Borough of Madison, NJ Chapter 191 Water Emergencies

[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 12-11-1989 by Ord. No. 47-89; amended in its entirety 11-10-1997 by Ord. No. 23-97. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Water — See Ch. 190.

§ 191-1 Annual water restrictions.

A. Voluntary restrictions. During the months of June, July and August of each year, all residents, tenants and businesses of the borough are requested to observe the following voluntary water use restrictions:

(1) Indoor conservation measures.

(2) Outdoor use for lawn and shrub watering, car washing, driveway and sidewalk washing shall be restricted to alternate days, with usage allowed on even-numbered days for those residents or businesses whose dwelling, building or box number are even and on odd-numbered days for those residents or businesses whose dwelling, building or box number are odd. Such water use shall be done only from 12:01 a.m. to 8:00 a.m. and from 8:00 p.m. to 12:00 midnight on the allowed days. There should be no such outdoor water usage on the 31st day of July or August.

[Amended 8-23-1999 by Ord. No. 27-99]

B. Mandatory restrictions. The Borough Administrator shall declare the water restrictions set forth in § 191-1A(2) of this chapter to be mandatory whenever the Borough Water Utility Operator determines that such is appropriate based on one of the following conditions:

(1) That 3,500,000 gallons of water per day are used for seven consecutive days;

(2) That any borough well level drops six feet or more from a normal level of 34 feet within a one-month period or less; or

(3) When in the opinion of the Borough Water Utility operator these restrictions are necessary to maintain a sufficient water level in the borough water tanks for customer use and firesafety.

C. Exempt businesses. The following types of businesses or organizations shall be exempt from water use restrictions to the extent necessary to operate their business: nurseries, garden centers, car washes and the Madison Golf Course. The Borough Council may, however, impose water restrictions upon such businesses or organizations by adoption of a resolution so specifying.

[Added 8-23-1999 by Ord. No. 27-99]

§ 191-2 Declaration of emergency.

In addition to the restrictions set forth in S 191-1 of this chapter, whenever the Borough Council shall be satisfied and finds 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 Borough Council at any regular, special, adjourned or emergency public meeting of the Borough Council. Such resolution shall specify which of the water use regulations contained in § 191-3 of this chapter 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 § 191-4 of this chapter. For the purpose of this section, 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.

B. The governing authority is otherwise satisfied that a water emergency exists in the municipality.

§ 191-3 Water use restrictions.

Upon adoption by the Borough Council of a resolution declaring that a water emergency exists in the borough in accordance with § 191-2 of this chapter, 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;

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. Such water use shall be done only from 12:01 a.m. to 8 a.m. and from 8:00 p.m. to 12 midnight on the allowed days.

[Amended 8-23-1999 by Ord. No. 27-1999]

C. Any other water use restriction specified by the Borough Council in the resolution required by § 191-2 of this chapter which is reasonable under the circumstances considering the nature and extent of the water emergency.

§ 191-4 Duration of restrictions.

A. The declaration of mandatory water restrictions by the Borough Administrator required by § 191-1 of this chapter and the resolution of the Borough Council required by § 191-2 of this chapter shall, in addition to complying with § 191-1 or 191-2, 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.

B. At the expiration of the time period specified, the water use restriction shall lapse and be inapplicable and unenforceable.

C. If the Borough Council shall be satisfied that the water emergency has been abated prior to the expiration of the time period specified in their resolution or by declaration of the Borough Administrator, it shall adopt a resolution declaring the water emergency ended and the water use restrictions inapplicable.

D. If, at the expiration of the time period specified, the Borough Council shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this chapter continuing the water use restrictions.

§ 191-5 Enforcement of restrictions.

A. The water use restrictions imposed pursuant to this chapter shall be enforced by the Police Department of the Borough of Madison.

B. Whenever the Madison Police Department shall find a violation of the water use restrictions, it shall give the violator a written warning and explain the penalties for a second and third offense as provided by § 191-6 of this chapter.

C. The Madison Police Department 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 Madison Police Department is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this chapter.

§ 191-6 Violations and penalties.

[Amended 5-8-2006 by Ord. No. 19-2006]

After a first offense in accordance with § 191-3 of this chapter, any person or business who thereafter violates the water use restrictions imposed pursuant to this chapter 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 $2,000 or imprisonment for 90 days, or both.