[HISTORY: Adopted by the Borough Council of the Borough of
Lincoln Park 11-12-1991 by Ord.
No. 1,032 as Ch. 215 of the 1991 Code. Amendments
noted where applicable.]
This article shall become effective at such time as the Mayor, with the advice and consent of 2/3 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 domestic and sanitary purposes and fire protection as are hereinafter specified in § 465-2.
Upon 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 hereinafter set forth under Subsection
A or B:
A.
The proclamation shall prohibit, until such proclamation shall be
terminated, the use of water from the Lincoln Park water system for
the watering and/or sprinkling of lawns, shrubbery and gardens and
other related uses and also the noncommercial washing of motor vehicles,
filling of swimming pools and all other activities which the Mayor
and Council shall further specify in such proclamation, on certain
days of the week during certain hours of the day, as specified in
a resolution adopted by the Council, based upon the recommendations
made by the Borough Administrator or the State of New Jersey Department
of Environmental Protection. The Borough Administrator shall be responsible
for investigating all complaints regarding inadequate water supply
and, from time to time, shall submit recommendations to the Mayor
and Council for their consideration in determining the need to adopt
a resolution for a proclamation of this type.
B.
The proclamation shall prohibit the use of water from the Lincoln
Park water system for the watering and/or sprinkling of lawns, shrubbery
and gardens and other related uses and also the noncommercial washing
of motor vehicles, filling of swimming pools and all other activities
which the Mayor and Council shall further specify in such proclamation,
until such proclamation shall be terminated. Said proclamation shall
be based upon recommendations made by the Borough Administrator or
the State of New Jersey Department of Environmental Protection. The
Borough Administrator shall be responsible for investigating all complaints
regarding inadequate water supply. The Borough Administrator or employees
under his supervision shall, from time to time, submit recommendations
to the Mayor and Council for their consideration in determining the
need for a proclamation of this type.
Immediately following the issuing of any of the 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 Lincoln Park 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 making of the proclamation of emergency as provided in § 465-1 hereof, the provisions of this article shall remain effective until the date when the Mayor, with the advice and consent of at least 2/3 of the Council, shall proclaim and declare such emergency terminated.
[Amended 9-18-2000 by Ord. No. 1,249, effective 10-8-2000]
During the continuance of any proclamation of emergency, any person who violates any of the restrictions imposed thereby shall, upon conviction thereof, be subject to the fines and penalties set forth in Chapter 1, § 1-2, General penalty, of this Code, in the discretion of the judge imposing the same.
Whenever the governing body shall be satisfied and finds that a water emergency exists in the Borough, it may adopt a resolution declaring that a water emergency exists in the Borough. 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 Borough affected by the water emergency, which may include the entire Borough, and shall specify which of the water use regulations contained in § 465-7 of this article are 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 § 465-8 of this article. For the purpose of this section, a water emergency shall exist if, for any of the following reasons:
A.
The public utility providing water service to all or a portion of
the Borough has adopted water use restrictions and has notified the
Borough, 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 jurisdiction and power to do so; or
B.
The governing body is otherwise satisfied that a water emergency
exists in the Borough.
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the Borough in accordance with § 465-6 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.
C.
Any other water use restriction specified by the governing body in the resolution required by § 465-6 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 Borough, which may include the entire Borough, identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with § 465-6 of this article.
The resolution of the governing body required by § 465-6 of this article shall, in addition to complying with § 465-6, 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 not been abated prior to the expiration of the time period specified in the resolution and 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 Borough Administrator or his designee (hereinafter "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 § 465-10 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 which have been warned upon a first offense. The local authorized official is hereby empowered to write summons for the violation of the water use restrictions imposed pursuant to this article.
[Amended 9-18-2000 by Ord. No. 1,249, effective 10-8-2000]
Any person who violates any of the restrictions imposed hereby shall, upon conviction thereof, be subject to a fine of $500 for the first offense, a fine of $1,000 and 10 days' imprisonment for a second offense, and for a third or subsequent offense be subject to the fines and penalties set forth in Chapter 1, § 1-2, General penalty, of this Code, in the discretion of the judge imposing the same.
