[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-7-1973 by Ord. No. 11-0-73]
The water system of the Borough of Wanaque,
New Jersey, acquired or to be acquired by the Borough from the Wanaque
Municipal Utilities Authority, is hereby created and established as
a municipal public utility for all of the purposes of the Local Bond
Law of New Jersey and of N.J.S.A. 40:62-77[1] and it is hereby found and determined to be a utility,
enterprise or purpose authorized to be undertaken by the Borough and
from which it may receive fees, rents or other charges, and all fees,
rents or other charges received by the Borough for or in connection
with the use or services of such municipal public utility shall be
held, used and applied in accordance with the provisions of said Local
Bond Law and any other laws applicable.
[1]
Editor's Note: N.J.S.A. 40:62-77 was repealed
by L. 1989, c. 109, § 1.
For the purpose of this article, the following
words, clauses or terms shall be constructed to mean and shall have
the meanings herein defined, unless otherwise specifically stated:
[Added 5-17-1994 by Ord. No. 6-0-94; repealed 8-15-1995 by Ord. No. 14-94-95]
All pipes other than supply pipes or service pipes used for
carrying or distributing water.
The office of the Water Department.[1]
That portion of the pipe from the curb box to the water meter,
and it shall be Type K copper of a size and quality as approved by
the Water Department.[2]
That portion of the pipe from the main to the curb box, and
it shall be Type K copper, 3/4 inch in diameter or larger. All
fittings used must be Mueller or equal thereto, to be of approved
model.
The person in charge of the office of the Water Department.[3]
The person in charge of installations, meter reading, inspection
and maintenance work.
[1]
Editor's Note: Ordinance No. 4-0-13, adopted 4-8-2013, provided for the abolishment of the Water Department, consolidating said department into the Department of Public Works. See now Ch. 34, Department of Public Works.
A.
A Water Clerk shall be appointed by the Mayor and
Council in accordance with the civil service rules and regulations
covering certification of the same.
No person shall make use of any water from any
of the water mains or supply pipes of this Borough, except in the
manner herein provided.
Water shall be turned on and admitted in the premises of consumers only by the Water Superintendent or his agent upon notification by the Water Clerk. When the supply shall have been cut off for any purpose, except for repairs not chargeable to the consumer, it shall not be turned on again until all rentals in arrears and all other charges then due, including a fee set forth in § 111-32 for turning the water on, shall have been paid.
All water taken or consumed shall be supplied through a water meter, except as hereinafter provided, and shall be charged for at such uniform rates as are set forth in § 111-32. No bills will be rendered or payment accepted for less than the minimum rate.
No water is to be supplied to houses, stores,
barns or other buildings and places not having cellars, except by
special permission.
Not more than one dwelling unit shall be supplied
through one meter, but nothing shall herein prohibit the supplying
of one dwelling unit, garage and stable on the premises through one
meter, provided that said garage and stable are not used as dwelling
units.
There shall be no more than one service pipe
connection to any supply pipe. Each building must have its own service,
except by special permission.
All bills for water consumed shall be rendered quarterly between the 15th and 30th day of each billing period for all water consumed during the preceding quarter. All bills for standby connection charges as set forth in § 111-32 shall be payable quarterly, in advance. All charges shall be paid to the Water Clerk. All bills for water consumed shall be due when rendered and all bills for standby connection charges shall be due on the first day of each quarter. For each and every month or part thereof, if said bill is not paid when due, there shall be a delinquent charge of 1/12 of 8% of the amount due for any month or fractional part thereof during which said bill remains unpaid. Interest on delinquent bills for water consumed or standby charges shall be at the rate of 8% per annum from the respective due date. If a payment is not made within six months after due date, the water will be shut off and not turned on again except on payment of arrears and a fee, as set forth in § 111-32, for turning the water on.
