[1]
Editor's Note: The preamble for this article covering the findings and determinations of Council reads as follows: "A. The Council hereby finds that: (1) Protracted periods of high temperatures and limited rainfall cause excessive demands upon the Wayne Township water system, resulting in excessive drains upon said system for use not related to domestic and sanitary purposes and fire protection. (2) The constantly recurring droughts in this area also result in a lowering of the normal water levels of the sources of water apply to the Wayne Township water system. The excessive use of water during said droughts during the spring, summer and fall months caused by sprinkling of lawns, shrubbery and gardens and other similar use not related to the use of water for domestic and sanitary purposes and fire protection causes a serious reduction in adequate pressure at the higher elevations of the Wayne Township water system. (3) Grave inequities result whereby some residents furnished water constantly use water for such sprinkling while other residents do not receive any water as a result of the inadequate pressure. "B. The Council hereby determines, after careful investigation and study and after obtaining competent disinterested advice, and in the interest of health, safety and welfare of the inhabitants of the Township, that it is necessary to promptly take all reasonable precautions and measures to conserve water and to prevent the inequities hereinbefore mentioned, as hereinafter provided."
A. 
This article shall become effective at such time as the Mayor, with the advice and consent of 2/3 of the Council, formally proclaims that, in the judgment of the Mayor and Council, an emergency exists requiring the taking of such measures for the conservation of water for domestic and sanitary purposes and fire protection as are hereinafter specified in § 205-54.
B. 
When a water supply emergency, pursuant to the Water Supply Management Act, N.J.S.A. 58:1A-1 et seq., is declared by the New Jersey Department of Environmental Protection, Division of Water and Sewers Resources, emergency provisions established by the State shall be in effect. The restrictions, regulations, surcharges and penalties contained therein shall remain in effect until the end of the emergency as declared by NJDEP.
Upon the making of such proclamation of emergency, the Mayor shall proclaim whether the emergency is of the type or character requiring the restricted use of water hereinafter set forth under Subsection A or B:
A. 
Water use for certain acts restricted.
(1) 
Shall prohibit, until such proclamation shall be terminated, use of water from the Wayne Township water system for sprinkling lawns, shrubbery and gardens and for other related uses on certain days of the week and during certain hours of the day as specified in a resolution adopted by the Council based upon recommendations made by the Director of Public Works, who shall be responsible for investigating all complaints regarding inadequate water supply. Said Director or the Division of Water and Sewers under his/her supervision, from time to time, shall submit recommendations to the Business Administrator for consideration by the Mayor and Council in determining the need to adopt a resolution for a proclamation of this type.
B. 
Water use for certain acts prohibited.
(1) 
Shall prohibit the use of water from the Wayne Township water system for the sprinkling of lawns, shrubbery and gardens until such proclamation shall be terminated. Said proclamation shall be based upon recommendations made by the Director of Public Works, who shall be responsible for investigating all complaints regarding inadequate water supply, and based upon results of the investigation made by him or by the Division of Water and Sewers under his/her supervision. Said Director or employees under his/her supervision shall, from time to time, submit recommendations to the Business Administrator for consideration by the Mayor and Council in determining the need for a proclamation of this type.
Immediately following the issuing of any of the emergency proclamations hereinbefore provided, notice thereof specifying its type and character shall be given by the Township Clerk by mailing written notice thereof to the users of the Wayne Township water system within 48 hours after the issuing of said proclamation, or by causing said proclamation of emergency to be published forthwith in a newspaper published or circulated in the Township.
[Ord. No. 27-2017]
Unless another specific penalty is provided by law, any person who violates any provision of this chapter shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-15.