[Adopted 7-12-1965 by Ord. No. 6-23-65;
amended in its entirety 7-8-1992 by Ord. No. 6-10-92]
Whenever the governing body shall be satisfied that a water emergency exists in the Borough of Haledon, it may adopt a resolution declaring that a water emergency exists in the Borough of Haledon. 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 of Haledon affected by the water emergency, which may include the entire municipality, and shall specify which of the water use regulations contained in § 397-9 of this article is being imposed, as well as any exemptions as may be authorized. This 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be effective immediately upon publication according to law and shall continue in effect for 90 days unless extended or repealed as set forth in § 397-10 of this article. 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 municipality has adopted water use restrictions and has notified
the municipality, the New Jersey Board of Regulatory Commissioners and the
New Jersey Department of Environmental Protection and Energy, 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 body of the Borough of Haledon is satisfied
that a water emergency exists in the municipality or the municipalities served
by the Haledon Water Company.
A.
In prescribing appropriate regulations, the governing
body shall be empowered to urge all citizens to observe voluntary indoor conservation
measures and provide that any of the following water use restrictions shall
be imposed and be applicable to all residents and tenants, including those
with private wells, except where a bona fide health emergency exists, and
to exempt businesses as specified during the water emergency:
(1)
A complete ban and prohibition of 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-numbered
days and those having odd house or box numbers on odd-numbered days, with
outside water use being completely banned and prohibited on the 31st day of
any month during the water emergency; or
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 a resolution of the governing body adopted in accordance with § 397-8 of this article.
The resolution of the governing body of the Borough of Haledon required by § 397-8 of this article shall, in addition to complying with § 397-8, provide a period of time during which the water 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 restrictions shall lapse and be inapplicable and unenforceable. If the governing body of the Borough of Haledon 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 water use restrictions inapplicable. If, at the expiration of the time period specified in the resolution, the governing body of the Borough of Haledon shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this article continuing the water use restrictions.
The water use restrictions imposed pursuant to this article shall be enforced during a water emergency by the Superintendent of Public Works and such other persons as may be designated by him. If the Superintendent of Public Works or such other person as may be designated by the Superintendent shall find a violation of the water use restrictions, the Superintendent of Public Works shall give the violator a written warning and explain the penalties for a second and third offense as provided by § 397-12 of this article. The Superintendent of Public Works shall keep such records as may be reasonable and necessary for the purposes of determining the persons and businesses who have been warned upon a first offense. The Superintendent of Public Works is hereby empowered to write summonses for the violation of the water restrictions imposed pursuant to this article.
After a first offense, in accordance with § 397-11 of this article, any person or business who or which thereafter violates the water use restrictions imposed pursuant to this article shall be fined or imprisoned in accordance with this section. For a second offense, the fine imposed shall be a minimum of $100 up to a maximum of $500 or imprisonment for 10 days, or both. For a third and subsequent offenses, the fine imposed shall be $1,000 or imprisonment for 30 days, or both.
