[Ord. No. 822 Preamble]
Pursuant to N.J.S.A. 40:48-2, the Borough 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 Borough Council finds it necessary for the purpose of responding to all water emergencies occurring in the future to adopt procedures for the implementation and enforcement of water use regulations in the Borough in order to protect the residents, businesses and property and to preserve the public health, safety and welfare.
[Ord. No. 822 § 1]
Whenever the Borough Council 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 municipality. Such resolution shall be adopted by the Borough Council at any regular, special adjourned or emergency public meeting of the Borough Council. 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 subsection 17-1.3 of this chapter 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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in subsection 17-1.4 of this chapter. For the purpose of this subsection, a water emergency shall exist if, for any of the following reasons:
The public utility providing water service to all or a portion of the municipality has adopted water use restrictions, 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 the jurisdiction and power to do so.
The Borough Council is otherwise satisfied that a water emergency exists in the municipality.
[Ord. No. 822 § 2]
Upon adoption by the Borough Council of a resolution declaring that a water emergency exists in the municipality in accordance with subsection 17-1.2 of this chapter, 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.
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.
Any other water use restriction specified by the Borough Council in the resolution required by subsection 17-1.2 of this section which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this subsection 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 Borough Council adopted in accordance with subsection 17-1.2 of this chapter.
[Ord. No. 822 § 3]
The resolution of the Borough Council required by subsection 17-1.2 of this chapter shall, in addition to complying with that subsection, 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 Borough 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 Borough Council shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this section continuing the water use restrictions.
[Ord. No. 822 § 4]
The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the local authorized official. Whenever such official shall find a violation of the water use restrictions, the official shall give the violator a written warning and explain the penalties for a second and third offense as provided by subsection 17-1.6 of this chapter. The 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 official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this section.
[Ord. No. 822 § 5]
After a first offense in accordance with subsection 17-1.5 of this chapter any person or business who thereafter violates the water use restrictions imposed pursuant to this chapter shall be fined or imprisoned in accordance with this subsection. For a second offense, the fine imposed shall be $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.