[HISTORY: Adopted by the governing body of the Township of Little
Falls as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-1995 by Ord. No. 753 as Sec. 20-1 of the 1995 Revised
General Ordinances; amended in its entirety at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
A.
Voluntary water restrictions. During the months of June,
July and August of each year, all Township residents, tenants and businesses
are requested to observe the following 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 is even and on odd-numbered days for those
residents or businesses whose dwelling, building or box number is 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 July 31 or August 31.
B.
Mandatory water restrictions. The Mayor shall declare the water restrictions set forth in Subsection A(2) of this section to be mandatory whenever the Municipal Water Department or any public utility providing water service to all or a portion of the Township determines that such water restrictions are appropriate.
C.
Exempt businesses. The following types of businesses
or organizations shall be exempt from water use restrictions to the extent
necessary to operate their businesses: nurseries, garden centers and car washes.
The governing body may, however, impose water restrictions upon such businesses
or organizations by adoption of a resolution specifying such restrictions.
In addition to the restrictions set forth in § 273-1 of this article, whenever the governing body is satisfied and finds that a water emergency exists in the Township of Little Falls, it may adopt a resolution declaring that a water emergency exists in the Township. Such resolution shall be adopted by the governing body at any regular, special, adjourned or emergency public meeting of the governing body. Such resolution shall identify that portion of the Township affected by the water emergency, which may include the entire Township, and shall specify which of the water use regulations contained in § 273-3 of this article 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 § 273-5 of this article. For the purpose of this section, a water emergency shall exist if, for any of the following reasons:
A.
The Municipal Water Department or any public utility
providing water service to all or a portion of the Township has adopted water
use restrictions, has notified the Township Clerk, 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 Township governing body is otherwise satisfied that
a water emergency exists in the municipality.
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the Township in accordance with § 273-2 of this article, 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 or organizations, 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 motor vehicles; and/or
B.
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 is even and on odd-numbered days for those
residents or businesses whose dwelling, building or box number is 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; and/or
In addition to any water use restrictions set forth in a resolution
adopted by the governing body declaring a water emergency, every owner, lessee,
tenant and occupant of any building or premises connected with and using water
from any water supply which services the residents of the Township and every
person using the water supply shall comply with the following regulations
during a declared water emergency:
A.
Maintenance of water service pipes, fixtures and connections
in good order and repair, whereby there shall be no waste of water.
B.
Completion of all necessary repairs to prevent the waste
of water.
C.
Immediate notification to the owner or the agent of the
owner of any defective waste service pipes, fixtures or connections, whereby
water is being wasted.
D.
Immediate notification to the Township Clerk or Police
Department and water company representative of any waste occurring by reason
of defective water service pipes, fixtures or connections.
E.
Admit any authorized agents and/or employees of the Township
or water company on any premises in the Township at all reasonable hours in
order that the agents and employees may inspect the water service pipes, fixtures
and connections.
F.
Otherwise comply with all provisions in this section
and the water use restrictions and other regulations promulgated under any
declaration of emergency adopted by the governing body.
A.
The declaration of mandatory water restrictions by the Mayor required by § 273-1 of this article and the resolution of the governing body required by § 273-2 of this article shall, in addition to complying with §§ 273-1 and 273-2, 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 restrictions shall lapse and be inapplicable and unenforceable.
C.
If the governing body shall be satisfied that the water
emergency has been abated prior to the expiration of the time period specified
in its resolution or by declaration of the Mayor, 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
governing body 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.
The water use restrictions imposed pursuant to this article shall be
enforced during a water emergency by such local official authorized by the
governing body, including the Township Police Department. Whenever a local
authorized official or Township Police Department shall find a violation of
the water use restrictions, such authorized official or Township police officer
shall give the violator a written warning and explain the penalties for a
second and third offense as provided for in § 237-7 of this article.
The local authorized official or Township 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
local authorized official or the officers of the Township Police Department
are hereby empowered to write summonses for the violation of water use restrictions
imposed pursuant to this article.
After a first offense in accordance with § 273-6 of this article, any person or business who thereafter violates the water use restrictions imposed pursuant to this article shall be fined or imprisoned in accordance with this section. For a second offense, the penalty imposed shall be $500 or imprisonment for 10 days, or both. For a third and subsequent offense, the penalty imposed shall be $1,000 or imprisonment for 30 days, or both.