[Amended 9-17-1990 by Ord. No. 10-71-90]
The owner(s) of any building, house, dwelling,
structure, lot or lots shall be liable for payment of the water rent
and charges imposed hereby for the use of water and water-connected
services set forth herein, whether or not the use of such water or
services is used by or for the benefit of a tenant, lessee, occupier
or any other person or entity other than the owner. The water rent
and water service charges so fixed and determined herein shall be
and constitute a lien upon the property, land, building, house, dwelling,
structure and lot, together with all appurtenances thereto, until
the bill or statement shall be paid and satisfied. In the event of
nonpayment of said bill or statement in full, the property, lots and
land, together with any building, house, dwelling structure and their
appurtenances, shall be liable to sale in the manner provided by law
in satisfaction and payment of the lien of said water rent and charges.
The applicant, for the introduction of any water
supply or a change of any existing water supply, shall pay all fees
covering the necessary road opening permits for the state, county
and Borough roads and the cost of the road repairs.
Application for the introduction of water supply or for the change of any existing water supply shall be made at the office of the Water Clerk by the owner of the premises or his authorized agent. The application must be made upon a blank form furnished for that purpose, and the application must subscribe to the conditions thereon, stating fully the uses to which the water is to be applied. A fee, as set forth in § 111-32, will be charged for a supply line. Upon the receipt of an application for the introduction of a larger supply line or for the change of any existing water supply, the Clerk will cause the Water Superintendent or his agent to make an inspection of the premises and will prepare an estimate of the cost of work applied for and render a bill for the same to the owner of the premises. Upon payment in full of such fee or bill, the work of making the proper connections with the premises will be proceeded with as promptly as practicable. If the estimated cost exceeds the actual cost, a refund will be made to the applicant.
The applicant for such service connection, who
in all such cases must be the owner of the property sought to be supplied
with water, and which property shall be outside of the limits of the
Borough of Wanaque, shall deposit with the agent of the Borough of
Wanaque a sum of $100 to ensure payment of all water rates and charges,
which sum shall be deposited before water service is supplied and
which sum shall insure payment of all water rates and charges. All
water service users who utilize the water service of the Borough of
Wanaque on property not located within the limits of the Borough of
Wanaque and who are considered to be summer residents, unmetered and/or
temporary residents, whose homes are not occupied more than six months
of any calendar year commencing on April 15, shall pay to the Borough
of Wanaque for water service a sum equal to $25 for each temporary
resident, which gives said temporary resident an allowance of 30,000
gallons for said six months' period.
All water service users who utilize the water
services during the summer months and who are considered to be summer
residents, who own property unmetered within the Borough of Wanaque,
shall pay a fee of $15 for the water service. Summer residents will
be considered to be those who utilize the water service from April
15 to November 15 of each year, and the amount of the water fee shall
be paid on or before November 15 of each year in which the water is
used. A summer resident shall be determined as such by the Mayor and
Borough Council.
Where access to meters cannot be had during any meter reading period, the user will be required to pay a minimum charge as set forth in § 111-32, and in so doing will be given credit for the use of 8,000 gallons. At the next meter reading period and after said meter has been read, an allowance of 8,000 gallons will again be credited at the minimum charge as set forth in § 111-32, and the occupier or owner shall pay the difference between the aforementioned 16,000 gallons and the actual gallonage read on the meter at the rate as set forth in § 111-32, per thousand gallons used. Objections to bills must be made within 10 days from the date of bill.
The application for water connections herein
provided for shall be taken in all cases to be a consent by the applicant,
owner or occupier to enter the premises for inspection of the meter
service or other apparatus connected with the water supply by the
Water Clerk, Water Superintendent or other duly authorized agent of
the Borough at all reasonable hours upon the presentation of the badge
or other credentials provided by the Department.
Inspectors of this Department or any other person
delegated for that purpose by the Water Clerk or Water Superintendent
must be allowed inside of buildings to shut off the water supply for
the purpose of inspection or so that repairs or alterations to water
mains, pipes or stopcocks, etc., may be made.
[Amended 5-17-1994 by Ord. No. 12-0-94]
A.
No one, except the Water Department of the Borough
of Wanaque[1] or its duly authorized agents, shall turn the water supply
off at the curb box except in an emergency. In the case of an emergency,
notice shall immediately be given to the Wanaque Water Department.
