[HISTORY: Adopted by Borough Council of Borough of Wenonah
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-23-1990[1]]
[1]
Editor's Note: This ordinance repealed former Article I, Water
Regulations and Rates, adopted 12-4-1913, as amended, and also provided
that it shall take effect January 1, 1991.
There shall be appointed by the Mayor and approved by the Borough
Council at the annual reorganization meeting in January of each year
a committee of three of its members, to be entitled the "Public Works
Committee." Said Committee shall exercise a general superintendency
and shall have charge of the water utility of said borough, to whose
direction the Licensed Operator of Borough Utilities and Superintendent
of Public Works shall conform unless otherwise directed by ordinance
or regulation of Borough Council. The Mayor shall have power to fill
any vacancies which may occur in said Committee. The Mayor shall appoint
one member of this Committee to serve as Chairperson. The Chairperson
also shall serve as liaison between the Committee and the personnel
and activities of the Public Works Department.
The Borough Council reserves the right to change the Water Utility
rules and regulations and the rates for the use of water when deemed
necessary; to make special rates or contracts in all proper cases;
to shut off the water for alterations, extensions and repairs and
to stop and restrict the supply of water whenever it may be found
necessary and to attach meters at any time that they may deem expedient
and to thereafter charge for the quantity of water measured or used
and to make reasonable charge for the use of such meters. Council
reserves the right to enter into contracts with private contractors
for the purpose of new construction, maintenance and/or repairs and
to approve or disapprove such contracts enjoined between a private
citizen and a private contractor with respect to water distribution
and service. Similarly, Council reserves the right to enter into contracts
with other municipalities or private purveyors for the purpose of
either supplying or receiving water for private and/or public consumption.
The Mayor, with the advice and consent of Borough Council, shall
appoint, at the annual reorganization meeting in January, a Licensed
Operator of Borough Utilities (LOBU), who shall be professionally
trained and shall hold a valid license issued by the State of New
Jersey to operate, maintain and oversee the Borough Water Utility.
The said LOBU shall serve for one year from the date of appointment
or until a qualified successor is appointed or unless sooner removed
by Council, which right is expressly reserved by said Council, but
said LOBU shall not be removed from office without good and sufficient
cause. Said LOBU shall have the right to a public hearing to hear
any and all charges brought against him/her and shall be given every
opportunity to appear and defend himself or herself therefrom. Said
LOBU shall receive such compensation as Council shall henceforth determine.
The LOBU shall be responsible for all Borough Water Utility equipment
and operation thereof and all things appurtenant to the maintenance
of water quality and distribution thereof. The LOBU shall be responsible
for and shall supervise and give direction to the Borough Superintendent
of Public Works as pertains to those responsibilities and activities
associated with the Water Utility. The LOBU shall administratively
report to the Chairperson of the Public Works Committee of Borough
Council and shall provide the Chairperson with a monthly report of
the activities of the Water Utility. The LOBU shall, as soon as possible,
inform the Chairperson as to all emergency and special problem situations
and shall assist in recommending, planning and in preparing the scope
of work for major improvements and projects.
The Superintendent of Public Works (SPW) shall be an employee
of the Borough of Wenonah and, although administratively reporting
to the Chairperson of the Public Works Committee of the Borough Council,
shall be supervised and directed by the LOBU as to all work pertaining
to the Water Utility. The SPW shall have the day-to-day responsibility
for operating and maintaining the Borough Water Utility, for maintaining
the water quality, for the employment and supervision of other Water
Utility employees, including timekeeping, and for the inspection of
all work completed by private contractors, including all backfilling.
The SPW shall have charge of all main stop valves, fire hydrants,
pumps, lift stations and other fixtures appertaining to the Borough
Water Utility and shall attend to the laying of all new pipe, fire
hydrants and other fixtures and shall keep an accounting of all new
pipe, hydrants and fixtures installed and of the old pipe removed.
