[HISTORY: Adopted by the Borough Council of the Borough of Bay Head:
Art. I, 12-18-1984 as § 16-1 of the 1984 Code; Art. II, 10-3-1989
as Ord. No. 1989-14. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 195.
[Adopted 12-18-1984 as § 16-1
of the 1984 Code]
The owner of every residential, commercial or industrial building or
structure located within the Borough of Bay Head shall connect the water facilities
of such structure to the public water supply as may be franchised from time
to time to a regulated public water utility.
In no event shall an owner be required to connect to said public water
supply unless there exists a public water main in the street adjacent to the
property upon which the structure is situate or in the public street adjacent
to any easement for ingress and egress to such property as installed by the
franchised public water utility.
It shall be the obligation and responsibility of the franchised public
water utility to lay, extend and maintain water pipes and mains in the streets,
avenues, roads and highways within the Borough of Bay Head for the purpose
of supplying water for residential, commercial and industrial use to the property
owners of and for public fire protection in the Borough of Bay Head to carry
out the terms of this Article.
For a violation of any provision of this Article, the maximum penalty,
upon conviction thereof, shall be a fine not exceeding one thousand dollars
($1,000.) or imprisonment for up to ninety (90) days or a period of community
service not exceeding ninety (90) days, or any combination thereof.
[Adopted 10-3-1989 by Ord.
No. 1989-14]
Whenever the governing body shall be satisfied and finds that a water emergency exists in the Borough of Bay Head, it may adopt a resolution declaring that a water emergency exists in the Borough of Bay Head. 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 Borough of Bay Head affected by the water emergency, which may include the entire Borough of Bay Head, and shall specify which of the water use regulations contained in § 227-6 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immediately upon publication according to law and shall continue in effect for ninety (90) days, unless extended or repealed as set forth in § 227-7 of this Article. For the purpose of this Article, 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 of Bay Head has adopted water use restrictions; has
notified the Borough of Bay Head, 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 governing authority is otherwise satisfied that a
water emergency exists in the Borough of Bay Head.
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the Borough of Bay Head in accordance with § 227-5 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, 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 thirty-first day of any
month during the water emergency; or
C.
Any other water use restriction specified by the governing body in the resolution required by § 227-5 of this Article which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this Article shall be limited in application to that portion of the Borough of Bay Head, which may include the entire Borough of Bay Head, identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with § 227-5 of this Article.
The resolution of the governing body required by § 227-5 of this Article shall, in addition to complying with § 227-5, 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 governing body 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 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 the local authorized official. Whenever a local authorized official shall find a violation of the water use restrictions, such authorized official shall give the violator a written warning and explain the penalties for offenses as provided by § 227-9 of this Article. 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. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this Article.
For an offense in accordance with § 227-9 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 Article. For an offense, the maximum penalty, upon conviction thereof, shall be a fine not exceeding one thousand dollars ($1,000.) or imprisonment of up to ninety (90) days or a period of community service not exceeding ninety (90) days, or any combination thereof.
