[Ord. No. 260, Preamble]
Whereas, pursuant to N.J.S.A. 40:48-2, the municipality 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 Governing Body finds, for the purpose of responding to all water emergencies occurring in the future, that it requires the adoption of procedures for the implementation and enforcement of water use regulations in the municipality in order to protect the residents, businesses and property and to preserve the public health, safety and welfare.
[Ord. No. 260 § 1]
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 a 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 subsection 15-1.3 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be effective immediately upon publication according to law and shall continue in effect of 90 days, unless extended or repealed as set forth in subsection 15-1.4. 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 Borough 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; or
The governing authority is otherwise satisfied that a water emergency exists in the Borough.
[Ord. No. 260 § 2]
Upon adoption by the Governing Body of a resolution declaring that a water emergency exists in the municipality in accordance with subsection 15-1.2, 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 Governing Body in the resolution by subsection 15-1.2 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 Governing Body adopted in accordance with subsection 15-1.2.
[Ord. No. 260 § 3]
The resolution of the Governing Body required by subsection 15-1.2 shall, in addition to complying with subsection 15-1.2, 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 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 section continuing the water use restrictions.
[Ord. No. 260 § 4; New; Ord. No. 2010-5]
The water use restrictions imposed pursuant to this section shall be enforced during a water emergency by the Code Enforcement Officer and the Police. 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 the General Penalty Clause, Section 1-5. 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.