The SPW shall make all attachments to borough mains, shall be solely
responsible for the opening and closing of all valves and stopcocks,
shall turn off and on all pumps, shall have sole authority and responsibility
for shutting off and turning on the water to any premises for nonpayment
of rentals or for any other reason that shall make such action necessary
and shall issue all certificates of vacancy. The SPW shall promptly
report all emergency-related or other unusual problems to both the
LOBU and to the Chairperson of the Public Works Committee.
Applications for the introduction of water into any premises
or its supply for any purpose or the extension of any private pipe
for the conveyance of such water must be made in writing by the owner
of said premises and entered on the books of the Construction Code
Official of the Borough of Wenonah and shall be made and approval
received at least one day before the ground is to be broken or the
work is to commence. After the owner of the property to be supplied
or his or her properly authorized agent shall have made such application
and the appropriate connection fee (refer to Construction Code, § 18A-7B)
has been paid and, where applicable, following payment of the amount
specified for new construction and after the aforesaid Construction
Code Official has read and approved the application, the Construction
Code Official shall issue a permit for the required supply, said permit
to include the date issued, the name of the owner of the premises
to be supplied, to whom the permit was issued, the location of said
premises, the size and diameter of the ferrule, whether the attachment
is to be made to a public or private pipe, the purpose for which the
water is to be used and the amount/rate to be charged for the water,
both during the period of construction and after the premises has
been occupied. The Construction Code Official or other authorized
person shall maintain a list of the permits issued, which shall include
the name of the person or persons so contracting for the supply of
water.
Installations shall be made by the borough, and it shall make
all connections from the street main to and including the curb stop
and box and shall supply and install the water meter. All connections
shall be supplied with an inverted curb stop, which shall be covered
with a high quality box leading from the same to the surface of the
sidewalk area, the cover of the same to have the word "water" thereon
and to be placed on the sidewalk area within one foot of the curb.
The above work shall be carried out in a safe manner with suitable
barricades, red lights and any other necessary means taken to prevent
accidents, both auto and pedestrian. The owner shall be assessed an
installation/connection fee, which shall include the cost of a three-fourths-inch
tap into the main, a three-fourths-inch copper line to the curb stop,
the installation of the curb stop and stop box, all gravel fill, the
repair of the road surface and all labor and costs of inspection.
An additional fee shall be assessed to cover the cost of the meter
installation and the use of the system. The amounts of these fees
are stated in the fees and penalties section of this ordinance[1] and each fee shall be paid by the owner or his representative to the borough before any work can begin. All materials, specifications and workmanship shall comply with the appropriate building codes as established by the State of New Jersey. Alternatively, a person or persons, with approval of the Construction Code Official and upon presenting a valid completion bond in the sum so specified in the Fees and penalties section, may hire a private contractor to perform the work normally performed by the borough, as described above, with the stipulation that, before any backfilling can begin, the work must conform to borough standards as determined by a preliminary inspection by the Superintendent of Public Works. In addition, only the SPW is authorized to turn on or stop off the water in the public main and all plumbers or contractors engaged in making attachments thereto must leave the stopcocks closed. Upon successful completion of the preliminary inspection, which also shall include inspection of the private pipe installation leading from the curb to the dwelling, backfilling and road patching may commence and then the final inspection of the work shall be performed by the SPW. A fee, the amount found in the fees and penalties section, shall be assessed for the two inspections, for the turn-on of the water and for the issuance of a written permit (see § 70-5) from the Construction Code Official, said permit also to include permission to open the street. Upon payment of all fees and passage of the final inspection, the borough shall surrender the completion bond, Regardless of who completes the work, the connection from the curb to the mains will in every case become and remain the property of the Borough of Wenonah.