If such notice cannot be given by virtue of the day of the week or
time of emergency, notice shall be given to the Shift Commander or
officer in charge of the Wanaque Borough Police Department, who shall
thereupon notify a representative of said Water Department.
B.
Procedure.
(1)
The Water Department[2] shall be responsible to tap or make connection from private
waterlines to the Borough's water mains or service lines for three-fourths-inch
connections only. The property owner shall notify the Water Department
sufficiently in advance so as to enable the Water Superintendent,
within his discretion, to adequately schedule the same.
(2)
It shall be the responsibility of the property owner
or his agent to provide all excavation to the point of tap, obtain
all necessary permits, including but not limited to municipal, county
or state, install connecting service line from tap to property line
and meter, provide and pay for all materials and labor, open and close
all road excavations and repave, provide for all necessary police
or traffic control personnel and do everything else necessary or required,
all at its expense, so as to provide for water service from the Borough's
existing water main or waterline. All such work shall be under the
direction and supervision of the Water Superintendent or his designee,
and pursuant to his authorization.
(3)
If the tap is 3/4 inch, the Borough of Wanaque
Water Department shall be responsible to perform and accomplish the
same.
(4)
In the event that the tap is larger or greater than 3/4
inch in diameter, then it shall be the responsibility of the property
owner or his agent to perform and accomplish the same. However, such
must be accomplished under the supervision and inspection of the Water
Superintendent or his designee.
(5)
The Borough of Wanaque shall be responsible for the
maintenance of the tap. The costs of all materials and labor necessary
and incident to any leaks or deficiencies other than the tap in the
service installed for a period of one year from the date the service
installation as approved by the Water Department shall be the responsibility
of the property owner. After that period, the Borough shall be responsible.
In the event that the service installed or the tap should be deficient
or leak within the one-year period, the property owner or his agent
shall immediately repair the same within 24 hours of notification
of knowledge thereof. In the event of an emergency, or after the twenty-four-hour
period, the Borough of Wanaque Water Department shall effect any necessary
repairs and shall charge the property owner, if applicable, with the
costs and expenses of material and labor incident to such repair.
In the event that the property owner shall contest the charge or the
necessity for such repair, the property owner shall petition the governing
body of the Borough of Wanaque, which shall then convene within 90
days and hear evidence and argument and determine the necessity for
and reasonable costs of such repairs. All such charges shall be certified
by the Water Superintendent to the Wanaque Borough Tax Collector,
and said charges shall be and become liens on and against the real
estate and property involved. Anything to the contrary notwithstanding,
the property owner shall be and remain responsible for all installations
and deficiencies in water service after the curb box to the premises.
(6)
The Borough of Wanaque, upon recommendation of the
Water Superintendent, Borough Engineer and Borough Attorney, may agree
to allow the property owner to post a one-year maintenance bond by
an insurance company authorized to do business in New Jersey, in an
amount and in such a form deemed appropriate by the aforesaid officials.
In lieu thereof a cash deposit or bank deposit or letter of credit
may be supplied in such form deemed appropriate by the Wanaque Borough
Attorney.
(7)
All installation of waterlines, maps and any improvements
or connections effected between the Borough's water main and waterline
to the property line shall, upon approval and acceptance of the same
by the Water Superintendent and the Borough Engineer, become and belong
to the Borough of Wanaque without cost or charge therefor.
No service shall be made from November 15 to March 15 following, except at the option of the Mayor and Council; and when said connections are made during said period, the owner of the premises shall be liable for all charges incurred by the Department over and above the rates set forth in § 111-32. The Borough shall have full right to reject any application for the service connections upon reasonable cause.
Upon notification or discovery of any leaks
in supply or service pipes or stopcocks, the Water Department[1] will shut off the water. Notification should be given to the Water Clerk, who will notify the Water Agent. All repairs or replacement to the service pipe shall be made at the expense of the owner during the regular workweek under the supervision of the Water Department. Any damage to supply pipe, stopcocks, etc., encountered during replacement or installation of service pipe, shall be the responsibility of the applicant. The Water Department shall make all repairs to supply pipes. The repairs of a supply pipe shall be without charge except for the fee set forth in § 111-32 for turning the water off and on. The material for a replacement of a supply pipe shall be the responsibility of the Water Department. The excavation, repairs to the street and labor shall be the responsibility of the applicant.
