[HISTORY: Adopted by the Borough Council of the Borough of Seaside
Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
Whenever the governing body shall be satisfied and finds that a water emergency exists in the borough's water service area, it may adopt a resolution declaring that a water emergency exists in the water service area. 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 water service area affected by the water emergency, which may include the entire water service area and shall specify which of the water use regulations contained in § 240-2 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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 240-3 of this chapter. For the purpose of this section, a water emergency shall exist for any of the following reasons:
A.
The public utility providing water service to all or
a portion of the water service area has adopted water use restrictions, 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 water service area.
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the water service area in accordance with § 240-1 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; or
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; or
C.
Any other water use restriction specified by the governing body in the resolution required by § 240-1 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 subsection shall be limited in application to that portion of the water service area, which may include the entire water service area, identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with § 240-1 of this chapter.
The resolution of the governing body required by § 240-1 of this chapter shall, in addition to complying with § 240-1, 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 Seaside Heights Police Department, the Seaside Heights Water Department and the Borough Code Enforcement Officer. 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 § 240-5 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.
A.
Any person violating or failing to comply with any other
provision of this article shall, upon conviction thereof, be punishable by
a fine of no less than $100 and no more than $1,000, by imprisonment not to
exceed 90 days or by community service of not more than 90 days or any combination
of fine, imprisonment and community service, as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished as
provided above for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