The Borough of Wenonah reserves the right to inspect the installation
of any private pipe leading from the curb to any dwelling or structure
and to verify that the depth of any private pipe is the required minimum
of three feet below the plane of the aboveground surface. In cases
of new construction, a certificate of occupancy (CO) will not be issued
unless and until the Construction Code Official is satisfied that
the total installation complies with all specifications.
If any person shall, without a written permit from the Construction
Code Official or duly authorized person from the Public Works Department,
introduce a ferrule into any public pipe or form any connection or
communication whatever with said pipe or break ground for that or
any similar purpose, or, if any person or persons shall introduce
or use a ferrule of different diameter or make any attachment or do
anything otherwise than is specified in his, her or their permit or
contract, he, she or they so offending shall, upon conviction in Municipal
Court, pay a fine of no less than the minimum amount stated in the
fees and penalties section of this ordinance[1] for each and every offense. Similarly, if any person,
persons or private contractor shall turn on or shut off the water
supply either at the main or at the curb stop to any premises or at
any stopcock for any reason whatsoever, upon conviction in Municipal
Court, a fine of no less than the minimum amount specified in the
aforesaid penalty section shall be paid.
Upon the presentation of clear and sufficient evidence in writing
by the property owner that a premises is to be vacated either permanently
or for an indeterminate period of time, the SPW shall grant a certificate
of vacancy, which shall include the effective date of the vacancy,
the name of the property owner, the address of the premises and the
reason for the vacancy. A copy of this certificate shall be given
to the Water Utility clerk for purposes of billing. Following reading
of the meter, payment of turn-off fee and payment of all rental costs
prorated up to the effective date of the vacancy, the SPW shall turn
off the water, the premises shall be declared vacant, and all water
rentals shall cease until the premises is again occupied.
The opening of fire hydrants is expressly prohibited except
by Public Works Department personnel, by the Wenonah Fire Company
for the purpose of conducting drills and fighting fires or for any
other purpose whereby written permission has been granted by the Superintendent
of Public Works. The wrenches of the fire hydrants shall be in the
charge of the Department of Public Works and, except for the Wenonah
Fire Company, shall be given to no other person or organization. Any
person, persons, or organization who shall open, damage or tamper
with any fire hydrant for any reason whatsoever, without express written
permission from the Superintendent of Public Works, shall, upon conviction
in Municipal Court, pay a fine of no less than the minimum amount
specified in the fees and penalties section of this ordinance[1] for each and every offense. No private hydrant of any
kind for domestic or private use shall be permitted on any public
street, alley, public land, borough right-of-way or sidewalk area.
Also, any person or persons who shall obstruct the access to any fire
hydrant, stop valve or other fixture connected with the supply of
water to the borough by placing thereon or within 10 feet thereof
stone, brick, lumber, plastic, dirt, shrubbery, trees or any other
material or structure or allowing it to be so placed by any person
or persons in their employ shall, upon due conviction in Municipal
Court, pay a fine of not less than the minimum amount so stated in
the Fees and penalties section of this ordinance for each and every
offense, including the cost of damages should the borough be forced
to remove the said obstruction. If, upon due notice given by the Public
Works Department, the offending person or persons shall either neglect
or refuse to remove the obstruction or obstructions, the Department
of Public Works may then remove said obstruction and the expense attending
such removal shall be billed to and paid by the party so offending.
Following installation, the water meters shall be and shall remain the property of the Borough of Wenonah and shall be maintained and kept in repair by the Public Works Department of said borough. Meters shall be placed in locations accessible at all times to the SPW or other authorized person and shall not be disconnected, moved or relocated without authority from the Public Works Department, and no change in the location of any meter or repairs to the same shall be undertaken, except by said Public Works Department. In case of meter malfunction such that it fails to properly register, the consumer shall be charged for water consumption during the period of time encompassing the malfunction at the daily average rate as previously and historically shown by the meter. In cases of meter malfunctioning where clear evidence of tampering and/or willful destruction is obvious, the borough reserves the right to bill for the installation costs of a new meter (see § 70-6) and to bring criminal charges against the owner of the premises. The owner or occupant of the premises wherein a meter shall be placed shall be entitled to the use of the water supply for any and all purposes, provided that water from the supply pipe is not furnished to any other person or persons or to any other premises except during times of emergency. The owner shall freely permit authorized persons from the Public Works Department on the premises at reasonable hours of the day for the purpose of inspecting and recording the meter readings. If, after a minimum of three attempts to read the meter during three different days, access to the meter cannot be gained, the borough may turn off the water until the meter can be read. The turnoff and turn-on fee as specified elsewhere in this ordinance shall be charged to the owner of the premises.
