[Adopted 12-19-1989 by Ord. No. 649]
A. 
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 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 § 81-31 of this article 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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 81-32 of this article.
B. 
For the purpose of this section, a water emergency shall exist if, for any of the following reasons:
(1) 
The Water Department providing water service to all or a portion of the municipality 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 of local agency entitled to notice that an emergency exists, and has recommended such restrictions for handling the emergency; or
(2) 
The governing authority is otherwise satisfied that a water emergency exists in the municipality.
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the municipality in accordance with § 81-30 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.
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;
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 § 81-30 of this article which is reasonable under the circumstances considering the nature and extent of the water emergency. 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 § 81-30 of this article.
The resolution of the governing body required by § 81-30 of this article shall, in addition to complying with § 81-30, 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 article continuing the water use restrictions.
[Amended 10-25-2011 by Ord. No. 998]
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 for the first violation and explain the penalties in writing for a second, third and fourth offense, as provided herein and by § 81-34 of this article. In the case of the first written warning, there shall be no fee. In the case of a second written warning, there will be a fee of $100 imposed on the violator. The written warning shall be served upon the violator either personally or by certified mail, return receipt requested. The local authorized official shall keep on file a proof of service for each such written warning, as well as other records as may be reasonable and necessary for the purpose of determining the persons and businesses who have been warned upon a first and second 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 3-25-2003 by Ord. No. 865; 8-23-2011 by Ord. No. 994; 10-25-2011 by Ord. No. 998]
After a first and second violation in accordance with § 81-33 of this article, any person or business who thereafter violates the water use restrictions imposed pursuant to this article shall be subject to the penalties set forth in this section. For a third offense, the violator shall have his/its water supply service discontinued, and such water supply shall not be turned on unless and until such person or business pays a fee of $250. For a fourth and subsequent offense, the violator shall have his/its water supply service discontinued, and the water supply shall not be turned on unless and until such person or business pays a fee of $250. In addition, for a fourth and subsequent offense, there shall be a fine of up to $1,000 or imprisonment for 30 days, or both. The Water Superintendent, any police officer or any employee of the Department of Public Works is hereby designated as an authorized official to enforce this article. If necessary, the fees and/or penalties herein may be collected pursuant to the Penalty Enforcement Law of 1999, pursuant to N.J.S.A. 2A:58-10 et seq.
If any section, paragraph, subdivision, clause or provision of this article shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision invalidated, and the remainder of this article shall be valid and enforceable.
All ordinances and resolutions or parts thereof inconsistent with this article are hereby repealed.