[Amended 6-22-1977 by Ord. No. 15-73-77]
All persons who may be supplied with water from
any Borough water main shall maintain their house service pipes and
all fixtures in good order and protected from the frost, at their
own expense, and shall prevent all unnecessary waste of water. In
the event that it becomes necessary for the Borough to expend moneys
to perfect the same, after due notice to the homeowner, the homeowner
shall be liable for payment, and the same shall be fixed and shall
become a lien upon the property until the same shall be paid and satisfied.
In the case of nonpayment thereof, any such property shall be liable
to be sold for payment of said lien for said cost in the manner provided
by law. It shall be the duty of each consumer having notice or knowledge
of leaks in service pipes or supply pipes to his premises, or those
occupied by him under his control, forthwith to notify the Water Clerk.
It shall be his duty to keep the curb box exposed and in an accessible
condition. It is expressly stipulated that no claim shall be made
against the Borough of Wanaque by reason of the breaking of any supply
or service pipes, or cocks, or from shutting off water to repair any
mains or making connections with the same. Should it become necessary
to shut off the water from any section of the Borough for the purpose
of making changes or repairs, the Department will endeavor to give
timely notice to the consumers affected thereby and will, so far as
is practical, use its best efforts to prevent inconvenience and damages
arising from any cause, but failure to give such notice will not render
the Department responsible or liable for damages that may result therefrom
or any other cause. The Borough undertakes only to use reasonable
care and diligence to provide a constant supply of water through its
pipes, but does not undertake to render any special service or to
maintain any fixed or definite quantity of pressure, and in the event
of the occurrence of any break, failure or accident, the Borough should
not be liable for any damage resulting therefrom. The Borough reserves
the right to decrease or limit the quality of water used whenever
in the judgment of the Mayor and Council it is necessary or expedient
to do so.
Any person desiring to discontinue service to
his property shall give at least five days' written notice to the
Water Clerk, who will notify the Water Department.[1]
Application for water for construction of a building must be made to the Water Clerk by the owner of the property on a suitable blank. A fee as set forth in § 111-32 for the temporary placement of a meter for the construction of a building must accompany each application. Water shall be charged for at the current rate. It shall be the duty of the applicant to take care of the meter. All meters shall be placed to the satisfaction of the Water Superintendent or other duly authorized agent.
All meters are to be placed under the supervision
and to the satisfaction of the Water Superintendent or such person
as he may designate, so that they may be easily examined and read.
That portion of the service pipe within the building must be kept
exposed. All pipes and other appliances and equipment must be inspected
and approved by the Water Superintendent or his agent before being
covered up to at least a depth of four feet. A meter opening of 12
inches must be provided and, as directed by the Water Department[1] for a meter installation, service pipes must have a gate
valve on the inside of the building within two feet of the place where
it enters the building, and a stop and waste cock or valve on the
outlet side of the meter, and no outlet shall be permitted in the
service pipe between the curb box and the meter. Meters are to be
installed at the risk of the property owner, and they will be held
responsible for any damage thereto, including damage by frost. In
connection with the examination and reading of said meters, all meters
to be newly installed, all meters to be replaced and all meters where
there is a change of ownership or occupancy of the premises shall
be installed with a reading device so that the said meters can be
read without the necessity of entering the building in which they
are located. For a change of ownership of meters, the owner must file
an application for the same.[2]
[1]
Editor's Note: Ordinance No. 4-0-13, adopted 4-8-2013, provided for the abolishment of the Water Department, consolidating said department into the Department of Public Works. See now Ch. 34, Department of Public Works.
[2]
Editor's Note: Former Subsections A, which
dealt with requirements and criteria for placement of meters, and
B, which dealt with approval of meter pit installation, both added
5-17-1994 by Ord. No. 6-0-94 and both which immediately followed this
section, were repealed 8-15-1995 by Ord. No. 14-94-95.
