[Adopted 7-27-88 as Ord. No. 0-21-88]
The Township Committee hereby makes the following legislative
findings:
A.
The inadequacy of the water supply existing in the Township causes
inadequate pressure in the water mains and lines during protracted
periods of high temperature and during times of excessive use of water
due to outside uses such as sprinkling the lawn and filling swimming
pools not related to domestic or sanitary purposes, fire protection
or reasonably necessary commercial and industrial uses.
B.
The Township is taking such steps as are necessary by way of improvements
to its water system to insure a potable supply of water with adequate
pressure to supply sufficient water to the consumers of said water.
C.
These improvements will not be completed and operational for some
time.
D.
Grave inequities have resulted through requests for voluntary compliance
with water use restriction whereby some residents continue to use
the water for outside purposes while other residents receive little
or no water as a result of inadequate pressure caused by said use.
E.
It shall become necessary, in the interest of the health, safety
and welfare of the residents of the Township, to promptly take all
reasonable precautions and measures to conserve the existing water
supply and to prevent waste and the use of water in accordance with
certain rules and regulations.
A.
The Mayor and Township Committee of the Township of Winslow shall have the authority to formally proclaim that an emergency exists with respect to the potable water resources of the Township water system, requiring the taking of such measures for the conservation of water for domestic and sanitary uses and for fire protection as hereinafter specified. In issuing said Proclamation of Emergency, the Mayor and Township Committee shall proclaim whether the emergency is of the type or character requiring the restricted use of water hereinafter set forth under § 284-48, Subsection A, B and C. Prior to said declaration of emergency, the Mayor and Township Committee shall consult with the Township Engineer to determine whether the supply of water has lessened to such degree as to cause inadequate water pressure or whether the conditions, in the interest of the health, safety and welfare of the Township residents, warrant the taking of prompt and reasonable precautions and measures to conserve the existing water supply to prevent the waste and use of water.
B.
The emergency shall become effective immediately upon the issuance
of the Proclamation, which may be in writing, and shall remain effective
until such time as the Mayor and Township Committee terminate the
declaration of emergency and rescind the Proclamation or the Mayor
and Township Committee declare such emergency to have terminated.
A.
The type (a) proclamation, in addition to permitting the use of water
for domestic and sanitary purposes and fire protection, shall permit
outside uses of water, but only on the days and hours as specified
by the Mayor and Township Committee in the proclamation. Business
and industries may use water for such uses as is reasonably necessary
for the conduct of said business and industry.
B.
The type (b) proclamation shall permit the use of water from the
Water System only for domestic and sanitary uses and fire protection
and shall prohibit all outside uses of the water from the system,
save that needed for fire fighting. Business and industries may use
the water for such uses as is reasonably necessary for the conduct
of said business or industries, but only on the days and hours as
specified by the Mayor and Township Committee.
C.
The type (c) proclamation shall require the Mayor and Township Committee
to ration the use of water for domestic and sanitary uses and business
and industrial uses as is advised by the Township Engineer. All other
water uses, with the exception of firefighting, shall thereupon be
prohibited for the purposes of equitably distributing the then available
water supply throughout the area served.
Immediately following the issuance of any of the emergency proclamations
hereinbefore provided, notice thereof shall be published forthwith
in a newspaper published or circulated in the Township. The Mayor
and Township Committee, shall in their discretion, utilize other means
of notice.
All places and premises consuming water within the Township
of Winslow shall be subject to the inspection of the Mayor and Township
Committee or their designated representative if the Mayor and Township
Committee has reason to believe that any section of this article has
been violated. It shall be unlawful for any person to hinder, obstruct,
delay, resist or prevent the Mayor and Township Committee or their
representative from having full access into any place or premises
upon which a violation of this article is believed to exist.
Any continuing violation by any property owner or his representative
of any provision of any of the types of the proclamations issued by
the Mayor and Township committee is hereby declared to be a nuisance.
A continuing violation is defined to mean a violation which continues
one-half (1/2) hour after the Mayor and Township Committee or their
representative notifies the property owner or his representative of
the existence of the type of the emergency, and that the property
owner is in violation of the regulations of that emergency and that
the property owner has one-half hour to correct said violation. The
Mayor and Township Committee, upon the expiration of the one-half
(1/2) period and the failure of the property owner or his representative
to correct the violation, is hereby authorized to abate said nuisance
in the manner provided by law. The remedies set forth in this section
shall be in addition to those remedies set forth in the following
section.
A.
Generally. Any person or persons, firm or corporation violating any of the provisions of Subsections A or B § 284-48 or any of the rationing provisions, rules and regulations promulgated under Subsection C of said section, upon conviction in Municipal Court, shall be subject to the following fines and penalties:
B.
Reduction of water. In addition to those penalties set forth in Subsection A of this section, upon conviction by a Municipal Court, a person or persons are subject, at the discretion of the Court, to an immediate reduction, during the continuance of the emergency, of the potable water service to the premises on which said violation occurred. This reduction shall be to the daily minimum necessary to safeguard the health and safety of the occupants of the premises where said violation occurred.
C.
Separate violations. Property owners or their representatives shall have a one-half (1/2) hour grace period, during which no violations shall be deemed to occur, after the notice of the issuance of the type proclamation has been given in the area in which the property is located, to comply with the provisions of the particular proclamation. If after the expiration of the one-half (1/2) hour grace period the property owner fails to comply with the provisions of the particular proclamation, a summons or complaint may be issued. In considering violations of Subsections A, B and C of Section 284-48, violations continuing for successive one-half (1/2) hour periods after the grace period shall be taken to be separate violations and subject to separate penalties, hereinabove specified.
[Added 7-15-08 by Ord. No. 0-25-08]
The Township of Winslow hereby initiates and adopts the following
water conservation program:
A.
Restrictions on the outside use of water:
(1)
Limiting the water use to alternate days by persons, firms, establishments
or businesses with even number addresses on even numbered days and
those having odd number addresses on odd number days with outside
water use being completely banned and prohibited on the 31st day of
any month.
(2)
Outside water use includes, but is not limited to, watering lawns
and landscaping, washing cars and other uses such as washing porches
and sidewalks.
(3)
Additionally, outdoor lawn and landscape watering on permitted days
is restricted to the hours of 5:00 a.m. to 7:00 a.m. and 7:00 p.m.
to 9:00 p.m.
(4)
Exempt from the conservation measures are commercial car washes,
power wash businesses, and contractors who must use water as part
of their daily work.
(5)
The penalty set forth in Section 52 of Chapter 284 shall be the manner to enforce these water restrictions, except that for the initial violation only a warning shall be issued. Thereafter, penalties shall be assessed beginning with a first offense. The Township Code Enforcement Officer, employees of the Township Utilities Department and members of the Township Police Department are designated to enforce the provision of this water conservation program.
B.
Water saving plumbing fixtures:
