Swimming pools — See Ch. 78.
ARTICLE IWater Emergencies (§ 89-1 — § 89-5)
§ 89-1Declaration of emergency.
§ 89-2Water use restrictions.
§ 89-3Duration of water use restrictions.
§ 89-4Enforcement of restrictions.
§ 89-5Violations and penalties.
Whenever the Mayor and Council shall find that a water emergency exists in the Borough of Washington, it may adopt a resolution declaring that a water emergency exists in the municipality. Such resolution shall be adopted by the Mayor and Council at any regular, special or emergency public meeting of the governing body. Such resolution shall identify that portion 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 § 89-2 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be effective immediately upon publication according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 89-3 of this article. For the purpose of this section, a water emergency shall be declared if all of the following conditions are met:
The public utility providing water service to all or a portion of the municipality has adopted water use restrictions, 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, federal or local agency entitled to notice of such restrictions, and such restrictions are not overruled or declared invalid by any federal, state, county or local agency having the jurisdiction and power to do so.
The Mayor and Council is satisfied that a water emergency exists in the municipality.
Upon adoption by the Mayor and Council of a resolution declaring that a water emergency exists in the municipality in accordance with § 89-1 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.
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;
Outside water usage of alternate days allowing outside water usage by persons or business 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
Any other water use restriction specified by the governing body in the resolution required by § 89-1 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 subsection shall be limited in application to that portion of the municipality, which may include the entire municipality, identified as being affected by the water emergency in the resolution of the Mayor and Council adopted in accordance with § 89-1 of this article.
The resolution of the governing body required by § 89-1 of this article shall, in addition to complying with § 89-1, 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 if 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 Borough. If a police officer shall find a violation of the water use restrictions, such officer shall give the violator a written warning and explain the penalties for a second and third offense as provided by § 89-5 of this article. The Borough Police 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 Borough Police 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 § 89-4 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 subsection. For a second offense, the fine imposed shall be no greater than $500 or imprisonment of not more than 45 days, or both. For a third and subsequent offense, the fine imposed shall be no greater than $1,000 or imprisonment for 90 days, or both.