Borough of Wenonah, NJ
Gloucester County
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Table of Contents
Table of Contents
[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Editor's Note: This ordinance repealed former Article I, Water Regulations and Rates, adopted 12-4-1913, as amended, and also provided that it shall take effect January 1, 1991.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.
[1]
Editor's Note: See § 70-16, Fees and penalties.
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.
[1]
Editor's Note: See § 70-16, Fees and penalties.
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.
[1]
Editor's Note: See § 70-16, Fees and penalties.
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]
[1]
Editor's Note: See § 70-16, Fees and penalties.
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.
The following rates and billing procedures are hereby adopted for the sale of water by the Borough of Wenonah:
A. 
Water rates.
[Amended 3-23-1995 by Ord. No. 95-4]
(1) 
There shall be a minimum and an excess usage charge for all water passing through meters installed pursuant to provisions of this ordinance which shall be based upon the following schedule:
[Amended 7-23-1998 by Ord. No. 98-12]
(a) 
Minimum charge.
[Amended 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]
Size of Meter
(inches)
Water Allowed
(gallons)
Annual Minimum Rate
3/4 or less
30,000
$220
1 to 1 1/4
30,000
220
1 1/2 or larger
30,000
220
(b) 
Excess over the minimum gallonage allowance (30,000 gallons) shall be billed as follows:[1]
[Amended 12-27-2001 by Ord. No. 01-27; 12-11-2008 by Ord. No. 2008-24]
Gallonage
Billing Amount Per 1,000 Gallons
30,001 to 80,000
$3.50
80,001 to 100,000
$4.45
100,001 to 150,000
$5.70
Over 150,000
$6.30
[1]
Editor's Note: Rates effective January 1, 2009.
(2) 
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) 
In addition to the minimum rates set forth above, for all water drawn in excess of the minimum allowance there shall be charged annually the amount per 1,000 gallons excess as specified in the above table.
B. 
Semiannual billings. Billings for water service and consumption shall be rendered and amounts shall be due on April 1 and October 1 of each year. The April 1 billing shall contain all charges relating to the minimum annual rate for the current year and accrued charges for all excess water consumed from the previous year. Determination of excess water shall be calculated from a water meter reading. The October 1 billing shall be for sewer charges during the current year.
[Amended 3-23-1995 by Ord. No. 95-4; 12-27-2001 by Ord. No. 01-27; amended 9-27-2018 by Ord. No. 2018-9]
C. 
Rental delinquencies. There shall be a fifteen-day grace period after each due date. If payment is not received by the last day of the grace period, a penalty equal to 10% of the total amount due, including rental fee and excess water consumed, shall be added to the bill. Any rental delinquency that remains outstanding and owed at any time, including any penalty and turnoff fee, will be added to the next semiannual billing. If the rental delinquency is not paid within 30 days from the due date of the bill, and if the delinquency (excluding the 10% penalty) is either equal to or in excess of the equivalent of one month's rental, the Borough shall, after serving seventy-two-hour notice by regular mail, turn off the water serving the premises. In such an event of water turnoff, additional rental assessments shall cease, and the total amount due, including penalty and turnoff fee, shall become a lien against the premises. When the delinquent bill, including penalty, 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 to the premises on that day. If paid after 11:00 a.m. on a business day, the Borough shall turn on the water the following business day. If the Borough is requested by the party making payment to turn on the water on either a holiday, a Saturday, a Sunday or the same day that payment is received, but after 11:00 a.m., the turn-on fee, payable with the other amounts, shall be twice the amount normally charged.
[Amended 9-27-2018 by Ord. No. 2018-9]
D. 
Water for building construction purposes. A fee shall be paid at the time a permit is issued for the construction of a new dwelling or structure, the amount of said fee to be based upon the type of construction, whether frame, brick, stone or cement. The fee amounts are given in the fees and penalties section of this ordinance. These fees do not include the cost of tap. All other rates are to be by special contract between applicant and the Borough of Wenonah.
E. 
Turnoff and turn-on charge. Any water service turned off for failure to pay a water bill or as a temporary or permanent discontinuance of water service requested in writing by the consumer or for any other reason so specified within this ordinance will bear a charge for turnoff and, when requested, a charge for turn-on, in the amounts specified in the fees and penalties section herein. During periods of time that a dwelling or premises is vacated, and only after a valid certificate of vacancy has been issued by the SPW, and all due rentals and charges have been paid, the minimum water rental shall be waived, and, after turn-on, the rental cost shall be prorated over the time period within the billing cycle that service was restored.
F. 
Sale of water outside of the Borough limits. Water sold to adjoining municipalities or to properties located outside the Borough of Wenonah shall, unless otherwise determined by Borough Council, be charged the same rate as the consumers in the Borough of Wenonah. Permission for outside sale of water must, in all cases, be granted by Borough Council.[2]
[2]
Editor's Note: See § 70-16, Fees and penalties.
[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. 
Fees.
(1) 
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) 
Meter installation: $350.
(3) 
Completion bond for private installation: $500.
(4) 
Inspection for private installation: $200.
(5) 
(Reserved)
(6) 
Water turnoff: $30.
(7) 
Water turn-on: $30.
B. 
Penalties.
(1) 
Unauthorized connections: $200 minimum per incident.
(2) 
Unauthorized water turnoff and/or turn-on: $200 minimum per incident.
(3) 
Unauthorized fire hydrant opening, tampering, damaging: $200 minimum per incident.
(4) 
Fire hydrant/water fixture obstruction: $200 minimum per incident.
(5) 
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. 
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. 
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) 
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) 
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. 
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 31st 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 § 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.