[HISTORY: Adopted by the Municipal Council of the Township of Irvington as indicated in article histories. Amendments noted where applicable.]
Swimming pools — See Ch. 571.
[Adopted 9-28-1993 by Ord. No. MC 2981 (Ch. 195, Art. I, of the 1981 Revised Code)]
Whenever the Municipal Council shall be satisfied and finds that a water emergency exists in the Township of Irvington, it may adopt a resolution declaring that a water emergency exists. Such resolution shall be adopted by the Municipal Council at any regular, special, adjourned or emergency public meeting of the Municipal Council. Such resolution shall identify that part of the Township affected by the water emergency, which may include the entire municipality and shall specify which of the water use regulations contained in § 639-2 of this article is being imposed as well as 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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 639-3 of this article. For the purpose of this section, a water emergency shall exist for any of the following reasons:
The public utility providing water service to all or a portion of the Township has adopted water use restrictions and 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, and such restrictions are not overruled or declared invalid by any state, county or local agency or court having the jurisdiction and power to do so.
The Municipal Council is otherwise satisfied that a water emergency exists in the municipality.
Upon adoption by the Municipal Council of a resolution declaring that a water emergency exists in the Township of Irvington in accordance with § 639-1 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, including those with private wells, except where a bona fide health emergency exists and to exempt businesses, as specified during the water emergency:
The complete ban and prohibition of outside water usage, including the watering of lawns and plants, the filling of pools and washing of cars;
Outside water usage on alternate days allowing outside usage by persons or businesses having even house or box numbers on even days and those having odd on odd days, with outside water usage being completely banned and prohibited on the 31st of any month during the water emergency; or
Any other water use restriction specified by the governing body in the resolution required by § 639-1 of this article which is reasonable under the circumstances considering the nature and extent 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 water emergency in the resolution of the governing body adopted in accordance with § 639-1 of this article.
The resolution of the Municipal Council required by § 639-1 of this article shall, in addition to complying with § 639-1, 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 circumstance 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 Municipal Council 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 Municipal Council shall be satisfied that the water emergency continues to exists, 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(s). 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 § 639-5 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 or any subsequent offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this article.
After a first offense of § 639-4, Enforcement, any person or business who thereafter violates the water use restrictions imposed pursuant to this article shall be fined or imprisoned in accordance with this section. For a second offense, the fine imposed shall be a minimum of $100 up to a maximum of $500 or imprisonment for 10 days, or both. For a third and subsequent offense, the fine imposed shall be $1,000 or imprisonment for 30 days, or both.