to become dangerously low, the Monroe 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 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 § 273-3.
A.
FULL CURTAILMENT OF NONESSENTIAL WATER USAGE
PARTIAL CURTAILMENT OF NONESSENTIAL WATER USAGE
Extent of restrictions. The declaration of emergency
shall specify whether the emergency is one requiring full curtailment or partial
curtailment of nonessential water usage, defined as follows:
An absolute prohibition of the use of water from the Authority system
for the sprinkling of lawns, filling of swimming pools, car washing and other
similar nonessential uses until the emergency shall be terminated by declaration.
The prohibition of the use of water from the 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.
Modification of restrictions. 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 emergency declarations hereinbefore
described, a copy of the declaration shall be published in the official Township
newspapers circulated in the township and posted throughout the Township in
the Municipal Building, Police Headquarters, the offices of the Monroe Municipal
Utilities Authority, and the Monroe Municipal Utilities Authority shall immediately
notify all rate payers by regular mail of said declaration.
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 the official Township newspaper.
The restriction imposed shall terminate 120 days from the effective
date of the declaration of emergency, unless sooner terminated by terms of
the declaration or by further resolution of the Monroe Municipal Utilities
Authority.
During the water emergency, all premises receiving water from the Authority
system shall be subject to inspection by the 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 section for any person to hinder, obstruct, delay,
resist or prevent any such inspection as is described herein.
It shall be a violation of this chapter for any person to use water
from the 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 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 public 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
of such 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 Authority is hereby authorized to enter upon the premises to abate
the health hazard. Thereafter, the Township or 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 § 273-9 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 chapter if such violation occurs less than 72 hours
after passage of the declaration.
E.
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.
