[Ord. No. 2061; Preamble; 1988 Code Part VI T.60]
Pursuant to N.J.S.A. 40:48-2, Summit has the power to adopt ordinances necessary and proper for the protection of persons and property and the preservation of the public health, safety and welfare. The Common Council finds, for the purpose of responding to all waste emergencies occurring in the future, that it requires the adoption of procedures for the implementation and enforcement of water use regulations in Summit in order to protect the residents, businesses and property and to preserve the public health, safety and welfare.
[Ord. No. 2061; 1988 Code Part VI T.60 § 1]
Whenever the Common Council shall be satisfied and finds that a water emergency exists in Summit, it may adopt a resolution declaring that a water emergency exists in Summit. Such resolution shall be adopted by the Common Council at any regular, special, adjourned or emergency public meeting of the Common Council. Such resolution shall identify that portion of Summit affected by the water emergency, which may include the entire City and shall specify which of the water use regulations contained in subsection 24-1.3 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immediately upon publication according to law and shall continue in effect for ninety (90) days, unless extended or repealed as set forth in subsection 24-1.4. For the purpose of this paragraph, a water emergency shall exist if, for any of the following reasons:
The public utility providing water service to all or a portion of Summit has adopted water use restrictions, has notified Summit, 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
The Common Council is otherwise satisfied that a water emergency exists in Summit.
[Ord. No. 2061; 1988 Code Part VI T.60 § 2]
Upon adoption by the Common Council of a resolution declaring that a water emergency exists in Summit in accordance with subsection 24-1.2, 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:
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, or
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 thirty-first day of any month during the water emergency; or
Any other water use restriction specified by the Common Council in the resolution required by subsection 24-1.2 which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this paragraph shall be limited in application to that portion of Summit, which may include the entire City, identified as being affected by the water emergency in the resolution of the Common Council adopted in accordance with subsection 24-1.2.
[Ord. No. 2061; 1988 Code Part VI T.60 § 3]
The resolution of the Common Council required by subsection 24-1.2 shall, in addition to complying with subsection 24-1.2, 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 Common 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 Common Council shall be satisfied that the water emergency continue to exist, it may adopt a resolution in accordance with the requirements of this section continuing the water use restrictions.
[Ord. No. 2061; 1988 Code Part VI T.60 § 4]
The water use restrictions imposed pursuant to this section 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 subsection 24-1.6. 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 section.
[Ord. No. 2061 § 5; 1988 Code Part VI T.60 § 5]
After a first offense in accordance with subsection 24-1.5, any person or business who thereafter violates the water use restrictions imposed pursuant to this section shall be fined or imprisoned in accordance with this subsection. For a second offense, the fine imposed shall be five hundred ($500.00) dollars or imprisonment for ten (10) days or both. For a third and subsequent offense, the fine imposed shall be one thousand ($1,000.00) dollars or imprisonment for thirty (30) days or both.