The accuracy of any meter will be determined by the Department upon written request of the owner, who shall pay, in advance, a fee set forth in § 111-32 to cover costs of the test. If on such test the meter shall be found to register over 3% more water than actually passed through the meter, another meter will be substituted therefor, and the fee will be refunded to the owner of the premises. The Water Clerk shall adjust the water bill for the current term in such manner as he may decide to be fair and just.
Where replacement of a meter is requested by
a consumer and, after a test, the meter in use is found accurate,
such replacement will not be made unless the consumer pays the cost
of all labor and materials necessary to make the change.
No person, except an employee of the Water Department,[1] shall remove, disconnect, repair, adjust or tamper in
any way with a water meter, except in case of an emergency when a
seal on a meter or a bypass may be broken, provided that the Water
Department be notified of such action.
The opening of fire hydrants is allowed only
by special permission from the Water Superintendent or his agent,
except in case of a fire, the Fire Department shall notify the Water
Superintendent either before or after opening a hydrant.
No person not an authorized agent of the Water
Clerk or employee of the Borough of Wanaque shall have, wear or exhibit
any badge or credentials of the Water Department.[1] It shall be the duty of every employee of the Borough
of Wanaque, upon resignation or dismissal, forthwith to surrender
and deliver to the office all badges or credentials of the Water Department.
It shall be the duty of the Water Clerk to keep a record of all badges
and credentials issued.
[Amended 10-27-1976 by Ord. No. 5-0-76; 4-27-1977 by Ord. No. 8-73-77; 3-28-1979 by Ord. No. 2-77-79; 3-12-1980 by Ord. No. 4-79-80; 3-24-1982 by Ord. No. 8-80-82; 2-22-1983 by Ord. No. 1-82-83; 12-17-1990 by Ord. No. 13-0-90; 5-21-1991 by Ord. No. 2-83-91; 12-15-1992 by Ord. No. 17-91-92; 5-17-1994 by Ord. No. 12-0-94; 12-9-1996 by Ord. No. 13-92-96; 3-13-2000 by Ord. No. 1-0-00;12-15-2003 by Ord. No. 27-0-03; 4-9-2007 by Ord. No. 7-0-07; 3-8-2010 by Ord. No. 3-0-10]
A.
There are hereby established the following charges:
(2)
For the installation of supply line tap, 3/4
inch in diameter: $1,500.
(3)
For supervision and inspection of a supply line tap larger than 3/4 inch in diameter installed pursuant to § 111-20: $1,500.
(4)
For a temporary placement of a meter: $200, together
with a deposit for security on account of water consumption, in an
amount to be determined by the Water Superintendent or his designee,
which amount shall not exceed $2,500.
(5)
For testing the accuracy of a three-fourths-inch meter, as set forth in § 111-27: $75. In the event that the meter shall be greater than 3/4 inch in diameter, the Water Superintendent shall designate an appropriate private testing company to disconnect, test and certify the meter, which shall be accomplished at the sole cost and expense of the property owner. A deposit, in an amount to be determined by estimate made by the Water Superintendent, shall be paid to the Water Department of the Borough of Wanaque[1] as a deposit and security for such costs. The property
owner shall, in addition thereto, pay the sum of $150 to the Water
Department to defray costs of supervision and administration. In the
event that the charge made for the inspection of such meter shall
be greater than that deposited as security, the property owner shall
pay the difference and balance forthwith.
B.
Sprinkler systems.
(1)
There are hereby established the following charges
for a standby connection to the municipal water system for sprinkler
systems:
|
Size
(inches)
|
Annual Charge
| |
|---|---|---|
|
4
|
$700
| |
|
6
|
$775
| |
|
8
|
$800
|
(2)
For charges for standby connections larger than the
above, charges will be quoted upon application to the Water Department,[2] said charges to be in lieu of all other charges for water
and said connections to be used exclusively for fire protection purposes.
