City of Woodbury, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Woodbury as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 73.
Sewers — See Ch. 156.
Subdivision and land development — See Ch. 170.
Swimming pools — See Ch. 174.
[Adopted 10-19-1976 by Ord. No. 1294-76 as Ch. 150, Art. I, of the 1976 Code]
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CONSUMER
The party contracting for service to a property as classified as follows:
A. 
A building under one roof owned by one party and occupied as one business or residence.
B. 
A combination of buildings owned by one party in common enclosure and occupied by one family or business.
C. 
The one side of a double house owned by one party and having a solid vertical partition wall.
D. 
A building owned by one party having more than one apartment and using in common one hall and one entrance.
E. 
A building owned by one party having a number of apartments, stores or offices and using in common one hall and one or more means of entrance.
DEPARTMENT
The Manager of the Public Works Department and such other employees as there are employed in the Department.
INDUSTRIAL WATER METER
Any water meter of a size equal to or greater than 1 1/4 inches.
[Added 11-10-1981 by Ord. No. 1400-81]
ONE PHYSICAL UNIT
A property not divisible for sale or ownership by more than one owner or group of owners.
SERVICE LINE
A line used to supply a single consumer only. No consumer shall be supplied by more than one service line unless agreed upon between the consumer and the Department.
Any person receiving a supply of water for any purpose from the Public Works Department of the City shall be subject to the rules and regulations set forth in this chapter.
Where two or more consumers are supplied through a single service line at present in existence, any violation of the rules of the Department with reference to either or any of such consumers, as the case may be, shall be deemed a violation as to all, and the Department may take such action as could be taken if it were used by a single consumer.
Hereafter a single service line shall not be permitted to serve more than one physical unit, but a physical unit may contain apartments, stores, offices or other facilities for more than one occupant or family.
The owner of any house, tenement, building or lot shall be liable for the payment of the price or rent as fixed in this chapter for the use of water and for the installation, purchase price, repair and testing of any water meter, water service, connections, appliance or parts, and renewals thereof, furnished or made by the Public Works Department in or upon such house, tenement, building or lot, and the interest and penalties charged. Such price or rent and other costs, expenses, interest and penalties as fixed herein shall be a lien upon such house, tenement, building or lot until the same shall be paid and satisfied.
Applications for connection to the water distribution system shall be made in writing to the Department on a form furnished by the Department and signed by the owner of the property for which the connection is being applied for or by his authorized agent. No lateral from the main to the curb stop shall be laid by any person other than the Public Works Department. The service connection charge as provided for in § 197-7 shall be paid at the time the application is made. The applicant must produce a certificate from the Board of Health of the City, certifying the fact that a sewer connection to the property applied for has been made or is expected to be made, or where sewer service is not available, that a cesspool or septic tank approved by the Board of Health has been or will be installed on the premises. The application shall designate the name of the plumber who shall install the connection to the service line applied for, the address of the premises applied for and the purpose of the connection.
[Amended 2-8-1977 by Ord. No. 1304-77; 3-5-1991 by Ord. No. 1640-91; 6-17-1997 by Ord. No. 1821-97]
A. 
Service connection; meter installation.
[Amended 7-24-2006 by Ord. No. 2032-06]
(1) 
There shall be a charge for a water connection fee of $750, for each equivalent domestic consumer unit,[1] with each such unit equaling 300 gallons per day.
[Amended 10-27-2008 by Ord. No. 2086-08]
[1]
Editor's Note: The Schedule of Equivalent Domestic Consumer Units is included at the end of Ch. 156, Sewers.
(2) 
Meters.
(a) 
The charge for meter installation shall be:
Meter Size
(inches)
Charge
5/8
$325
3/4
$375
1
$425
(b) 
The cost of all meters 1 1/4 inches and above shall be determined at the time of installation. The charge shall be the actual cost of the meter, plus a twenty-percent administrative fee.
(3) 
The number of equivalent domestic consumer units required for proposed uses shall be calculated in accordance with the Schedule of Equivalent Domestic Consumer Units[2] adopted the City of Woodbury.
[Added 12-22-2008 by Ord. No. 2094-08]
[2]
Editor's Note: Said schedule is included at the end of this chapter.
B. 
All the foregoing charges shall be payable at the time of making the application required under § 197-6. Where a curb meter box is desired, there will be an additional charge of $300. Where a service connection larger than stated in the foregoing schedule of charges is desired, the City will furnish cost figures of a permit, and the same shall be collected at time of issuing permit.