All persons supplied by water from any of the borough mains
shall be responsible for the maintenance of their own service pipe,
stopcocks and other apparatus and shall protect said items from frost
and shall prevent all unnecessary waste of water. The Superintendent
of Public Works or his representative shall be authorized to inquire,
at any dwelling or any premises where an unnecessary waste of water
is observed, into the cause of the same, and if the owner or occupier
of said dwelling or premises shall neglect or refuse, upon twenty-four-hours'
notice being given, to effect the necessary repairs, said Superintendent
is authorized and empowered to shut off the water leading to such
place or dwelling and shall not turn on the water unless and until
all repairs have been made to the satisfaction of the Superintendent.
The owner or occupier will then be assessed the cost of the water
turnoff, turn-on and inspection fees as specified elsewhere in this
ordinance. The Borough of Wenonah shall not be liable for the breaking
of any service pipe or service cock or other fixtures for any reason
whatsoever and shall be held harmless from any and all damage arising
from either the shutting off or the turning on of water, in repairing
the main or in making any private connection with the same. In addition,
the borough assumes no liability for any accident due to the consumer's
failure to place a safety valve on any boiler.
In cases where the Public Works Department shall have reason
to believe that there is actual or probable evasion or disregard of
any provisions of this ordinance in any building, lot or premises,
it shall be lawful for the SPW or his representative to enter into
such building, lot or premises at all reasonable hours of the day
for the purpose of examining and inspecting the pipes, conduit or
other fixtures and to ascertain whether or not the same are in proper
condition and repair and, in cases of delinquent water rental payments,
for shutting off stopcocks and/or detaching the ferrules. Any person
who shall obstruct, oppose or deny the aforesaid persons from making
such inspections shall, upon conviction in Municipal Court, be assessed
a fine of not less than the minimum amount so specified in the fees
and penalties section of this ordinance.[1]
All permits shall be granted upon the express condition that,
if the supply of water shall fail from any cause, the Borough shall
not be held liable for any damages that may arise from such failure.
[Amended 3-23-1995 by Ord. No. 95-4; 7-23-1998 by Ord. No. 98-12; 12-27-2001 by Ord. No. 01-27; 2-24-2005 by Ord. No. O-05-4; 12-11-2008 by Ord. No. 2008-24; 6-26-2014 by Ord. No. 2014-6; 9-27-2018 by Ord. No. 2018-9; 3-26-2020 by Ord. No. 2020-4; 5-25-2023 by Ord. No. 2023-7]
The following rates and billing procedures are hereby adopted
for the sale of water by the Borough of Wenonah:
A.Â
Water rates.
(1)Â
There shall be a usage charge for all water passing through meters
installed pursuant to provisions of this ordinance which shall be
based upon the following schedule:
(a)Â
Annual Fixed rate January 2023. For the year 2023, $347.50 was
billed in January and due by February of 2023. There will be three
additional bills calculated and sent to all water users which shall
be calculated as follows:
(b)Â
Charges per 1,000 gallons shall be billed as follows:
|
Gallonage
|
Billing Amount Per 1,000 Gallons
|
|---|---|
|
0 to 20,000
|
$5.53
|
|
20,0001 to 25,000
|
$7.04
|
|
25,001 to 37,500
|
$9.01
|
|
Over 37,500
|
$9.96
|
[1]Â
As recorded on the water meter installed for each house or other
building or unit in each meter reading cycle. In case of commercial,
industrial, public or multifamily users, the annual charge shall be
based upon equivalent dwelling units. The schedule shall constitute
the basis for said charges.
