[Adopted by Ord. No. 837-1989 (Sec. 17-21 of the 1997 Revised General Ordinances)]
Whenever the City Council shall be satisfied and finds that a water emergency exists in the municipality, it may adopt a resolution declaring that a water emergency exists in the City. Such resolution shall be adopted by the City Council at any regular, special, adjourned or emergency public meeting of the governing body. Such resolution shall identify that portion or portions of the municipality affected by the water emergency, which may include the entire municipality, and shall specify which of the water use regulations contained in § 510-37 below 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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 510-38 below. For the purpose of this article, a water emergency shall exist for any of the following reasons:
A. 
Any public utility providing water service or any municipal utility providing water service to all or a portion of the City has adopted water use restrictions, has notified the municipality, 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 City Council is otherwise satisfied that a water emergency exists in the municipality; or
[Amended 6-21-2022 by Ord. No. 465-2022]
C. 
Any supply or receipt of water pursuant to any water interconnect agreement with the Lower Township Municipal Utilities Authority will be considered an emergency condition.
[Added 6-21-2022 by Ord. No. 465-2022]
A. 
Upon adoption by the City Council of a resolution declaring that a water emergency exists in the City in accordance with § 510-36 above, 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:
(1) 
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
(2) 
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
(3) 
Any other water use restrictions specified by the governing body in the resolution required by § 510-36 above which is reasonable under the circumstances considering the nature and extent of the water emergency.
B. 
Any water restriction imposed pursuant to this section shall be limited in application to that portion of the City, which may include the entire City, identified as being affected by the water emergency in the resolution of the City Council adopted in accordance with § 510-36 above.
The resolution of the City Council required by § 510-36 above shall, in addition to complying with § 510-36, 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 City 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 City Council shall be satisfied that the water emergency continues to exist, it may adopt a resolution in accordance with the requirements of this article continuing the water use restrictions.
A. 
The water use restrictions imposed pursuant to this article shall be enforced during a water emergency by:
(1) 
The Superintendent of the Water and Sewer Utility, the herein-designated local authorized official.
(2) 
In the absence or disability of the Superintendent of the Water and Sewer Utility, then by the Assistant Superintendent in charge of the Water and Sewer Utility.
(3) 
Any law enforcement officer of the City of Cape May.
B. 
When the local authorized official or other enforcement official designated herein shall find a violation of the water use restrictions, such enforcement official shall give the violator a written warning and explain the penalties for a second and third offense as provided by § 510-40 below. 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. Any enforcement official issuing a warning shall forthwith transmit a record of such warning to the local authorized official so that an appropriate record can be maintained as required by this article. The local authorized official and other enforcement officials designated herein are hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this article.
After a first offense, in accordance with § 510-39 above, any person or business which thereafter violates the water use restrictions imposed pursuant to this article shall, upon conviction, be subject to the following:
A. 
First offense. Written warning in accordance with § 510-39 above.
B. 
Second offense. A fine in the minimum amount of $100 and in the maximum amount of $500 or imprisonment for a term not to exceed 10 days, or both. In addition, an appropriate term of community service may be imposed by the court.
C. 
Third and subsequent offense. A fine in the minimum amount of $100 and in the maximum amount of $1,000 or imprisonment for a term of 30 days, or both. In addition, an appropriate term of community service may be imposed by the court.
Nothing contained in this article shall be construed as prohibiting or precluding the issuance of multiple complaints for a violation of this article, notwithstanding the fact that such multiple complaints may issue on the same date, where the action or conduct of the perpetrator undertaken in violation of this article is of a continuing or ongoing or repetitive nature such as where the violator refused to cease the activity which is carried out in violation of this article. Under such circumstances, the local authorized official may, in his discretion, issue or cause to be issued a complaint for each hour that the offending activity continues in existence in violation of this article; provided, however, that where multiple complaints are to issue, at least one hour shall intervene between the issuance of multiple complaints.
[Amended 6-21-2022 by Ord. No. 465-2022]
It shall be the duty of the City Manager and the Superintendent of the Water and Sewer Utility to immediately notify City Council, and the members thereof, of the existence of any facts or circumstances which give rise or are likely to give rise to the existence of a water emergency such that a declaration of water emergency should be called pursuant to this article and restrictions on water usage imposed pursuant to § 510-36 above. Such information shall be communicated by the City Manager, Superintendent of the Water and Sewer Utility, or other official designated herein to the City Council and the individual members thereof by the most expedient means available and by notifying the City Clerk.