[HISTORY: Adopted by the Township Council of the Township of Vernon 9-11-1995 by Ord. No. 95-15. Amendments noted where applicable.]
GENERAL REFERENCES
Right to farm — See Ch. 240.
Protracted periods of high temperatures and limited rainfall have in the past and may in the future result in an excessive demand being placed upon the underground aquifers which provide the source of domestic potable water for the citizens of Vernon Township and have in the past and may in the future lead to a lowering of the water tables of said aquifers so as to jeopardize well supplies and threaten the shortage and nonavailability of water to residents within the Township. During such conditions it is in the interest of the health, safety and welfare of the Township's inhabitants to take all reasonable precautions and measures to conserve water for sanitary, domestic and fire-fighting purposes and restrict nonessential uses of water.
In case of emergent conditions which threaten the availability and supply of water, the Mayor and Township Council may, by resolution, declare the existence of a water emergency. The resolution adopted by the Mayor and Township Council shall state that an emergency exists requiring the implementation of measures for the conservation of water for domestic and sanitary purposes and fire protection in accordance with § 566-3 below.
[Amended 4-27-2015 by Ord. No. 2015-08]
A. 
Upon the declaration of emergency, the Mayor shall devise and prescribe regulations requiring the full or partial curtailment of nonessential water usage and consumption. Such regulations may include an absolute prohibition of the use and withdrawal of water, or limitations upon the ability to withdraw and use water, for one or more of the following purposes:
(1) 
Sprinkling or watering of lawns, vegetation, shrubbery and plantings.
(2) 
Washing of automobiles, trucks, or any other type of mobile equipment.
(3) 
Washing of sidewalks, walkways, driveways, porches or other outdoor surfaces.
(4) 
The filling of swimming and wading pools.
(5) 
The washing of the outside of dwellings and the outside of office buildings.
(6) 
The washing and cleaning of any business or industrial equipment and machinery, unless such washing and cleaning are needed to satisfy health and sanitary codes and regulations.
(7) 
Any other use of water for any purpose not necessary to health and safety of the public.
B. 
Commercial farming and agricultural operations shall be exempt from the regulations.
[Amended 4-27-15 by Ord. No. 2015-08]
Upon the declaration of emergency pursuant to this chapter, the Mayor shall be empowered to devise and prescribe regulations prohibiting one or more of the following:
A. 
Open fires.
B. 
Burning of trash or other materials in open trash barrels.
C. 
The burning of grass and leaves.
D. 
The burning of charcoal other than in an Underwriters Laboratories (UL) approved barbecue grill or device.
The proclamation of an emergency shall be conclusive as to the fact of the existence of an emergency and shall be binding upon all persons upon its filing in the office of the Township Clerk and publication in accordance with § 566-6 of this chapter. Any regulations included in the proclamation and any regulations subsequently promulgated shall have the same force as specifically set forth in this chapter. Every owner, tenant, occupant and resident within the Township shall, upon a proclamation of regulations, become bound by them and shall conform to them in the use of water and restrictions on burning.
Immediately following the passage of any emergency declaration, a copy of the declaration shall be published in all newspapers having a daily Monday through Friday or Sunday circulation within the Township and such other publications as may be determined by the Mayor and Township Council. Said declaration shall also be posted in the Township Municipal Building. Regulations promulgated to implement the emergency declaration shall be published and posted in the same manner.
The declaration of emergency shall continue in full force and effect, except as amended, until terminated by resolution of termination adopted by the Mayor and Township Council.
It shall be a violation of this chapter for any person to use water at any time during the water emergency in a manner prohibited by the declaration of emergency, and the regulations promulgated pursuant thereto, issued in accordance with this chapter. Any police office, together with the Health Officer, Zoning Official, Construction Official and Fire Inspectors of the Township of Vernon, shall, in connection with all duties imposed by law, diligently enforce the provisions of this chapter.
A. 
Any person found guilty of violating any prohibition or limitation of the use of water and restrictions on burning promulgated pursuant to a declaration of emergency issued in accordance with this chapter shall be subject to a maximum fine of:
(1) 
One hundred dollars for the first offense;
(2) 
Three hundred dollars for the second offense;
(3) 
Five hundred dollars for the third and any subsequent offense.
B. 
After the second offense for any violation of this chapter, community service will be required in addition to the fines set forth above.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
No person shall be fined for any violation of any declaration or implementing regulations issued pursuant to this chapter if such a violation occurs less than 48 hours after adoption of the declaration or issuance of the regulations.
D. 
It shall be a complete defense to any charge of violating this chapter if it can be shown that the defendant could not have reasonably known the violation was occurring because it was due to a latent defect in plumbing or other water conduits.