C. 
At no time after a permit for water service has been issued shall an extension of the private pipes of the consumer beyond that designated or contemplated in the permit be made without the consumer or his duly authorized agent having applied for and obtained an extension permit. The fee for an extension permit shall be $20. In the event the extension contemplated is such that a new service would better serve the purpose, an extension permit will be denied and a permit for a new service connection required. Such a determination shall be within the discrimination of the City Clerk/Administrator to whom the application for such a permit must be made.
A. 
Persons desiring the use of water for building construction shall make application in the regular manner for service. Under no circumstances shall water for building construction be taken from the fire hydrants of the City. The charge for the use of water for building construction shall be $20.
[Amended 2-8-1977 by Ord. No. 1304-77; 6-17-1997 by Ord. No. 1821-97]
B. 
All charges are payable at the time of filing the application for such service. The Department reserves the right to regulate the purpose for which the water may be used during construction and may at its option require the water to be metered. At least 48 hours' notice shall be given the Department before any of the above connections will be made.
Excavating work and the finishing and installation of the service line from the curb stop to the meter and thence to the premises shall be done by a plumber duly licensed by the Board of Health of the City. Such excavating and installation is to be at the cost and expense of the property owner.
A. 
The property owner shall be responsible for the maintenance of the service line between the curb stop and the premises. Such property owner shall keep the same in good repair and protected at all times from damages from any cause whatsoever and shall be held liable for damage or loss of water resulting from failure to do so.
B. 
All leaks in the service line from the curb stop to the premises shall be reported promptly to the Department and repaired by the property owner. If repairs are not so made within 72 hours, the water shall be shut off by the Department and not turned on again until the line is placed in serviceable condition and all charges for damage or loss of water have been paid.
[Amended 11-28-2005 by Ord. No. 2015-05]
A. 
All laterals for single dwellings and for buildings with up to three apartments shall be of one-inch Type K copper tubing; for buildings with four to six apartments, two-inch Type K copper tubing; for buildings with seven to nine apartments, two-inch Type K copper tubing; and all buildings for commercial purposes and with more than nine apartments shall have a lateral of a size and material to be designated by the Department. All laterals consisting of Type K copper tubing shall be connected with brass-copper fittings, in general; laterals up to and including two inches shall be made of extra-heavy copper tubing or of cement-lined ductile iron pipe, at the discretion of the Public Works Manager, and service lines larger than two inches shall be of cement-lined ductile iron pipe.
[Amended 11-28-2005 by Ord. No. 2015-05]
B. 
All laterals from the main to the curb stop and thence from the curb stop to the premises being supplied shall be at least four feet below the surface or finished grade to ensure against freezing. Such laterals shall be separated from the sewer and other service pipe by at least two feet, and the excavation and trench in which the service line shall be laid shall remain open until inspected and approved by the Department. At least 24 hours' notice shall be given to the Department for the purpose of inspecting this work.
No person except an employee of the Department shall turn water on or off at a curb stop unless an emergency exists; in such case the Department shall be advised immediately of the action taken.
[Amended 8-11-1998 by Ord. No. 1857-98]
All buildings of any nature used for any purpose and to which water is desired to be furnished shall be connected with the water system of the City and shall not use any private well, pump or other means for the furnishing of water to any of such premises. The City Council shall have the power, by resolution adopted for that purpose, to permit the owner of any building to construct and maintain wells, pumps and other equipment upon showing of special reasons of and concerning the property and use thereon.
The owner of any lot fronting any street in the City which is to be permanently improved shall, where the same has not already been done, lay a house connection or a lateral from the water main to the curb in front of such lot in accordance with the provisions of § 197-6 within four weeks after having been notified by the City Clerk/Administrator so to do, and if this shall not be done within the time limited, then the Department shall install the same, and the expense of such installation, together with interest, shall be paid by the owner of the lot before the property shall have the privilege of water service from the City.
Permission will not be granted to supply two or more dwellings, apartments, manufacturing establishments or other places from a single lateral.
All connections shall be metered, and the use of water without a meter shall make the property owner liable for an amount of water consumed as estimated by the Department in addition to any penalties imposed under this chapter. The City, upon repeated offenses, may order the water supply to be discontinued.