(3)
Cost of installation and maintenance of all standby connections shall be borne by the owner of the property served by said connection. Subject installation and maintenance procedures shall be approved and supervised by representatives of the Borough Water Department and shall be subject to the payment of a nonrefundable fee of $125 to cover said approval and supervision. The property owner's responsibility for standby connections shall extend from the point of connection with the Borough's water distribution main to the structure served. He shall also perform all repairs and maintenance upon said connection as required due to pipe leakage or deterioration. Emergency repairs may be accomplished by the Borough Water Department. Charges for emergency repairs will be levied against the property owner for labor and material and shall be placed upon the water bill of the subject property with payment due as stipulated under § 111-10, Payment of bills.
C.
Fire hydrants and meters.
(1)
The charge for water supplied for fire hydrants shall
be $200 per annum for each hydrant so supplied.
(2)
There are hereby established the following charges for setting a meter as set forth in § 111-17:
|
Size
(inches)
|
Charge
| |
|---|---|---|
|
3/4
|
$300
|
(3)
All meters of one inch or more shall pay a rate for
installation of $300.
D.
There are hereby established the following water consumption rates for residential users as set forth in § 111-6:
[Amended 6-11-2012 by Ord. No. 15-0-12; 10-17-2016 by Ord. No. 19-0-16; 6-14-2021 by Ord. No. 3-0-2021]
(1)
A minimum rate of $50 per quarter shall be charged,
up to 5,000 gallons per quarter.
(2)
Additional water used over the above 5,000 gallons
per quarter shall be charged at a rate of $4.35 per 1,000 gallons
up to 20,000 gallons.
(3)
Additional water used over the above 20,000 gallons
shall be charged at a rate of $5.71 per 1,000 gallons.
E.
There are hereby established the following water consumption rates for mixed-use residential/commercial users as set forth in § 111-6, at a minimum charge per quarter year:
[Amended 6-11-2012 by Ord. No. 15-0-12; 10-17-2016 by Ord. No. 19-0-16; 6-14-2021 by Ord. No. 3-0-2021]
F.
There are hereby established the following water consumption rates for commercial nonhousehold users as set forth in § 111-6, at a minimum charge per quarter year:
[Amended 6-11-2012 by Ord. No. 15-0-12; 10-17-2016 by Ord. No. 19-0-16; 6-14-2021 by Ord. No. 3-0-2021]
G.
There are hereby established the following water consumption
rates for lawn watering systems which are directly connected to the
water system:
[Amended 6-11-2012 by Ord. No. 15-0-12; 10-17-2016 by Ord. No. 19-0-16; 6-14-2021 by Ord. No. 3-0-2021]
H.
All existing dwellings which contain more than one
unit shall pay a minimum charge for the minimum consumption at the
present rate for each unit.
[Amended 6-11-2012 by Ord. No. 15-0-12]
I.
All new dwellings with more than one unit shall require
and have a separate meter for each unit and shall pay a minimum charge
for the minimum consumption at the present rate for each unit.
[Amended 6-11-2012 by Ord. No. 15-0-12]
J.
New connections and additional service. For every
new or additional dwelling unit or equivalent, a connection fee of
$2,000 shall be paid. For commercial and mixed-use establishments,
an equivalent dwelling unit (EDU) shall be determined in the same
manner as an EDU is calculated by the Wanaque Borough Sewerage Utility
for sewer usage purposes.
[Amended 6-11-2012 by Ord. No. 15-0-12; 6-14-2021 by Ord. No. 3-0-2021]
[Amended 3-13-2000 by Ord. No. 1-0-00]
On conviction of the violation of any provision
of this article, the offender shall be punished by a fine not exceeding
$1,000 and costs and, in default of payment thereof, shall be committed
to the county jail for a term not exceeding 90 days, or both.
All fines herein provided for are for revenue.
The Water Clerk shall, once in each month, account
to the Borough Treasurer for the moneys paid to the Water Clerk, and
shall with said account pay over all such moneys.
The Water Clerk shall furnish good and sufficient
security to the Borough of Wanaque in the sum of $15,000 for the performance
of his duties and the care and custody of moneys entrusted to him,
and said security shall be provided by the bond of some surety company
approved by the Borough of Wanaque and at the expense of the Borough
of Wanaque.
