[Adopted 8-14-2001 (Ch. 130, Art. III, of the 1978 Code)]
It is hereby declared that the public health,
safety and welfare requires that the Township of Mantua maximize the
beneficial use of its available natural resources and that the waste
or unreasonable use or unreasonable method of use of water be prevented.
The conservation of such potable water resource is to be extended
with a view to the reasonable and beneficial use thereof as is necessary
for sanitary, domestic and fire-fighting purposes in the interests
of the people of the Township of Mantua.
A.
The Township Committee, by and through the Mantua
Township Municipal Utilities Authority, may declare a state of water
supply conservation, upon a determination by a majority vote of the
MTMUA, that conservation measures are appropriate to ensure an adequate
supply of water to all water customers of the Mantua Township Municipal
Utilities Authority.
B.
In case of an emergency where the available supply
of water becomes dangerously low, the Mantua Township Municipal Utilities
Authority is hereby authorized to declare, by resolution, the existence
of a water emergency.
C.
The resolution (hereinafter referred to as the "declaration") adopted by the Mantua Township Municipal Utilities 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 § 325-14.
A.
It is unlawful for any customer of the Mantua Township
Municipal Utilities Authority to make, cause, use or permit the use
of water from the MUA for residential, commercial, industrial, agricultural,
governmental or any other purpose in a manner contrary to any provision
herein, or in an amount in excess of that use permitted by the following
conservation stages which are in effect pursuant to action taken by
the MTMUA, or its designee, in accordance with these provisions. It
is unlawful for any person to wastewater or to use it unreasonably.
B.
Unreasonable uses of water shall include, but are
not limited to, the following practices:
C.
The following stages shall take effect upon declaration
as herein provided:
(1)
Stage 1: Water alert (mandatory compliance). Upon
implementation by the MTMUA and publication of notice, the following
water conservation measures shall apply, except when reclaimed water
is used:
(a)
Lawn watering and landscape irrigation.
[1]
Lawn watering and landscape irrigation, including
construction irrigation, is permitted only during designated hours
on designated days. Watering is permitted at any time if:
[2]
Commercial nurseries, commercial sod farms and
similarly situated establishments are exempt from Stage 1 irrigation
restrictions but will be required to curtail all nonessential water
use.
(b)
The washing of automobiles, trucks, trailers,
boats, airplanes and other types of mobile equipment is permitted
at any time with a hand-held bucket or a hand-held hose equipped with
a positive shutoff nozzle for quick rinses. Washing may be done at
any time on the immediate premises of a commercial car wash or commercial
service station, or by a mobile car wash or on-site car wash using
high-pressure washing equipment. Further, such washings are exempted
from these regulations where the health, safety and welfare of the
public is contingent upon frequent vehicle cleanings, such as garbage
trucks and vehicles to transport food and perishables.
(c)
Irrigation of golf courses, parks, school grounds
and recreation fields is permitted only during designated hours on
designated days.
(d)
The overfilling of swimming pools and spas is
prohibited. The filling or refilling of ponds and artificial lakes
is prohibited.
(e)
Use of water from fire hydrants shall be limited
to fire fighting, related activities or other activities necessary
to maintain the health, safety and welfare of the citizens of Mantua.
(f)
All restaurants are prohibited from serving
water to their customers except when specifically requested by the
customers.
(g)
Water shall not be used to wash down sidewalks,
driveways, parking areas, tennis courts, patios or other paved areas,
except to alleviate immediate fire or sanitation hazards. High-pressure
washing of such surfaces will be permitted.
(h)
Ornamental fountains and garden ponds may operate
if they recirculate water. Ornamental fountains and garden ponds that
do not recycle water are prohibited.
(i)
Construction operations receiving water from a construction meter or water truck shall not use water unnecessarily for any purposes other than those required by regulatory agencies. Construction projects requiring watering for new landscaping materials should adhere to the designated irrigation hours associated with Subsection C(1)(a) of Stage 1.
(2)
Stage 2: Water Warning (mandatory compliance). Stage
2 applies during periods when the MTMUA will not be able to meet all
of the water demands of its customers. Upon implementation by the
MTMUA, and publication of notice, the following water conservation
measures shall apply except when reclaimed water is used:
(a)
Lawn watering and landscape irrigation, including
with a hand-held hose equipped with a positive shutoff nozzle, is
permitted only during designated hours on designated days. Watering
is permitted at any hour, on any day, if a hand-held container or
drip irrigation system is used.
(b)
Commercial nurseries shall reduce water use
by an amount to be determined by the MTMUA.
(c)
The washing of automobiles, trucks, trailers,
boats, airplanes and other types of mobile equipment is permitted
only during designated hours on designated days with a hand-held bucket
or a hand-held hose equipped with a positive shut-off nozzle for quick
rinses. Washing is permitted at any time on the immediate premises
of a commercial car wash. The use of water by all types of commercial
car washes not using partially reclaimed or recycled water shall be
reduced in volume by an amount determined by the MTMUA. Further, such
washings are exempt from these regulations where the health, safety
and welfare of the public is contingent upon frequent vehicle cleanings,
such as garbage trucks and vehicles to transport food and perishables.
(d)
The overfilling of swimming pools and spas is
prohibited. The filling or refilling of ponds and artificial lakes
is prohibited.
(e)
Watering golf courses, parks, school grounds
and recreation fields is permitted only during designated hours on
designated days, except golf course greens.
