[Ord. No. 89-14, Preamble]
Pursuant to N.J.S.A. 40:48-2, the Borough of Tenafly 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 Mayor and Borough Council find, 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 Borough in order to protect the residents,
businesses and property and to preserve the public health, safety
and welfare.
[Ord. No. 89-14 § 1]
Whenever the Mayor and Borough Council shall be satisfied and find that a water emergency exists in the Borough, it may adopt a resolution declaring that a water emergency exists in the Borough. Such resolution shall be adopted by the Mayor and Borough Council at any regular, special, adjourned or emergency public meeting of the Borough Council. Such resolution shall identify that portion of the Borough affected by the water emergency, which may include the entire Borough, and shall specify which of the water use regulations contained in subsection 17-1.3 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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in subsection 17-1.4. For the purpose of this subsection, a water emergency shall exist if, for any of the following reasons:
a.
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
b.
The Mayor and Borough Council are otherwise satisfied that a water
emergency exists in the Borough.
[Ord. No. 89-14 § 2]
Upon adoption by the Mayor and Borough Council of a resolution declaring that a water emergency exists in the Borough in accordance with subsection 17-1.2, 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:
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 thirty-first
day of any month during the water emergency; or
c.
Any other water use restriction specified by the Mayor and Borough Council in the resolution required by subsection 17-1.2 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 Borough, which may include the entire Borough, identified as being affected by the water emergency in the resolution of the Mayor and Borough Council adopted in accordance with subsection 17-1.2.
[Ord. No. 89-14 § 3]
The resolution of the Mayor and Borough Council required by subsection 17-1.2 shall, in addition to complying with subsection 17-1.2, 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 Mayor and 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 Mayor and 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. 89-14 § 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 17-1.6. 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.