[Adopted 4-17-1989 by Ord. No. 8-0-89]
A.
Protracted periods of high temperature and/or limited
rainfall cause excessive demands upon the Borough of Wanaque water
system and resources, causing excessive drains upon said system for
uses unrelated to essential domestic and sanitary purposes and fire
protection.
B.
High temperatures, recurring droughts and excessive
water use result in a lowering of the normal water levels of the sources
of water supply of the Borough of Wanaque water system and make excessive
demands upon the water storage, pumping and transmission systems.
C.
The excess and/or unnecessary use of water during
high temperature or droughts, especially during the spring, summer
and fall months, caused by sprinkling of lawns, shrubbery, gardens,
pool filling, noncommercial motor vehicle washing and other uses not
related to the use of water for essential domestic and sanitary purposes
and fire protection causes a serious reduction in adequate pressure,
especially at the higher elevations of the Borough of Wanaque water
system, can impair and imperil the needs of fire protection, lower
water tables and exceed the capacity of the Borough's water supply
and storage systems.
D.
Grave inequities can result whereby some residents
furnished water constantly use it for such sprinkling or other nonessential
domestic or sanitary uses, while other residents do not receive an
adequate water supply as a result of inadequate pressure.
E.
The interests of the health, safety and welfare of
the residents of the Borough of Wanaque require that reasonable precautions
and measures to conserve water and prevent inequities be taken.
The provisions of this article shall become
effective at such time as the Mayor, with the advice and consent of
the Council, formally proclaims that, in the judgment of the Mayor
and Council, an emergency exists requiring the taking of such measures
for the conservation of water for essential domestic and sanitary
purposes and fire protection as are herein specified.
Upon the making of such proclamation of emergency,
the Mayor shall proclaim whether the emergency is of the type of character
requiring the restricted use of water hereinafter set forth under
Subsection A or B:
A.
Proclamation (a).
|
Proclamation (a) shall prohibit, until such
proclamation shall be terminated, use of water from the Borough of
Wanaque water system for sprinkling lawns, shrubbery and gardens;
filling pools; noncommercial motor vehicle washing; and for other
related nonessential uses on certain days of the week and during certain
hours of the day as specified in a resolution adopted by the Council
based upon recommendations made by the Water Superintendent, who shall
be responsible for investigating all complaints regarding inadequate
water supply. Said Water Superintendent, from time to time, shall
submit recommendations to the Business Administrator for consideration
by the Mayor and Council in determining the need to adopt a resolution
for a proclamation of this type.
|
B.
Proclamation (b).
|
Proclamation (b) shall prohibit the use of water
from the Borough of Wanaque water system for the sprinkling of lawns,
shrubbery and gardens; filling pools; noncommercial motor vehicle
washing; and for other related nonessential uses, until such proclamation
shall be terminated. Said proclamation shall be based upon recommendations
made by the Water Superintendent, who shall be responsible for investigating
all complaints regarding inadequate water supply and based upon results
of the investigation made by him. Said Water Superintendent or employees
under his supervision shall, from time to time, submit recommendations
to the Business Administrator for consideration by the Mayor and Council
in determining the need for a proclamation of this type.
|
Immediately following the issuing of any emergency
proclamations hereinbefore provided, notice thereof specifying its
type and character shall be given by the Borough Clerk by mailing
written notice thereof to the users of the Borough of Wanaque water
system within 48 hours after the issuing of said proclamation or by
causing said proclamation of emergency to be published forthwith in
a newspaper published or circulated in the Borough.
Upon the making of the proclamation as provided in § 111-38 hereof, the provisions of this article shall remain effective until the date when the Mayor, with the advice and consent of the Council, shall proclaim and declare such emergency terminated.
During the continuance of any proclamation of
emergency, any person who violated any of the restrictions imposed
thereby shall, upon conviction thereof, be punished by a fine not
exceeding $500 or by imprisonment for a term not exceeding 90 days,
or both.
