[HISTORY: Adopted by the Mayor and Council
of the Borough of Essex Fells 3-30-1965 by Ord. No. 357 (Ch. 13.08 of the 1992
Code). Amendments noted where applicable.]
At such time as the Mayor, with the advice and
consent of 2/3 of the Council, proclaims that in the judgment of the
Mayor and Council an emergency exists in the potable water resources
of the Essex Fells water system requiring the taking of such measures
for the conservation of water for domestic and sanitary uses and for
fire protection as are specified in this chapter, the provisions and
restrictions of this chapter shall become effective and shall remain
effective until such time as the Mayor, with the advice and consent
of 2/3 of the Council, declares that the emergency has terminated.
A.
Upon the making of such proclamation of emergency, the Mayor shall proclaim whether the emergency is of the type or character requiring the restricted use of water set forth in this chapter under either Subsection A, B or C of § 281-3, hereinafter respectively referred to as "Types A, B and C," whereupon the Borough Clerk shall forthwith give written notice of the proclamation, specifying its type to the Borough Clerks of the other municipalities served by the Essex Fells water system, with the request that under the terms of the respective water service contracts existing between said municipalities and this Borough and in the interests of the health and safety of all of the people served by the water system, restrictive measures, at least equal to those to be enforced in this Borough, be taken in the other municipalities served by the Essex Fells water system, to the end that all reasonable means of water conservation be taken for the protection of all of the people served by the system.
B.
If, after the issuance of a Type A proclamation, the Mayor or Acting Mayor, after consultation with the Chairman of the Water Committee or with a member of that Committee acting in the place of the Chairman, determines that the emergency condition which necessitated the making of such proclamation has become more serious and that it is necessary and urgent that greater restrictions be immediately imposed for conservation of water, particularly for fire protection, the Mayor or Acting Mayor may forthwith make a Type B proclamation to replace the prior Type A proclamation, and thereupon the Borough Clerk shall give immediate written notice to the Borough Clerks of the other municipalities served by the Essex Fells water system that such previously issued Type A proclamation has been replaced by a Type B proclamation and thereupon such replacement proclamation, imposing more stringent restrictions, shall immediately become as fully effective as if said Type B proclamation had been initially proclaimed upon the declaration of an emergency as provided for under § 281-1 of this chapter.
A.
The Type A proclamation provided for in § 281-2 shall permit the use of water from the Essex Fells water system for domestic and sanitary purposes and fire protection and in addition such restricted use thereof for lawn, shrubbery and garden sprinkling as may be stipulated by a resolution of the Mayor and Council authorizing the making of the proclamation. The resolution may provide for such restrictions upon the type of equipment and the method or manner of use thereof for lawn, shrubbery and garden sprinkling as the Mayor and Council may deem to be proper under the circumstances, and the resolution may also fix a specific day or specific days and specific hours of any such days for each municipality served by the Essex Fells water system on which such use of water may be made for sprinkling of lawns, shrubbery and gardens.
B.
The Type B proclamation authorized by § 281-2 shall permit the use of water from the Essex Fells water system only for domestic and sanitary uses and fire protection and shall prohibit all outside uses of water from the Essex Fells system save that needed for firefighting.
C.
The Type C proclamation authorized by § 281-2 shall require the Mayor and Council to forthwith promulgate and put into effect such rationing of water for household and sanitary uses as they are advised by the local Board of Health are necessary, and all other water uses, save firefighting, shall thereupon be prohibited to the end that the then available water supply shall be equitably apportioned throughout the area served.
From and after any such proclamation of emergency,
regardless of type, all of the municipalities served by the Essex
Fells water system shall be requested to refrain from street and gutter
flushing, hydrant flushing, fire hose testing, and other similar practices,
save as said practices are deemed necessary in the interests of the
public health or safety, until the emergency is declared to no longer
exist.
During the continuance of any such emergency,
regardless of the type of proclamation thereof, all occupants of buildings
within this Borough shall eliminate all known water leaks in their
building plumbing systems and shall use all reasonable means to maintain
the same free from leaks. If, following tests and inspections by Borough
employees, leaks in plumbing systems are reported to building occupants,
the leaks shall be eliminated within 36 hours after the giving of
any such report.
The occupants of every building in the Borough
shall, during the continuance of an emergency, observe, conform to,
obey and respect such potable water restrictive or rationing regulations
and restrictions as may be promulgated by resolution of the Mayor
and Council, of which notice is given by publication, handbill or
other reasonable means.
If, during the existence of a duly proclaimed
emergency, an open and flagrant violation, on any premises in Essex
Fells, of the applicable restriction of the type provided for in the
proclamation of such emergency should continue or be repeated for
more than 24 hours after the owner of the premises or other person
responsible for the existence of such violation has been notified
to discontinue such violation or to cause such violation to cease,
the Essex Fells Water Department may shut off the water service to
said premises until such time as an inspection of the premises where
said violation occurred discloses that the means or devices by which
such violation was caused have been disconnected from the water system
on such premises so that such violation shall not reoccur on restoration
of water service to such premises.
Any person, firm or corporation violating any of the restrictions applicable to any emergency during the existence of such emergency, after proclamation thereof as provided in this chapter, shall, upon conviction thereof before the Judge of Municipal Court of the Borough, be punished as provided in Chapter 1, Article III, General Penalty.
In addition to any penalty imposed as provided in § 281-8 aforesaid by the Judge of the municipal court, upon any second or subsequent conviction of a violation under this chapter, the Essex Fells Water Department shall thereafter during the continuance of the emergency restrict the supply of water delivered to the premises at which such violation occurred to the daily minimum established by the Essex Fells Board of Health as sufficient to safeguard the health of the occupants of any building on the premises.
Immediately following the issuing of an emergency proclamation as provided for in § 281-3 of this chapter, written notice thereof shall be given to at least one of the adult occupants of each building in the Borough, in person or by mail, and in addition copies of the proclamation shall be posted in at least three public places in the Borough, and the proclamation shall also be published once within one week after its issuance in a newspaper having a general circulation in the Borough. Twenty-four hours after the issuing of the proclamation, the provisions of this chapter shall become effective and shall remain effective until the date when the Mayor, with the advice and consent of 2/3 of the Council, shall, by proclamation, declare the emergency terminated.
