[Amended 8-17-1999 by Ord. No. 13-99]
Whenever the governing body shall be satisfied and finds that a water emergency exists in the Borough by reason of drought or otherwise, it may adopt a resolution declaring that a water emergency exists in the municipality. 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 affected by the water emergency, which may include the entire Borough, and shall specify which of the water use restrictions contained in § 244-46 of this article are 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to law and shall continue in effect for the balance of the calendar year in which such resolution was adopted unless repealed as set forth in this article. 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 and
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; or
B.
The governing authority is otherwise satisfied that
a water emergency exists in the Borough.
A.
Upon adoption by the governing body of a resolution declaring that a water emergency exists in the Borough in accordance with § 244-45 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:
(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.
(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.
B.
The governing body may exempt athletic fields and
nurseries in whole or part at its discretion.
C.
Any water restriction imposed pursuant to this section shall be limited in application to that portion of the Borough, which may include the entire Borough, identified as being affected by the water emergency in the resolution of the governing body adopted in accordance with § 244-45 of this article.
D.
Permanent water use restrictions.
[Added 7-18-2000 by Ord. No. 18-00]
(1)
Outside water usage is permanently restricted to 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.
(2)
This restriction shall not apply to athletic fields
and nurseries.
The resolution of the governing body required by § 244-45 of this article shall, in addition to complying with § 244-45, 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 a local authorized official and/or the Police Department. 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 a second and third offense as provided by § 244-49 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 and/or the Police Department is hereby empowered to write summonses of the violation of the water use restrictions imposed pursuant to this article.
