[Adopted 6-23-1998 by Ord. No. 18-1A (Ch. 32, Art. III, Div.
3, of the 2007 Code of Ordinances)]
A water supply emergency shall be deemed to exist whenever the Township Supervisor finds on the basis of drought conditions, depletion of water supply, reduction in water pressure or other reasons, that there is a threat of loss of water supply to the community or any portion of the community, and the Township Supervisor causes a declaration of such water supply emergency to be publicly posted and announced, published or mailed in the manner set forth in § 415-24. A water supply emergency may be declared when the Supervisor receives notification from the office of the County Water Resources Commissioner or the State Department of Environmental Quality that the supply or pressure demand for water cannot be satisfactorily accommodated and general welfare is likely to be endangered in the community or in any portion of the community.
A declaration of water supply emergency shall designate the
particular areas of the Township affected by the water supply emergency,
and as to such areas, may, among other related actions or prohibitions:
A.
Prohibit the watering of lawns and landscaping and all outdoor water
use, except on an alternate-day basis permitting such use on even-numbered
days solely for properties with even-numbered addresses and on odd-numbered
days solely for properties with odd-numbered addresses; or
The Township Supervisor shall cause a declaration of water supply
emergency to be posted at the Township Hall. Additionally, the Township
Supervisor shall, to the extent feasible, cause such declaration to
be publicly announced by broadcast from a radio or television station
with a normal operating range covering the Township, published in
a newspaper of general circulation throughout the Township or mailed
by certified mail, return receipt requested, to all property owners
within the area identified in the declaration as being affected by
the water supply emergency at the address listed on the Township tax
rolls for such properties.
The Township Supervisor shall make or cause to be made a record
of each time and date when any declaration of water supply emergency
is announced to the public in accordance with this article.
A water supply emergency shall be deemed to exist irrespective of whether notification is provided under § 415-24, as to persons otherwise provided with direct notice of such a water supply emergency.
It shall be unlawful for any person to utilize water from the
Township water supply system for any type of outdoor use, in contravention
of a declared water supply emergency, other than responding to a fire
emergency. The prohibition shall remain in effect 24 hours per day,
seven days per week until the water supply emergency is declared ended
by the Township Supervisor. The Township Supervisor may, if requested
in advance, provide exceptions to the restrictions of this section
in cases of new lawn or landscaping installations, or where necessary
to prevent imminent financial loss to the water user.
Any person who shall violate any provision of this article shall be responsible for a municipal civil infraction, and upon a determination of responsibility shall be subject to a civil fine as set forth in Chapter 1, Article I, Definitions, General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this article.
In addition to, but separate from, the penalties provided for in § 415-28, any violation of this section is presumed and hereby declared to be a nuisance per se, and the Township may commence an appropriate civil action in any court of competent jurisdiction for an injunctive order abating or enjoining the violation, and for any other appropriate relief.