The location provided by a property owner for a water meter shall be readily accessible for reading and maintenance purposes and shall be such as to offer adequate protection against damage to the meter. All meters shall be installed in the cellars of buildings, and if no cellar is under a building, then in a utility room or in a curb meter box at the curb. Compression stops shall be provided by the property owner on each side of and directly adjacent to the meter.
No fixtures of any kind from which water might be drawn shall be placed on the street side of a meter. The meter shall not be installed unless the location and facilities provided for such meter meet the approval of the Department.
No person except an employee of the Department shall connect, disconnect, repair, adjust or tamper in any way with a water meter.
[Amended 11-10-1981 by Ord. No. 1400-81; 12-28-2004 by Ord. No. 1980-04]
A. 
Failure of a meter to register properly shall be reported immediately to the Department. Charges for water during the period of such failure shall be computed on the basis of the average consumption over a reasonable period prior to the failure.
B. 
Should a consumer believe that the meter is not registering properly, the consumer shall file a complaint with the Department, whereupon the meter will be removed and tested by the Department. If it is found to register against the consumer more than 3%, there will be no charge for removing, repairing and resetting the meter. If, however, the meter is found to register against the consumer less than 3%, a minimum charge of $25, plus any additional costs and/or charges incurred, will be made for the test. The Department shall have the right to make periodic tests of all meters at no cost to the consumer.
C. 
The owners of all industrial water meters in the City of Woodbury shall have their meters tested by a qualified meter testing company not more than once a year or not less than once every two years. The owners of these meters shall supply the test results, together with the affidavit from the testing company, within 60 days from the date that notification is given by the City to conduct a meter test, in the event that the owner fails to comply with this requirement, the City has the right to have the meter tested and levy a charge for the cost of such test, plus a surcharge of 50% for administrative expenses.
All water meters are the property of the City. The size of meters to be attached to water connections shall be as required by the Department. The consumer shall take all proper precautions to protect the meter from injury, frost and damage from hot water or steam. The owner of premises will be held liable for all damages or loss to the City from failure to properly care for and protect such meters.
The Department shall have access at all reasonable hours to premises connected to the water distribution system for the purpose of inspecting and maintaining water meters and associated equipment. The hours between 8:00 a.m. and 6:00 p.m. shall be considered reasonable hours for this purpose.
[Amended 2-8-1977 by Ord. No. 1304-77; 4-4-1978 by Ord. No. 1323-78; 9-2-1980 by Ord. No. 1360-80; 5-31-1988 by Ord. No. 1554-88; 6-7-1997 by Ord. No. 1821-97; 3-23-1999 by Ord. No. 1868-99; 9-28-1999 by Ord. No. 1881-99; 9-7-2004 by Ord. No. 1977-04; 4-10-2006 by Ord. No. 2023-06]
All persons whose houses, buildings or properties are connected with or may be connected to the water system of the City shall pay the rates and fees prescribed as follows:
A. 
There shall be a minimum charge for all water passing through meters installed pursuant to the provisions of this chapter, which shall be based upon the following schedule, such charges to be billed quarterly.
Size of Meter
(inches)
Water Allowed
(gallons)
Minimum Rate
5/8
Up to 5,000
$33.75
3/4
Up to 5,000
$33.75
1
Up to 5,000
$33.75
B. 
In addition to the foregoing minimum charge, there shall be an additional minimum charge for each connected service furnishing water to apartments, multiple-family dwellings, stores or any dual or multiple occupancy, in the sum of $33.75 for each such unit in excess of one. Wherever such additional minimum charge is enforced, an additional 5,000 gallons of water will be allowed for each additional $33.75 of minimum charge billed.
C. 
Wherever there exists a sprinkler system designed to afford protection against destruction of property by fire, the following rates shall be charged quarterly:
Size of Service
(inches)
Charge
4
$81
6
$162
D. 
The foregoing minimum rates shall be charged whenever an established service exists even though there shall be no actual consumption of water through such service.
A. 
In addition to the minimum charges enumerated in the preceding section, for all water drawn above the minimum used there shall be charged per billing period the following rates:
[Amended 2-8-1977 by Ord. No. 1304-77; 9-2-1980 by Ord. No. 1360-80; 5-31-1988 by Ord. No. 1554-88; 6-17-1997 by Ord. No. 1821-97; 3-23-1999 by Ord. No. 1868-99; 9-28-1999 by Ord. No. 1881-99; 9-7-2004 by Ord. No. 1977-04; 4-10-2006 by Ord. No. 2023-06]
Gallons per quarter
Charge per 1,000
gallons
First 10,000 of excess
$4.49
Next 10,000 of excess
$5.40
All additional excess
$7.17
B. 
