[R.O. 1966 C.S. § 25:1A-1]
This chapter shall be known and cited as the Newark Water Conservation Ordinance.
[R.O. 1966 C.S. § 25:1A-2]
The purpose of this chapter is to reduce the consumption of water in the City during a declared water emergency and to assure that water resources will remain available for the public benefit with particular regard for public health, fire protection and domestic use.
[R.O. 1966 C.S. § 25:1A-3]
The provisions of this chapter shall become operative when a water emergency is declared by the Governor of the State of New Jersey or the Mayor of the City, and shall remain operative during the pendency of the water emergency until the declared water emergency is rescinded.
[R.O. 1966 C.S. § 25:1A-4; Ord. 6PSF-F, 6-15-2016]
a. 
Water supplied to users by the City shall not be used for any purpose declared to be nonessential, and the following uses are strictly prohibited while the ordinance is in effect:
1. 
Watering of lawns, shrubs, landscaped areas, trees, garden or vegetation of any type.
2. 
Water or washing of sidewalks, driveways, streets, parking areas, tennis courts or other exterior paved areas. The Department of Public Works, Division of Sanitation, shall utilize water from a nonpotable source for street cleaning.
3. 
Noncommercial washing of privately owned motor vehicles, trailers or boats.
4. 
Use of water supplied by the City for public or private pools.
5. 
Serving water in restaurants, clubs or public eating places, unless specifically requested by the customer.
6. 
Use of water supplied by the City, by any person for the purpose of dust control or compaction.
7. 
Use of water supplied by the City utilized in any garbage grinder.
b. 
No person shall permit, allow, or fail to repair, any leak of potable water which exists, or in the future shall exist, in any plumbing system, pipe or fixture maintained on the property of that person.
[R.O. 1966 C.S. § 25:1A-5]
a. 
Fire hydrants located within the City shall be utilized as a means of fighting or prevention of fires, and for no other purpose.
b. 
No fire hydrant opening permits shall be issued by the Newark Sewers and Water Supply Division or any other City agency, for any temporary water service connections.
c. 
No person shall tamper with or willfully damage any part of a hydrant or water distribution system apparatus, or operate the curb cock or valves, or the main cocks, gates, valves, hydrants or other appurtenances of the water distribution system in the City.
d. 
No fire hydrant shall be opened or utilized for any recreational activity or purpose within the City.
[R.O. 1966 C.S. § 25:1A-6]
a. 
New connections to the City water system, during the period when this chapter is effective, are prohibited except as provided in this section as follows:
1. 
Connections which are the subject of agreements prior to the date on which a water emergency is declared, provided, however, no water shall be used for landscaping or any other purpose prohibited by this chapter during such water emergency.
2. 
Fire service protection or new fire hydrants.
b. 
The City may continue to process applications for water service, during the period that this chapter is operative, provided the applicant therefor acknowledges in writing that such processing shall be at the sole risk and expense of the applicant, and any approval shall confer no right upon the applicant or anyone else while the provisions of this chapter are operative, and provided further that the applicant, in writing, releases the City from any and all claims for damages arising out of, or in any way connected with, the failure of the City to authorize new connections during the period when this chapter is in operation.
c. 
When a declared water emergency is rescinded, the City shall make connections to its water system in accordance with its regulations and the terms of connection agreements for all applications approved pursuant to paragraph b of this section.
d. 
Nothing contained herein shall prohibit or restrict any modification, relocation or replacement of an existing connection to the City water supply system, provided that the Director of the Department of Water and Sewer Utilities determines that the demand upon the City's water supply will not thereby be increased.
[R.O. 1966 C.S. § 25:1A-7]
a. 
Every user of water supplied by the City shall install water conservation devices to reduce the quantity of water required to flush toilets and to reduce the flow rate of showers and faucets as provided hereinbelow:
1. 
Flow restrictors shall be installed in all showerheads and faucets by the owner or tenant of the premises, except when the plumbing fixtures are not compatible with flow restrictors, or any other water saving device available on the commercial market.
2. 
Toilet dams, weighted plastic bottles or a comparable substitute shall be installed in every commercial, residential and public toilet.
3. 
Any apparatus or device connected to the water system of the City which requires a continuous flow of five gallons per minute or more shall be equipped with a water recycling system approved by the Director of the Department of Water and Sewer Utilities.
b. 
The City shall not supply water to any hotel, motel or motor lodge that has not installed toilet tank inserts and flow restrictors in each faucet and showerhead, if the amount of water used exceeds the following amounts:
1. 
Toilets: 3 gallons per flush.
2. 
Faucets: 2.75 gallons per minute.
3. 
Showerheads: 2.75 gallons per minute.
[R.O. 1966 C.S. § 25:1A-8]
a. 
The owner or occupant of a property located within the City that is supplied with water from a well shall contact the Department of Water and Sewer Utilities within 30 days after the effective date of this chapter, or in the case of new wells, within 30 days after the well is in use, and register the well and address thereof on forms to be supplied by the Department.
b. 
The owner or occupant of property located within the City that is supplied with water from a well shall also post and maintain, or cause to be posted and maintained, in a conspicuous place thereon, a sign giving public notice of the existence of a well.
[R.O. 1966 C.S. § 25:1A-9]
Application for a variance from the provisions of this chapter shall be made, in writing, to the Director of the Department of Water and Sewer Utilities. The Director may, in his/her discretion, grant a variance to permit a use of water, otherwise prohibited by this chapter, only if the Director determines that the variance is reasonably necessary to protect the public health and safety.
[R.O. 1966 C.S. § 25:1A-10]
If any clause, sentence, subparagraph, section or part of this chapter is held invalid, inoperable, void or unconstitutional by a court of competent jurisdiction, such determination, order or judgment shall not affect, impair or invalidate the remaining portion of the chapter, but shall be confined in its operation to the clause, sentence, subparagraph, section or part thereof directly involved in the controversy in which the determination, order or judgment shall have been rendered.
[R.O. 1966 C.S. § 25:1A-11]
Any person who violates any of the provisions of this chapter while the same is operative pursuant to Section 33:2-3 above shall be liable for a fine not exceeding $500, or imprisonment for a term not exceeding 90 days, or both, as provided by N.J.S. 40:49-27. An offense under Section 33:2-4, 33:2-5 or 33:2-7, or any subsection or subpart thereof shall be deemed to have been committed on each day during or on which a separate violation occurs.