[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Berlin as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-16-1989 by Ord. No. 89-27]
Upon the finding by the governing body that a water emergency exists within the Borough of Berlin, said governing body may adopt a resolution declaring such a fact and the reasons therefor. Said resolution shall identify that portion or portions of the municipality affected by the water emergency. Furthermore, the resolution shall specify the applicable water use restrictions, set forth in § 327-2 of this article. The resolution shall become effective upon the adoption thereof and shall continue in effect for a period of 90 days, unless extended, repealed or otherwise modified as set forth in § 327-3 of this article. A water emergency exists, if:
A.
The public utility providing water service to all
or a portion of the municipality has adopted water use restrictions,
has notified the Borough of Berlin, 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 body is otherwise satisfied that a water
emergency exists in the municipality.
In the event that the governing body declares a water emergency, in accordance with § 327-1 of this article, all citizens shall be urged to observe voluntary indoor conservation measures and must comply with any of the following water use restrictions which were adopted in accordance with the resolution set forth in § 327-1 hereof.
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; or
B.
Outside water usage on alternate days by persons,
firms, establishments or businesses with even numbered addresses on
even numbered days and those having odd numbered addresses on odd
numbered days with outside water usage being completely banned and
prohibited on the 31st day of any month during the water emergency;
or
The resolution of the governing body as required by § 327-1 of this article shall provide a period of time during which the water use restrictions shall be applicable, said restrictions being no longer than reasonably necessary to abate the water emergency. At the expiration of the time period specified in the resolution, the water use restrictions shall lapse. In the event that the governing body is satisfied that the water emergency has been abated prior to the expiration of the time set forth in the resolution, the governing body may adopt a resolution declaring that the water emergency has ended. On the other hand, if, at the expiration of the time period specified in the resolution, the governing body is satisfied that the 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 by any local authorized official. The resolution adopting the water emergency, in accordance with § 327-1 of this article, shall specify the enforcement officials which may be the members of the Borough Police Department or other authorized Borough employees. Whenever a local authorized official shall find a violation of the water use restrictions, said official shall give the violator a written warning for a first offense and explain to the violator the penalty section in this article for any additional offenses. The local authorized official shall keep such records as may be reasonable and necessary for the purpose of determining those who have been issued a warning for first offense. The local authorized officials are hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this article.
After the warning for a first offense as set forth in § 327-4 of this article, any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction thereof, before the Municipal Court of the Borough, be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, in the discretion of the Municipal Judge before whom such defendant shall be convicted. A separate offense may be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 11-24-2003 by Ord. No. 2003-18; amended in its entirety 2-21-2006 by Ord. No. 2006-1]
[Amended 12-1-2008 by Ord. No. 2008-15]
All new construction, whether same be residential, commercial
or industrial, within the Borough of Berlin shall include the installation
of radio-read water meters. The developer is responsible for the installation
of the radio-read water meters. The fees listed below will be charged
for different size meter installation, and such cost shall be the
responsibility of the property owner.
Any person who violates any section of this
article shall be subject to a fine of not more than $2,000, imprisonment
for not more than 90 days and/or a period of community service not
to exceed 90 days. Each day on which a violation occurs shall be considered
a separate offense.