In special cases not contemplated in this schedule of rates or not clearly defined therein, the City Council is hereby authorized to establish special rates or rentals under such schedules or formulas as the City Council may deem necessary to keep and maintain the Public Works Department on a self-liquidating basis, and to make, execute and deliver such contracts with such special consumers as the circumstances may require; provided, however, that the City Council reserves the right to amend, alter or change this section by resolution from time to time as circumstances may require.
C. 
Excess usage of the Woodbury Board of Education shall be billed at the City of Woodbury’s first-tier excess use rate, i.e., the rate charged for the first 10,000 gallons of excess water usage as set forth in § 197-24A.
[Added 11-28-2011 by Ord. No. 2151-11]
[Amended 2-8-1977 by Ord. No. 1304-77; 4-4-1978 by Ord. No. 1323-78; 9-2-1980 by Ord. No. 1360-80; 5-31-1988 by Ord. No. 1554-88; 6-17-1997 by Ord. No. 1821-97; 3-23-1999 by Ord. No. 1868-99; 9-7-2004 by Ord. No. 1977-04; 4-10-2006 by Ord. No. 2023-06]
A. 
All water services using a meter larger than one inch shall be read and billed on a quarterly basis as follows:
Size of Meter
(inches)
Water Allowed
(gallons)
Minimum Rate
1 1/2
Up to 10,000
$90
2
Up to 10,000
$90
3
Up to 10,000
$90
4
Up to 10,000
$90
6
Up to 10,000
$90
8
Up to 10,000
$90
B. 
All hydrant charges outside of the City shall be at the rate of $432 per annum, to be billed in quarterly installments of $108 each.
Water shall be sold to adjoining cities or companies under contract, provided that the City shall furnish, operate and maintain a water meter satisfactory to the City at rates to be determined by the City Council.
A. 
The City shall have the power to sell water to consumers outside the City limits. In such sales the City shall not be responsible for the maintenance of any water connection, extension or main, but the same shall be the sole responsibility of the users either individually or collectively, as the case may be. The City Council may from time to time prescribe certain rules and regulations under which it will furnish water to property owners situated outside the limits of the City. In no instance shall owners of property outside the City be charged less for water furnished than would be charged for similar building located within the City.
B. 
The City shall furnish water to users outside the City only when the type of connection, main or extension shall meet the requirements of the City, and the City may from time to time prescribe certain rules and regulations relative thereto.
C. 
No person, unless authorized by the Department, shall take water from any public fire hydrant except for fire purposes or for the use of the Fire Department. No fire hydrant shall be used for sprinkling the streets, flushing sewers or gutters or for any other purposes except by the Public Works Department of the City.
D. 
In furnishing water to consumers outside the City, the tap of the main to the service connection shall only be made by the Public Works Department of the City, and the applicant for a permit for such service shall pay to the City Clerk/Administrator of the City the service connection charge hereinbefore established by § 197-7.
[Amended 1-18-1983 by Ord. No. 1431-83; 4-10-2006 by Ord. No. 2023-06; 9-11-2006 by Ord. No. 2037-06]
Billings for water service, water used, sprinkler service or fire service will be rendered quarterly on or before the 15th day of January, April, July and October. Bills remaining unpaid for the period of 30 days after they are rendered shall be charged interest at the rate of 8% per annum until such payment is made, and when such bill, or the accumulation of bills, is in excess of $1,500, then interest shall be charged at the rate of 18% per annum until such bill or bills are paid. In computing the total outstanding bills, such computation shall include any outstanding and unpaid sewer bill or bills which shall be added to the unpaid water bills to determine the limit of $1,500.
No person shall in any manner obstruct or prevent free access to any fire hydrant, or place or store temporarily or otherwise any object, material, snow, debris or obstruction of any kind within a distance of five feet of any fire hydrant. Any such obstruction when discovered shall be removed at once by the Public Works Department at the expense of the person responsible for the obstruction.
A. 
Restricting or suspending use of water. In case of prolonged scarcity of water from any cause, the Department reserves the right upon public notice to suspend or restrict the use of water for hose and sprinkling purposes or to impose such rates as the City deems advisable under the circumstances.
B. 
