Whenever the governing body shall be satisfied and finds that a water emergency exists in the municipality, it may adopt a resolution declaring that a water emergency exists in the municipality. Such a resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body. Such resolution shall identify that portion of the municipality affected by the water emergency, which may include the entire municipality, and shall specify which of the water use regulations contained in § 144-2 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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 144-6 of this chapter. For the purpose of this section, a water emergency shall exist if:
A.
The public utility providing water service to all
or a portion of the municipality has adopted water use restrictions
and has notified the municipality, 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 governing authority is otherwise satisfied that
a water emergency exists in the Borough.
A.
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the Borough in accordance with § 144-1 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:
(1)
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.
(2)
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 and prohibited on
the 31st day of any month during the water emergency.
B.
Any water restriction imposed pursuant to this section shall be limited in application to that portion of the municipality, which may include the entire municipality, identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with § 144-1 of this chapter.
C.
Time restrictions. The sprinkling or watering of a lawn or other
plantings planted on a lot, with an exception for new sod plantings,
is limited to only one one-hour period for manual sprinkling and to
only one fifteen-minute period per zone for automatic sprinkling systems
during a stated twenty-four-hour period from May 15 through September
15 and as is hereinafter set forth:
[Added 12-7-2016 by Ord.
No. 2016-18]
(1)
Watering will be permitted on Monday, Wednesday and Friday for homes
with an odd-number street address.
(2)
Watering will be permitted on Tuesday, Thursday and Saturday for
homes with an even-number street address.
(3)
No watering will be permitted on Sunday in any district during the
period of regulation.
(4)
Any such sprinkling or watering must be confined to the period between
4:00 a.m. and 7:00 a.m. or 7:00 p.m. and 9:00 p.m.
(5)
The waiver of these limitations for new sod plantings shall be for
a period of not more than two weeks.
D.
Suspension of watering rights during emergencies. Nothing in this
article shall be construed as preventing, in an emergency situation,
a total suspension of the right of any person to the use of said water
supply for any of the aforesaid purposes.
[Added 12-7-2016 by Ord.
No. 2016-18]
E.
Construction of terms; responsibility for violations. The term "person"
in this article shall be construed to mean owner, landlord, tenant,
employees and/or agent, and said "persons" shall be held equally responsible
for violation of any of the provisions of this article.
[Added 12-7-2016 by Ord.
No. 2016-18]
The resolution of the governing body required by § 144-1 of this chapter shall, in addition to complying with § 144-1, 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 restriction shall lapse and be inapplicable and unenforceable. If the governing body 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 governing body 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 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 in § 144-5 of this chapter. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining the persons and businesses that 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.
[Amended 12-7-2016 by Ord. No. 2016-18]
Any person who violates the provisions of this article shall
be subject to a fine of not more than $1,000 or imprisonment for not
more than 90 days, or both such fine and imprisonment.
