[HISTORY: 1968 Code Chapter 80B §§ 80B-1 — 80B-5 as amended through 12-28-2015. Amendments noted where applicable.]
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Whenever the Board of Commissioners shall be satisfied and finds that a water emergency exists in the Borough of Wildwood Crest, it shall adopt a resolution declaring that a water emergency exists in the Borough of Wildwood Crest. Such resolution shall be adopted by the Board of Commissioners at any regular, special, or emergency public meeting of the Board of Commissioners. Such resolution shall identify and shall determine the local authorized official for enforcement as designated by the Director of Public Safety and shall identify that area of the Borough of Wildwood Crest affected by such water emergency, which area may include the entire Borough of Wildwood Crest and shall specify which of the water use regulations contained in § 80B-2, Water use restrictions, is being imposed, as well as any exemptions which are 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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 80B-3, Duration of restrictions. For the purpose of this paragraph, a water emergency shall exist if any of the following facts are present:
A. 
The City of Wildwood Water Utility has adopted water use restrictions, has notified the Borough of Wildwood Crest, 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, that the same exists and such restrictions are not overruled or declared invalid by any state, county or local agency having the power to do so; or
B. 
The Board of Commissioners is otherwise satisfied that a water emergency exists in the Borough of Wildwood Crest.
In the case that the Board of Commissioners shall adopt a resolution declaring that a water emergency exists in the Borough of Wildwood Crest in accordance with § 80B-1, Declaration of water emergency, 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; or
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; or
C. 
Any other water use restriction specified by the Board of Commissioners in the resolution required by § 80B-1 of this ordinance 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 of Wildwood Crest, which may include the entire Borough of Wildwood Crest, identified as being affected by the water emergency in the resolution of the Board of Commissioners adopted in accordance with § 80B-1 of this ordinance.
The resolution of the Board of Commissioners required by § 80B-1 of this ordinance shall, in addition to complying with § 80B-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 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 Board of Commissioners 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 Board of Commissioners shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this ordinance continuing the water use restrictions.
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The water use restrictions imposed pursuant to this ordinance shall be enforced during a water emergency by the local authorized official, who shall be designated by the Director of Public Safety in any such resolution adopted by the Board of Commissioners declaring the water emergency. 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 § 80B-5, Violations and penalties, of this ordinance. 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 ordinance.
After a first offense in accordance with § 80B-4 hereof, any person or business who thereafter violates the water use restrictions imposed pursuant to this ordinance shall be fined or imprisoned in accordance with this section. 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.