[HISTORY: Adopted by the Borough Council
of the Borough of Medford Lakes as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-28-1995 by Ord. No. 417]
Whenever the Borough Council shall be satisfied and finds that a water emergency exists in the Borough of Medford Lakes, it may adopt a resolution declaring that a water emergency exists in the Borough of Medford Lakes. Such resolution shall be adopted by the Borough Council at any regular, special, adjourned or emergency public meeting of the Borough Council. Such resolution shall identify that portion of the Borough of Medford Lakes affected by the water emergency, which may include the entire Borough of Medford Lakes and shall specify which of the water use regulations contained in § 231-2 of this article is being imposed as well as any exemptions as may be authorized. Such resolution shall be effective immediately upon passage according to law and shall continue in effect for 90 days, unless extended or repealed as set forth in § 231-3 of this article. For the purpose of this section, a water emergency shall exist, for any of the following reasons:
A.Â
The Delaware River Basin Commission has declared a
drought warning and has notified the Borough of Medford Lakes, 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 of local
agency or court having the jurisdiction and power to do so; or
B.Â
The governing authority is otherwise satisfied that
a water emergency exists in the Borough of Medford Lakes.
Upon adoption by the Borough Council of a resolution declaring that a water emergency exists in the Borough of Medford Lakes in accordance with § 231-1 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, including those with private wells, except where a bona fide health emergency exists and to exempt businesses, as specified 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; or
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 completing banned and prohibited on
the 31st day of nay month during the emergency; or
C.Â
Any other water use restriction specified by the Borough Council in the resolution required by § 231-1 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 section shall be limited in application to that portion of the Borough of Medford Lakes, which may include the entire Borough of Medford Lakes, identified as being affected by the water emergency in the resolution of the Borough Council adopted in accordance with § 231-1 of this article.
The resolution of the Borough Council required by § 231-1 of this article shall, in addition to complying with § 231-1, 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 Borough Council 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 Borough Council 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 usage restrictions.
The water use restrictions imposed pursuant to this article shall be enforced during a water emergency by the local authorized official(s). 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 § 231-5 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 or any subsequent offense. The local authorized official is hereby empowered to write summonses for the violation of the water use restrictions imposed pursuant to this article.
[Amended 4-23-2014 by Ord. No. 615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