(f)
Use of water from fire hydrants shall be limited
to fire fighting or other activities immediately necessary to maintaining
the health, safety and welfare of the citizens of Mantua.
(g)
All restaurants are prohibited from serving
water to their customers except when specifically requested by the
customers.
(h)
Water shall not be used to wash down sidewalks,
driveways, parking areas, tennis courts, patios or other paved areas,
except to alleviate immediate fire or sanitation hazards.
(i)
The operation of any ornamental fountain or
similar structure is prohibited except for short periods of time to
prevent damage.
(3)
Stage 3: Water Emergency (mandatory compliance). Stage
3 applies when a major failure of any supply or distribution facility,
whether temporary or permanent, occurs in the water distribution system
of the MTMUA water facilities. Upon implementation by the MTMUA and
publication of notice, the following measures shall apply except when
reclaimed water is used:
(a)
All outdoor irrigation of turf and ground covers
is prohibited with the exception of plant materials classified to
be rare, exceptionally valuable or essential to the well-being of
the public at large or rare animals. Irrigation of trees and shrubs
is permitted only by hand-held hose equipped with a positive shut-off
nozzle, hand-held container, or drip irrigation system. Greywater
may be used in accordance with appropriate regulatory agency guidelines
and regulations to irrigate fruit trees, ground covers and ornamental
trees and shrubs. "Greywater" is defined as household wastewater other
than toilet waste.
(b)
The use of water at commercial nurseries, commercial
sod farmers and similarly situated establishments shall be reduced
in volume by an amount determined by the MTMUA. Greywater may be used
in accordance with the appropriate regulatory agencies to irrigate
fruit trees, ground covers and ornamental trees and shrubs.
(c)
The washing of automobiles, trucks, trailers,
boats, airplanes and other types of mobile equipment is prohibited.
The use of water by all types of commercial car washes or commercial
vehicle service stations and not in the immediate interest of the
public health, safety and welfare shall be reduced in volume by an
amount determined by the MTMUA. Further, such washings are exempt
from these regulations where the health, safety and welfare of the
public is contingent upon frequent vehicle cleanings such as garbage
trucks and vehicles used to transport food and perishables.
(d)
The filling, refilling or adding of water to
swimming pools, spas, ponds and artificial lakes is prohibited.
(e)
The watering of all golf course areas, except
greens, is prohibited.
(f)
Use of water from fire hydrants shall be limited
to fire fighting or other activities immediately necessary to maintain
the health, safety and welfare of the citizens of Mantua.
(g)
All restaurants are prohibited from serving
water to their customers except when specifically requested by the
customers.
(h)
Water shall not be used to wash down sidewalks,
driveways, parking areas, tennis courts, patios or other paved areas,
except to alleviate immediate fire or sanitation hazards.
(i)
The operation of any ornamental fountain or
similar structure is prohibited except for short periods of time to
prevent damage.
(j)
The use of water for commercial, manufacturing
or processing purposes shall be reduced in volume by an amount determined
by the MTMUA.
(k)
All sales of nonreclaimed water outside of the
Township limits shall be discontinued, with the exception of sales
previously approved by the MTMUA.
(l)
No new construction meters will be issued. Construction
water shall not be used for earth work or road construction purposes.
Construction projects necessary to maintaining the health, safety
and welfare of the public are exempt from these regulations.
(m)
Except as to property for which a building permit
has been heretofore issued, no new building permit(s) shall be provided,
except in the following circumstances:
D.
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 of
the water supply conservation declarations hereinbefore described,
a copy of the declaration shall be published in official Township
newspapers circulated in the Township and posted throughout the Township
in the municipal building, police headquarters, construction office
and the office of the Mantua Township Municipal Utilities Authority.
The declaration of a state of water supply conservation
shall be conclusive of the fact of the existence of such stage of
water supply conservation 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 newspapers.
The declaration shall continue in full force
and effect, except as amended, until terminated by a resolution of
termination adopted by the Mantua Township Municipal Utilities Authority.
During each stage of water supply conservation
all premises receiving water from the Mantua Township Municipal Utilities
Authority system shall be subject to inspection between sunrise and
sunset by the Utility Authority's employees or any other person duly
authorized and appointed by the Township or Authority to perform inspections
to oversee compliance during each stage of water supply conservation.
It shall be a violation of this article for any person to hinder,
obstruct, delay, resist or prevent any such inspection as is described
herein.
It shall be a violation of this article for
any person to use water from the Mantua Township Municipal Utilities
Authority water system at any time in a manner prohibited by any declaration
issued pursuant to this article.
In the event that there is on any premises a
continuing usage of water from the Mantua Township Municipal Utilities
Authority water system by any person in a manner prohibited by any
declaration issued pursuant to this article, such continuing usage
is hereby declared to be a violation of this section and the Authority
rules and regulations. 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. If, after the passage of one hour from the delivery
or posting of such notice, the violation has not been abated, any
employee of the Mantua Township Municipal Utilities Authority is hereby
authorized to enter upon the premises to abate the violation and discontinue
water service. Thereafter, the Township or Utilities Authority, as
the case may be, shall assess the costs of such abatement against
the owner, operator and/or occupant of the premises.
A.
Any person found guilty of violating § 325-19 shall be subject to a fine according to the following schedule:
B.
Any person found guilty of violating § 325-20 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.
A.
No person shall be fined for any violation of any
declaration issued pursuant to this article if such violation occurs
less then 48 hours after passage of the declaration.
B.
It shall be a complete defense to any charge of violating
this article 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.
