[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield 6-1-1995 by Ord. No. 436 (Ch. 95 of the 1977 Township
Code). Amendments noted where applicable.]
Whenever the Township Committee shall be satisfied and finds that a water emergency exists in the Township, it may adopt a resolution declaring that a water emergency exists in the Township. Such resolution shall be adopted by the Township Committee at any regular, special, adjourned or emergency public meeting of the Township Committee. Such resolution shall identify that portion of the Township affected by the water emergency, which may include the entire Township, and shall specify which of the water use regulations contained in § 389-2 of this chapter 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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 389-3 of this chapter. For the purpose of this section, a water emergency shall exist if, for any of the following reasons:
A.
The Upper Deerfield Water and Sewer Utility or the Seabrook Water
Company, which provides water service to a portion of the Township,
has adopted water use restrictions and has notified the Township Committee,
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 jurisdiction and power to do so; or
B.
The Township Committee is otherwise satisfied that a water emergency
exists in the Township of Upper Deerfield.
Upon adoption by the Township Committee of a resolution declaring that a water emergency exists in the Township in accordance with § 389-1 of this chapter, all citizens shall be urged to observe voluntary indoor conservation measures, and any of the following water use restrictions shall be imposed and shall be applicable to all residents and tenants, except where a bona fide health emergency exists and to 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;
B.
Outside water usage on alternate days, allowing outside water usage
by persons or businesses having even house or street numbers on even
days and those having odd house or street numbers on odd days, with
outside water usage being completely banned and prohibited on the
31st day of any month during the water emergency; or
C.
Any other water use restriction specified by the Township Committee in the resolution required by § 389-1 of this chapter which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this section shall be limited in application to that portion of the Township, which may include the entire Township, identified as being affected by the water emergency in the resolution of the Township Committee adopted in accordance with § 389-1 of this chapter.
The resolution of the Township Committee required in § 389-1 of this chapter shall, in addition to complying with § 389-1, provide a period of time during which the water use 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 restrictions shall lapse and be inapplicable and unenforceable. If the Township Committee shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in the resolution, it shall 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 Township Committee shall be satisfied that the water 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 during a water emergency by the Upper Deerfield Township Construction Code Officials, Zoning Officer, Housing Officer, the Upper Deerfield Township Water and Sewer Utility Superintendent or other duly appointed officers of the Township of Upper Deerfield. Whenever an officer empowered herein to enforce water use restrictions shall find a violation of the water use restrictions, such officer shall give the violator a warning and explain the penalties for a second and third offense as provided by § 389-6 of this chapter. The Township Water and Sewer Utility and any private water company shall keep records as may be reasonable and necessary for the purpose of determining the persons and businesses who or which have been warned upon a first offense. All officers named in this section or other duly appointed officers as provided herein are hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this chapter.
The provisions of this chapter shall not be applicable to agricultural
use in the Township of Upper Deerfield or to any property not being
served by a public or semipublic water service.
After a first offense in accordance with § 389-4 of this chapter, any person or business who or which thereafter violates the water use restriction imposed pursuant to this chapter shall be fined or imprisoned in accordance with this section. For a second offense, the fine imposed shall be $500 or imprisonment for 10 days, or both. For a third and subsequent offense, the fine imposed shall be $1,000 or imprisonment for 30 days, or both.
