[Adopted 11-8-1989 by Ord. No. 89-13]
Upon the finding by the governing body that a water emergency exists within the Township of Waterford, said governing body may adopt a resolution declaring such a fact and the reasons therefor. Said resolution shall identify that portion or portions of the municipality affected by the water emergency. Furthermore, the resolution shall specify the applicable water use restrictions, set forth in § 278-2 of this chapter. The resolution shall become effective upon the adoption thereof and shall continue in effect for a period of 90 days, unless extended, repealed or otherwise modified as set forth in § 278-3 of this chapter. A water emergency exists if:
A.
The public utility providing water service to all
or a portion of the municipality has adopted water use restrictions,
has notified the Township of Waterford, the New Jersey Board of Public
Utilities[1] and the New Jersey Department of Environmental Protection
and Energy, 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.
[Amended 12-11-1996 by Ord. No. 96-24]
[1]
Editor's Note: See Ch. 66, Municipal Utilities
Authority.
B.
The governing body is otherwise satisfied that a water
emergency exists in the municipality.
In the event that the governing body declares a water emergency in accordance with § 278-1 of this chapter, all citizens shall be urged to observe voluntary indoor conservation measures and must comply with any of the following water use restrictions which were adopted in accordance with the resolution set forth in § 278-1 hereof:
A.
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.
B.
Outside water usage on alternate days by persons,
firms, establishments or businesses with even-numbered addresses on
even-numbered days and those having odd-numbered addresses on odd-numbered
days with outside water usage being completely banned and prohibited
on the 31st day of any month during the water emergency.
The resolution of the governing body as required by § 278-1 of this chapter shall provide a period of time during which the water use restrictions shall be applicable, said restrictions being no longer than reasonably necessary to abate the water emergency. At the expiration of the time period specified in the resolution, the water use restrictions shall lapse. In the event that the governing body is satisfied that the water emergency has been abated prior to the expiration of the time set forth in the resolution, the governing body may adopt a resolution declaring that the water emergency has ended. On the other hand, if, at the expiration of the time period specified in the resolution, the governing body is satisfied that the emergency continues to exist, it may adopt a resolution, in accordance with the requirements of this chapter, continuing the water use restrictions.
The water use restrictions imposed pursuant to this chapter shall be enforced by any local authorized official. The resolution adopting the water emergency, in accordance with § 278-1 of this chapter, shall specify the enforcement officials which may be the members of the Township Police Department or other authorized township employees. Whenever a local authorized official shall find a violation of the water use restrictions, said official shall give the violator a written warning for a first offense and explain to the violator the penalty section in this chapter for any additional offenses. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining those who have been issued a warning for first offense. The local authorized officials are hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this chapter.
[Amended 12-11-1996 by Ord. No. 96-24]
After the warning for a first offense as set forth in § 278-4 of this chapter, any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction thereof before the Municipal Court of the Township, be subject to a fine not exceeding $1,000, imprisonment in the county jail for a term not exceeding 90 days or a period of community service not to exceed 90 days, or any combination thereof, in the discretion of the Municipal Judge before whom such defendant shall be convicted. A separate offense may be deemed committed on each day during or on which a violation occurs or continues.