(2)Â
Unless a certificate of vacancy has been issued, the foregoing minimum
rates shall be charged when an established service exists even though
there shall be no actual consumption of water through such service.
(3)Â
Water use charge for the remainder of 2023, shall be billed as follows:
(a)Â
The first bill shall be calculated as of July 1, 2023, as follows:
[1]Â
There shall be no flat-water fee calculated in this bill;
[2]Â
There shall be a water usage fee per 1,000 gallons for the months
of March, April, May, and June, at the previously determined 2023
water rates of $5.53 for usage up to 20,000 gallons; $7.04 for usage
from 20,001 gallons to 25,000 gallons; $9.01 for water usage from
25,001 gallons to 37,500 gallons; $9.96 for any usage above 37,500
gallons;
[3]Â
The above referenced bill shall be sent to users on or before
July 20, 2023. Said bill shall be due by August 1, 2023. A late fee
shall be instituted at 1.5% per month for any payments made after
August 10, 2023.
(b)Â
The second bill shall be calculated as of October 1, 2023, as
follows:
[1]Â
There shall be no flat-water fee calculated in this bill;
[2]Â
There shall be a water usage fee per 1,000 gallons for the months
of July, August, and September, at the previously determined 2023
water rates of $5.53 for usage up to 20,000 gallons; $7.04 for usage
from 20,001 gallons to 25,000 gallons; $9.01 for water usage from
25,001 gallons to 37,500 gallons; $9.96 for any usage above 37,500
gallons;
[3]Â
The above referenced bill shall be sent to users on or before
October 20, 2023. Said bill shall be due by November 1, 2023. A late
fee shall be instituted at 1.5% per month for any payments made after
November 10, 2023.
(c)Â
There shall be a third bill calculated as of January 1, 2024,
as follows:
[1]Â
There shall be no flat-water fee calculated in this bill;
[2]Â
There shall be a water usage fee per 1,000 gallons for the months
of October, November and December, at the previously determined 2023
water rates of $5.53 for usage up to 20,000 gallons; $7.04 for usage
from 20,001 gallons to 25,000 gallons; $9.01 for water usage from
25,001 gallons to 37,500 gallons; $9.96 for any usage above 37,500
gallons;
[3]Â
The above referenced bill shall be sent to users on or before
January 20, 2024. Said bill shall be due by February 1, 2024. A late
fee shall be instituted at 1.5% per month for any payments made after
February 10, 2024.
(4)Â
Starting January 1, 2024, all Borough water users shall be billed
on a quarterly basis. The quarterly bills shall be calculated as follows:
(a)Â
There shall be a minimum order charge for all water passing
through the meters as follows:
[1]Â
Effective January 1, 2024, the minimum rate per quarter shall
be $125. However, all senior citizens, defined as all residents 65
years or older and residing in a dwelling house owned by such senior
citizen, and persons who are permanently and totally disabled and
residing in a dwelling house owned by such disabled person, shall
pay $100 per quarter. Determination of eligibility for the reduced
rate provided for in this subsection shall be made in accordance with
the standards in effect for determining real estate tax deductions
under the provisions of N.J.S.A. 54:4 through 8.40, et seq., as set
exceptions shall be amended from time to time, together with any applicable
regulations promulgated thereunder.
