Whenever the governing body shall be satisfied and finds that a water
emergency exists in the borough, it may adopt a resolution declaring that
a water emergency exists in the borough. Such 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 borough affected by the water emergency, which may include the entire
borough, and shall specify which of the water use regulations contained in §
265-2
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to law and shall continue in effect for 90 days, unless extended or repealed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 §
265-3 of this chapter. For the purpose of this
section, a water emergency shall exist if for any of the following reasons:
A. The public utility providing water service to all or
a portion of the borough has adopted water use restrictions, has notified
the borough, 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.
Upon adoption by the governing body of a resolution declaring that a
water emergency exists in the borough in accordance with §
265-1
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 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.
C. Any other water use restriction specified by the governing
body in the resolution required by §
265-1 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 borough, which may
include the entire borough, identified as being affected by the water emergency
in the resolution of the governing body adopted in accordance with §
265-1
of this chapter.
The resolution of the governing body required by §
265-1 of
this chapter shall, in addition to complying with §
265-1, 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 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 §
265-5
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 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, in accordance with §
265-4 of this
chapter, 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.