[HISTORY: Adopted by the Township Council of the Township of Springfield
12-14-1994 as § 14-3 of the 1994 Code. Amendments noted where applicable.]
To respond to water emergencies occurring in the future requires the
adoption of procedures for the implementation and enforcement of water use
regulations in the Township in order to protect the residents, businesses
and property and to preserve the public health, safety and welfare.
Whenever the Township Council 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 Council at any regular, special, adjourned or emergency public meeting of the Council. 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 § 209-3 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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed, as set forth in § 209-4. For the purpose of this subsection, a water emergency shall exist if:
A.
The public utility providing water service to all or
a portion of the Township has adopted water use restrictions, has notified
the Township, 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 the jurisdiction and power to do so, or
B.
The Township Council is otherwise satisfied that a water
emergency exists in the Township.
Upon adoption by the Township Council of a resolution declaring that
a water emergency exists in the Township, 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,
during the water emergency:
A.
Complete ban. 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; or
B.
Alternate days. Outside water usage on alternate days
allowing outside water usage by persons or businesses having even house or
box numbers on even days and those having odd house or box numbers on odd
days with outside water usage being completely banned or prohibited on the
31st day of any month during the water emergency; or
C.
Other restrictions. Any other water use restriction specified by the Township Council in the resolution required by § 209-2 which is reasonable under the circumstances, considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this subsection shall be limited in application to that portion of the Township identified as being affected by the water emergency in the resolution of the Township Council.
The resolution of the Township Council shall, in addition to complying with § 209-2, 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 restriction shall lapse and be inapplicable and unenforceable. If the Township Council 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 Council shall be satisfied that the water emergency continues to exist, it may adopt a resolution continuing the water use restrictions.
The water use restrictions imposed pursuant to this chapter shall be enforced during a water emergency by the local authorized official. Whenever a local authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning and explain the penalties for a second and third offense, as provided by § 209-6. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this chapter.
After a first offense, any person or business who thereafter violates
the water use restrictions 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.