[2]Â
There shall be an additional charge to those rates set forth
above at rates in Subsection B for each 1,000 gallons in excess of
6,000 gallons of usage as follows:
(b)Â
The above quarterly water bills shall be calculated as of March
31, June 30, September 30, and December 31, as follows:
[1]Â
The bills for the first quarter ending March 31 shall be sent
by April 20 and due by April 30. Any payments made after May 10 shall
be subject to a late fee of 1.5% per month;
[2]Â
The bills for the second quarter ending June 30 shall be sent
by July 20 and due by August 1. Any payments made after August 10
shall be subject to a late fee of 1.5% per month;
[3]Â
The bills for the third quarter ending September 30 shall be
sent by October 20 and due by November 1. Any payments made after
November 10 shall be subject to a late fee of 1.5% per month;
[4]Â
The bills for the fourth quarter ending December 31 shall be
sent by January 20 and due by February 1. Any payments made after
February 10 shall be subject to a late fee of 1.5% per month.
(c)Â
Effective January 1, 2024, the Chief Financial Officer of the
Borough of Wenonah has further recommended that the water utility
rates be increased via a cost-of-living adjustment to further ensure
that the water can continue to maintain reliable service and deliver
safe drinking water. This adjustment shall apply to all components
of the service including the minimum rate and the usage fee. The cost-of-living
adjustment shall be based on the implicit price deflator for State
and local governments for New Jersey as published by the United States
Department of Commerce, Bureau of Economic Analysis.
[Added 7-23-1998 by Ord.
No. 98-12]
Payment for all charges and/or services in this ordinance shall
be the responsibility of the owner of the premises serviced by the
connection, and such charges shall be payable to the Borough and shall
remain, until paid, a lien upon the premises of the owner served by
such connection, the same as all other taxes and municipal charges
upon real estate, and the Borough shall have the same remedy for the
collection of such charges, with interest, costs and penalties, as
fixed by the Borough, as the Borough has under the laws of this state
for the collection of taxes and other municipal liens upon real estate.
[Added 12-27-2001 by Ord.
No. 01-27; Amended 9-27-2018 by Ord. No. 2018-9]
In the event that any charges for water service with regard
to any parcel of real property shall not be paid as and when due,
the Borough may, in its discretion, after serving notice of delinquency
and water termination date by regular mail, enter upon such parcel
and cause any connection or connections thereof leading directly or
indirectly to or from the utility system to be cut and shut off until
such outstanding charges for services has been paid in full. In such
event of water services termination, the total amount so due, including
interest and turnoff fee, shall become a lien against said premises.
When the delinquency, including interest, turnoff fee and turn-on
fee, is paid in full before 11:00 a.m. on any business day, the Borough
shall turn on the water service to the premises on the same day. If
paid after 11:00 a.m. on a business day, the Borough shall turn on
the water service on the next business day.
The following fees and penalties are hereby adopted:
A.Â
Fees.
(1)Â
Fees. All connections to the public water supply system of the Borough
shall be made only after issuance of a permit by the Borough and after
payment of a fee in the sum of $2,242 for a single-family residence.
All other connections shall be charged a fee equal to the number or
fraction of such additional number of a "domestic consumer equivalent
unit" represented by the demand for service of a single-family residence
connecting to the system. The term "single-family residence" shall
include all forms of such properties and the ownership thereof including,
but limited to, single-family homes, apartments, townhomes and all
other forms of structures and properties designed or modified in design
to accommodate residential occupancy. In no case shall any fee be
charged less than one unit as a connection fee regardless of the use,
type, design or other features of the property to be connected. Common
use of a water supply line by separate properties, uses or structures,
or common metering of such multiple uses, buildings or structures
shall not be cause for reduction or elimination of any connection
fees.
[Amended 12-11-2008 by Ord. No. 2008-23]
(2)Â
Meter installation: $350.
(3)Â
Completion bond for private installation: $500.
(4)Â
Inspection for private installation: $200.
(5)Â
(Reserved)
(6)Â
Water turnoff: $30.
(7)Â
Water turn-on: $30.
B.Â
Penalties.
(1)Â
Unauthorized connections: $200 minimum per incident.
(2)Â
Unauthorized water turnoff and/or turn-on: $200 minimum per incident.
