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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in §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.
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.