[Adopted 10-11-1989 by Ord.
No. 39-1989]
Whenever the governing body shall be satisfied and finds that a water emergency exists in Egg Harbor Township, it may adopt, by resolution, a declaration that a water emergency exists in Egg Harbor Township. Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body. Such resolution shall identify that portion of Egg Harbor Township affected by the water emergency, which may include the entire municipality and shall specify which of the water use regulations contained in § 217-20 of this article is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 217-21 of this article. For the purpose of this section, a water emergency shall exist if, for any of the foregoing reasons:
A.
The public utility providing water service to all or
a portion of Egg Harbor Township has adopted water use restrictions, has notified
Egg Harbor Township, the New Jersey Board of Public Utilities and the New
Jersey Department of Environmental Protection, 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.
B.
The governing authority is otherwise satisfied that a
water emergency exists in the municipality.
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the municipality in accordance with § 217-19 of this article, all citizens shall be urged to observe voluntary indoor conservation measures, and any of the following water use restrictions may be imposed selectively or as a whole and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and except for exempt businesses, as specified herein during the water emergency:
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. The definition of "plants" shall not apply to agricultural uses unless
otherwise specified.
B.
Outside water usage on alternate days allowing outside
water usage by persons or businesses having even house or box numbers on even
days and those odd house or box numbers on odd days with outside water usage
being completely banned and prohibited on the 31st day of any month during
the water emergency.
C.
Any other water use restriction specified by the governing body in the resolution required by § 217-19 of this article which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this subsection shall be limited in application to that portion of the municipality affected and may be made to include the entire municipality, upon being formally identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with § 217-19 of this article.
The resolution of the governing body required by § 217-19 of this article shall, in addition to complying with § 217-19 of this article, provide a period of time during which the water restrictions imposed shall be applicable and which shall be no longer than reasonably necessary to abate the water emergency under the circumstances considering the nature and extent of the water emergency. At the expiration of the time period specified in the resolution, the water use restriction shall lapse and be inapplicable and unenforceable. If the governing body shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it may adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the governing body shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this article continuing the water use restrictions.
The water use restrictions imposed pursuant to this article shall be enforced during a water emergency by the local authorized official or officials designated in the resolution declaring the emergency. Whenever a local authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense as provided by § 217-23 of this article. The local authorized official or officials shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official or officials are hereby empowered and authorized to write summonses for the violation of the water use restrictions imposed pursuant to this article.
After a first offense in accordance with § 217-22 of this article, any person or business who thereafter violates the water use restrictions imposed pursuant to this article shall be fined or imprisoned in accordance with this section. For a second offense, the fine imposed shall be from $250 up to $500 or imprisonment for 10 days, or both. For a third and any subsequent offense, the fine imposed shall be from $500 up to $1,000 or imprisonment for 30 days, or both.