(3)Â
Unauthorized fire hydrant opening, tampering, damaging: $200 minimum
per incident.
(4)Â
Fire hydrant/water fixture obstruction: $200 minimum per incident.
(5)Â
Denying/obstructing inspection by Public Works Department: $200 minimum
per incident.
[Added 12-11-2008 by Ord.
No. 2008-23]
The Borough Engineer shall be responsible to compute a water
or sewer connection fee for all properties to be connected to the
public water or sewer systems of the Borough other than single-family
residential properties. The Engineer shall compute such connection
fee in units or fraction of units represented by the demand for service
of a single-family residence connecting to the system(s) in accordance
with recognized standards.
[Adopted 3-8-1990]
[1]
Editor's Note: In order to clarify the intent of the Borough
Council regarding an ordinance adopted 8-23-1990, a resolution was
adopted 10-25-1990, which read as follows:
"Chapter 70, of the Code of the Borough of Wenonah, entitled "Water,' is hereby acknowledged to include Article II, entitled "Water Emergencies,' as part of the ordinance.
'All other ordinances and resolutions or parts thereof inconsistent with the ordinance entitled 'Water' or Article II, entitled 'Water Emergencies,' or this resolution are hereby repealed."
[Amended 3-28-1996 by Ord. No. 96-2]
A.Â
Due to existing water conditions prevailing in the area, as well as in the Borough of Wenonah, during June, July and August of each year, water use regulations shall be imposed pursuant to the direction of the Chair of the Water Committee of the Borough Council, which water use restrictions shall be those contained in § 70-34 of this Code. Such restrictions shall be placed in writing by the Chair of the Water Committee and circulated to all members of the Council, the Mayor and the Borough. Clerk. Upon the Council's approval, such restrictions shall be posted in such public places as the ordinances of the borough are posted. The Borough Council shall have the right to amend such restrictions by the passage of a resolution. Mayor and Council also reserve the right to impose other water use restrictions, as requested by the Chair of the Water Committee, by adopting a resolution regarding such restrictions.
B.Â
Whenever the governing body shall be satisfied and finds that a water emergency exists in the municipality, 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 municipality affected by the water emergency, which may include the entire municipality, and shall specify which of the water use regulations contained in § 70-34 of this ordinance 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 § 70-35 of this ordinance. For the purpose of this section, a water emergency shall exist if, for any of the following reasons:
(1)Â
The public utility providing water service to all or a portion of
the municipality has adopted water use restrictions, has notified
the municipality, 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
(2)Â
The governing authority 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 municipality in accordance with § 70-33 of this ordinance, 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.Â
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.Â
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; or
C.Â
Any other water use restriction specified by the governing body in the resolution required by § 70-33 of this ordinance which is reasonable under the circumstances considering the nature and extent of the water emergency. Any water restriction imposed pursuant to this section 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 governing body adopted in accordance with § 70-33 of this ordinance.
The resolution of the governing body required by § 70-33 of this ordinance shall, in addition to complying with § 70-33, 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 ordinance continuing the water use restrictions.
The water use restrictions imposed pursuant to this ordinance 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 a second and third offense as provided by § 70-37 of this ordinance. 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 ordinance.
After a first offense in accordance with § 70-36 of this ordinance, any person or business who thereafter violates the water use restrictions imposed pursuant to this ordinance shall be fined or imprisoned in accordance with this section. For a second offense, the fine imposed shall be $500 or imprisonment for 10 days, or both. For a third and subsequent offense, the fine imposed shall be $1,000 or imprisonment for 30 days, or both.
If any section, paragraph, subdivision, clause or provision
of this ordinance shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
invalidated and the remainder of this ordinance shall be valid and
enforceable.
All ordinances and resolutions or parts thereof inconsistent
with this ordinance are hereby repealed.
This ordinance shall take effect upon due passage and publication
according to law.
