[Added 12-13-2021 by Ord.
No. 2021-35]
Protracted periods of uncontrolled growth in neighboring municipalities,
combined with high temperatures and limited rainfall have caused excessive
demands upon the water system of the water company serving the municipality
of Princeton (hereinafter referred to as the "Water Company"). These
demands have created emergency conditions causing imminent peril to
health and safety. These emergency conditions are at least partially
attributable to the excessive use of water during the spring, summer
and fall months through the sprinkling of lawns, filling of swimming
pools, car washing and other similar uses, not related to the use
of water for domestic and sanitary purposes and fire protection. Such
non-essential use of water has caused a serious reduction in adequate
pressure in the water distribution system serving residents of the
municipality. In the interest of health, safety and welfare of the
inhabitants of the municipality, it is necessary to take all reasonable
precautions and measures promptly to conserve water and maintain such
water pressure as is necessary for sanitary, domestic and fire-fighting
purposes.
[Added 12-13-2021 by Ord.
No. 2021-35]
In case of an emergency where the available supply of water becomes dangerously low, the mayor, or in his or her absence, the acting mayor, is hereby authorized to declare the existence of a water emergency. The declaration of emergency shall state that an emergency exists requiring the implementation of such measures for the conservation of water for domestic and sanitary purposes and fire protection as are specified in Section B35-3.
[Added 12-13-2021 by Ord.
No. 2021-35]
(a)
The declaration of emergency shall specify whether the emergency
is one requiring full curtailment or partial curtailment of outdoor
water usage as defined herein.
(1)
"Full curtailment of outdoor water usage" shall mean an absolute
prohibition of the use of water from the water company, including
but not limited to, the sprinkling of shrubs and lawns, filling of
swimming pools, car washing and other related uses until the emergency
shall be terminated by declaration.
(2)
"Partial curtailment of nonessential water usage" shall mean
the prohibition of the use of water from the water company, including
but not limited to, the sprinkling of lawns, filling of swimming pools,
car washing and other related uses or any of the foregoing on certain
days of the week and/or during certain hours of the day. The terms
of the partial curtailment shall be set forth in the declaration.
(b)
In the case of any such emergency declaration as is described herein,
the terms of the curtailment may be modified by amendment from time
to time based on any change in emergent conditions.
[Added 12-13-2021 by Ord.
No. 2021-35]
Immediately following the passage of any emergency declaration
hereinbefore described, a copy of the declaration shall be published
in official newspapers circulated in the municipality and posted in
the municipal building.
[Added 12-13-2021 by Ord.
No. 2021-35]
The declaration of an emergency shall be conclusive of the fact
of the existence of such emergency and shall be binding upon all persons
and users upon the filing of the same in the office of the municipal
clerk and the publication thereof in all newspapers circulated in
the municipality.
[Added 12-13-2021 by Ord.
No. 2021-35]
The declaration of a water emergency shall continue in full
force and effect, for a period of 30 days, unless terminated earlier
by the Mayor, or in his or her absence, the acting mayor. Any declaration
of water emergency may be extended beyond 30 days through resolution
by the Mayor and Council.
[Added 12-13-2021 by Ord.
No. 2021-35]
During the water emergency, all premises receiving water from
the water company system shall be subject to inspection between sunrise
and sunset by the water company personnel or any other person duly
authorized and appointed by the municipality or water company to perform
inspections to oversee compliance during the water emergency. It shall
be a violation of this article for any person to hinder, obstruct,
delay, resist or prevent any such inspection as is described herein.
Nothing herein shall be deemed to limit the power of the police department
to conduct a search of any premises at any time when they have probable
cause to believe that a violation of this section has been committed.
[Added 12-13-2021 by Ord.
No. 2021-35]
It shall be a violation of this article for any person to use
water from the water company distribution system at any time during
the water emergency in a manner prohibited by any declaration issued
pursuant to this article.
[Added 12-13-2021 by Ord.
No. 2021-35]
In the event that there is on any premises a continuing usage
of water from the water company distribution system by any person
in a manner prohibited by any declaration issued pursuant to this
article, such continuing usage is hereby declared to be a health hazard.
The owner, occupant and/or operator of the premises whereon the violation
is occurring shall first receive an oral warning if any such owner,
occupant and/or operator or the agent or employee of any of same is
actually on the premises. If no such person is present a written notice
shall be posted on the premises. If, after the passage of one hour
from the delivering or posting of such notice, the health hazard has
not been abated, any authorized employee of the municipality, including
appropriate personnel from the Princeton Fire Department or the water
company, is hereby authorized to enter upon the premises to abate
the health hazard. Thereafter, the municipality or water company,
as the case may be, shall assess the costs of such abatement against
the owner, operator and/or occupant of the premises.
[Added 12-13-2021 by Ord.
No. 2021-35]
[Added 12-13-2021 by Ord.
No. 2021-35]
In accordance with the provisions of N.J.S.A. App. A:9-40.5,
whenever Princeton's municipal emergency management coordinator,
in consultation with or at the request of the chief of police, shall
determine that a state of local disaster emergency within the municipality
exists, or will exist, as a result of mob action, riots or other civil
disobedience which may cause, or is causing, danger of injury to or
damages to persons or property, said coordinator shall have power
to impose by proclamation, regulations necessary to preserve the peace
and order of the municipality.
[Added 12-13-2021 by Ord.
No. 2021-35]
(a)
A curfew may be imposed upon all or any portion of the municipality
thereby requiring all persons in such designated curfew areas to forthwith
remove themselves from the public streets, alleys, parks or other
public places or lands abutting the same; provided, however, that
physicians, nurses and ambulance operators performing medical services,
utility personnel maintaining essential public services, firefighters
and municipally-authorized or requested law enforcement officers and
personnel may be exempted from such curfew.
(b)
The closing of any business establishments anywhere within the municipality
for the period of the emergency or such other limitations on business
activities or sales as may be necessary may be imposed.
(c)
Any public street, thoroughfare or vehicle parking areas may be closed
to motor vehicles and pedestrian traffic.
(d)
Regular and auxiliary law enforcement agencies and organizations
within or without the municipality may be called upon to assist in
preserving and keeping the peace within the municipality.
(e)
Such other similar rules and regulations as may be necessary to implement
and carry out emergency control operations and to protect the health,
safety and welfare of the citizens and residents of the municipality
may be imposed.
[Added 12-13-2021 by Ord.
No. 2021-35]
The proclamation of emergency provided herein shall become effective
upon its issuance and dissemination to the public.
[Added 12-13-2021 by Ord.
No. 2021-35]
Any rules and regulations proclaimed hereunder shall remain
in full force and effect until amended by the municipal emergency
management coordinator.
[Added 12-13-2021 by Ord.
No. 2021-35]
The violation of the rules or regulations proclaimed hereunder,
or of an order imposed pursuant to said rules or regulations, shall
be punishable by one or more of the following: a fine not exceeding
$2,000, imprisonment for a period not to exceed 90 days; or performance
of community service for a period not exceeding 90 days.
[Added 12-13-2021 by Ord.
No. 2021-35]
These powers shall be pursuant to, and not in contravention
of, the authority given to the municipal disaster control-civil defense
director under N.J.S.A. App. A:9-40.5. In the event of a conflict
between this article and the provisions of N.J.S.A. App. A:9-40.5,
the latter shall prevail.