Decreasing or limiting quantity of water used. The City reserves the right to decrease or limit the quantity of water used whenever in the judgment of the City it is necessary or expedient so to do. The City is not responsible for damages by reason of the failure to supply water insofar as it may affect any property or use thereof.
Any necessary changes in piping between the curb and the premises due to corrosion or otherwise, valves or connections and all material and labor used to increase the water supply or efficiency thereof must be made by the property owner at his own expense, subject to inspection and approval of the Department.
[Amended 2-8-1977 by Ord. No. 1304-77; 6-27-2005 by Ord. No. 1995A-05]
A. 
Water service may be discontinued for any of the following reasons:
(1) 
The use of water for any other property or purpose than that described in the application.
(2) 
Willful waste of water through improper or imperfect pipes, fixtures or otherwise.
(3) 
Failure to maintain in good order connections, service lines or fixtures owned by the consumer.
(4) 
Molesting, tampering or attempting to molest or tamper with any service pipe, curb stop, seal, water meter or any other appliances of the Department.
(5) 
Refusal of access to property at reasonable hours for purpose of inspecting or for repairing, caring for or removing meters.
(6) 
Nonpayment of bills for service rendered and water consumed, nonpayment of interest, fines and penalties imposed, or for any other reason causing or tending to cause a loss to the Department.
(7) 
If, as of January 1, 2017, or at any time thereafter a water and sewer bill has been estimated for six quarters or more, the user may be notified via hang tag left on the serviced property's door and via regular mail to the address that appears of record in the Tax Collector's office advising the owner of the date on or after which their water may be discontinued unless access is granted to replace the meter and/or transmitter. No billing adjustment for estimated billing will be made for more than one previous billing cycle pursuant to § 197-33B(1).
[Added 7-25-2017 by Ord. No. 2264-17; amended 10-10-2017 by Ord. No. 2270-17]
B. 
In the case of nonpayment of bills for service rendered and water consumed, or billing for sewer rentals, fees or installation, including the nonpayment of any interest, fines or penalties imposed, water service may be discontinued in the event that any bill remains unpaid 60 days after it is rendered. Written notice (hereinafter referred to as the "discontinuance notice") of not less than 10 days will be sent to the owner of the property via regular mail to the address that appears of record in the Tax Assessor's office advising the owner of the date on or after which their water service may be discontinued unless all outstanding amounts due are paid. No checks or online payments will be accepted after a discontinuance notice has been issued. All payments must be made in cash or certified funds. If a check was used as payment to avoid a discontinuance notice being sent, and that check was returned by the bank for insufficient funds or due to the account being closed, the service will be discontinued immediately without further notice.
[Amended 9-10-2013 by Ord. No. 2190-13; 7-8-2014 by Ord. No. 2207-14; 10-10-2017 by Ord. No. 2270-17]
C. 
In no case shall the water service be restored until the defects have been remedied and the bills due and interest, fines, penalties, and administrative fee have been paid in full. An administrative fee of $100 will be charged and shall be due on a date set forth by the Billing Department in the notice provided for in § 197-32B, which date shall not be less than 10 calendar days from the date of the notice. The owner of the premises shall be liable for any loss sustained by the department as the result of such defects.
[Amended 9-10-2013 by Ord. No. 2190-13; 10-10-2017 by Ord. No. 2270-17]
D. 
The owner of the property shall be responsible for the payment of all water bills for the owner's property, irrespective of any contractual allocation of responsibility between owner and tenant for payment of such bills.
[Added 9-10-2013 by Ord. No. 2190-13]
[Amended 2-8-1977 by Ord. No. 1304-77; 9-10-2013 by Ord. No. 2190-13]
A. 
No adjustment of water charges due to the failure of the Department to discontinue or restore water service as requested by an owner shall be made unless the request for discontinuance or restoration is in writing and duly filed with the City Clerk/Administrator.
B. 
Following the issuance of a bill for water charges, the City Administrator, after consultation with the Billing Department and the Public Works Department, may make appropriate adjustments subject to the restrictions set forth below to bills for water charges which shall not become effective until completion of the referral process set forth herein:
(1) 
No billing adjustments will be made for more than one previous billing cycle for estimated bills, unless verified by actual meter readings.
