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Borough of Rockaway, NJ
Morris County
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Table of Contents
Table of Contents
[Adopted 12-14-1989 by Ord. No. 20-89 (Secs. 31-48 through 31-52 of the 1971 Code of Ordinances)]
Whenever the Council of the Borough of Rockaway shall be satisfied and finds that a water emergency exists in the Borough of Rockaway, it may adopt a resolution declaring that a water emergency exists in the Borough of Rockaway or the Mayor, in the absence of the Council, may, by proclamation, declare that a water emergency exists. Such resolution or proclamation 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 this section of the Code is being imposed as well as any exemptions as may be authorized. Such resolution or proclamation shall be effective immediately according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in the Code of the Borough of Rockaway. For the purpose of this section, a water emergency shall exist for any of the following reasons:
A. 
The Water Department of the Borough of Rockaway providing water service to all or a portion of the Borough of Rockaway has been notified by the New Jersey Board of Public Utilities and/or the New Jersey Department of Environmental Protection as well as any other state, county or local agency entitled to serve notice of such restrictions that a water emergency exists and such restrictions are not overruled or declared invalid by any state, county or local agency having the jurisdiction and power to do so.
B. 
The Mayor and Council is otherwise satisfied that a water emergency exists in the Borough of Rockaway.
Upon adoption by the Council of the Borough of Rockaway of a resolution declaring that a water emergency exists in the municipality in accordance with the Code or upon proclamation by the Mayor, all citizens shall be required 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 last day of any month during the water emergency; or
C. 
Any other water use restriction specified by the Mayor and Council of the Borough of Rockaway in the resolution or proclamation 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 adopted by the Council of the Borough of Rockaway or the proclamation of the Mayor.
The resolution of the Council of the Borough of Rockaway or proclamation of the Mayor shall, in addition to complying with the water restrictions, 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 or proclamation, the water use restriction shall lapse and be inapplicable and unenforceable. If, at the expiration of the time period specified in the resolution or proclamation, the Mayor and/or the Council of the Borough of Rockaway shall be satisfied that the water emergency continues to exist, it may adopt a resolution or proclamation in accordance with the requirements of this article continuing the water use restrictions.
The water use restrictions imposed shall be enforced during a water emergency by the water utility and/or Police Department. Whenever members of either department shall find a violation of the water use restrictions, the department member shall give the violator a written warning and explain the penalties for a second and third offense as provided by § 247-43. The water utility 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 water utility and/or Police Department is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this article.
[Amended 11-14-1991 by Ord. No. 22-91; 8-24-2006 by Ord. No. 15-06]
After a first offense in accordance with § 247-42, any person or business who thereafter violates the water use restrictions shall be fined or imprisoned in accordance with this section. For a second offense, the fine imposed shall not be less than $100 nor more than $1,000 or imprisonment for 10 days or up to 90 days' community service, or any combination thereof. For a third and subsequent offense, the fine imposed shall be not less than $500 nor more than $2,000 or imprisonment for 30 days or up to 90 days' community service, or any combination thereof.