(2) 
No billing adjustments will be made for excessive usage due to leaking or plumbing problems, hereinafter "leak adjustments," unless such leaks are demonstrated by the user to have been caused by the City. While the City attempts to notify users as quickly as possible of excessive usage, failure of the City to notify a user of excessive usage shall not be cause for a billing adjustment. Any request for a leak adjustment shall be in writing setting forth with specificity the user's basis for and amount of leak adjustment requested, addressed to the City Council who shall be solely empowered to grant such a leak adjustment in its sole discretion.
(3) 
Notification of change in ownership is the responsibility of the purchaser of a property, and shall be made to the City Water/Sewer and Tax Office immediately upon change of ownership. No corrections to delinquent bills will be made due to delays in notification of change of ownership.
(4) 
The City shall not waive interest for delinquent bills due to the claim that a user did not receive the initial bill.
(5) 
Fees for denied payments will extend to online payments as well as actual checks.
C. 
Referral process. The City Administrator shall notify the Finance Committee of all recommended adjustments under Subsection B above and the reason therefor. The Finance Committee may disapprove any adjustment or refer any adjustment to City Council for review within 30 days. If the Finance Committee does not disapprove the adjustment or refer it to City Council within 30 days, the adjustment shall take effect.
Where connections are abandoned, the owner of the premises thereafter desiring water service shall make an application and for the same shall pay the same charges as hereinbefore established in § 197-7.
A. 
All extensions of the present water system, which shall include the laying, construction or placing of mains or other connections, shall be done in accordance with N.J.S.A. 40:56-1 et seq. However, in the event that any person may hereafter desire to lay and construct any extension of the water system, the City Council may give its consent thereto by the adoption of an ordinance for the purpose, which extension shall be done by the Public Works Department at the cost and expense of the person desiring such extension. The City, by its ordinance or otherwise, may provide that any persons thereafter desiring to connect into a water main laid at the expense of another person shall pay to such person such an amount as the City Council may deem a proportionate share of the cost of such construction, to be based on the frontage of the property seeking to use the water extension. The City Council may also use other factors in determining the amount to be paid by such latter applicant for the use of the water main.
B. 
All mains so laid at the cost and expense of any person within the City shall be the property of the City and shall thereafter be the responsibility of the City for care, maintenance and repair.
[Added 11-28-2005 by Ord. No. 2015-05]
Penalties for violation of the provisions of this chapter shall be by one or more of the following: a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; or a period of community service not exceeding 90 days.
[Adopted 1-27-1989 as Ord. No. 1608-89]
Pursuant to N.J.S.A. 40:48-2, the City of Woodbury has the authority to adopt legislation necessary and proper for the protection of persons and property and the preservation of the public health, safety and welfare.
For the purpose of responding to all water emergencies occurring in the future, the City Council finds it necessary to adopt procedures for implementation and enforcement of water use regulation in the City of Woodbury in order to protect its residents, businesses and property and to preserve the public health, safety and welfare.
A. 
Whenever the governing body shall be satisfied and finds that a water emergency exists in the City of Woodbury, it may adopt a resolution declaring that a water emergency exists in the municipality.
(1) 
Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body.
(2) 
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 § 197-40 of this article is being imposed, as well as any exemptions as may be authorized.
(3) 
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 § 197-41 of this article.
B. 
For the purpose of this section, a water emergency shall exist if, for any of the following reasons:
(1) 
The public utility providing water service to all or a portion of the municipality 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
(2) 
The governing authority is otherwise satisfied that a water emergency exists in the municipality.
A. 
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the municipality in accordance with § 197-39 of this article, 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:
(1) 
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.
(2) 
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.
(3) 
Any other water use restriction specified by the governing body in the resolution required by § 197-39 of this article which is reasonable under the circumstances considering the nature and extent of the water emergency.
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 the resolution of the governing body adopted in accordance with § 197-39 of this article.
A. 
The resolution of the governing body required by § 197-39 of this article shall, in addition to complying with § 197-39, 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.
B. 
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.
C. 
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 article continuing the water use restrictions.
The water use restrictions imposed pursuant to this article 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 § 197-43 of this article. 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 article.
[Amended 11-28-2005 by Ord. No. 2015-05]
After a first offense in accordance with § 197-42 of this article, any person or business who thereafter violates the water use restrictions imposed pursuant to this article shall be penalized by one or more of the following: a fine not exceeding $1,000; imprisonment for a term not exceeding 90 days; or a period of community service not exceeding 90 days.
The City of Woodbury Police Department shall be authorized to enforce the provisions of this article.