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Local Law No. 4 - 2011
This local law shall be known as the “Amendment to the Chapter 231 (Water) of the Code of the
Town of Mamaroneck” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
Currently Chapter 231 of the Code of the Town of Mamaroneck authorizes the Supervisor to
impose restrictions on the use of water only in the entire unincorporated area of the Town. There
are circumstances where such restrictions need to be imposed only on particular sections of the
unincorporated area of the Town. This law expands the Supervisor’s authority by allowing the
Supervisor to limit the restrictions on the use of water to limited areas of the unincorporated area of
the Town as well as the entire unincorporated area.
Section 2 – Amendment of current sections of the Mamaroneck Code:
I. Section 231-1 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
A. In 1966, the Town Board realized that in times of drought or other circumstances where
there may be a shortage of water, it might be necessary to prohibit and/or restrict the use of
water within the Town. Accordingly, it added Chapter 231, entitled "Water," to the Code of
the entire unincorporated area Town of Mamaroneck. Since 1966, other governmental units,
such as the County of Westchester, have undertaken a greater role when drought conditions
warrant the imposition of restrictions or prohibitions on the use of water. Accordingly in
2002, the Town Board updated Chapter 231 to take into account the greater involvement of
other governmental units in the regulation of water usage.
B. In 2011, the Town Board recognized that in addition to droughts that impact the entire
unincorporated area of the Town, local problems, such as low water pressure in limited
areas or ruptures of pipes, may overtax the water supply only in limited areas. The Town
Board therefore is amending Chapter 231 to allow the Supervisor to impose restrictions on
portions of the unincorporated areas of the Town in situations where Town-wide restrictions
are not necessary. The Supervisor will continue to have the power to impose restrictions on
water usage throughout the unincorporated area of the Town if such restrictions are
warranted.
II. The term EMERGENCY contained in Section 231-2 B of the Code of the Town of Mamaroneck
hereby is repealed and the following substituted in its place:
EMERGENCY
A period of time when either (i) in the judgment of the Supervisor, (a) the
unrestricted use of water may result in the Town not being able to supply water
adequately during certain hours of the day or on certain days or (b) the reservoirs
supplying water to the Town are at dangerously low levels so that the Town may not
be able to supply an adequate quantity of water to the Town in the future to the
entire unincorporated area of the Town or to one or more sections thereof or (ii) any
unit of government having jurisdiction over such matters (other than the Town of
Mamaroneck) shall have imposed restrictions and/or prohibitions on the use of water
within the Town. An emergency shall be deemed to continue until the Supervisor or
the unit of government that declared an emergency, as the case may be, declares that
the emergency is over.
III. Section 231-1 of the Code of the Town of Mamaroneck hereby is repealed and the following
substituted in its place:
If conditions warrant it, the Supervisor may immediately declare the existence of an
emergency and immediately impose prohibitions and/or restrictions on the use of
water by any person within either the entire unincorporated area of the Town or
within one or more sections of the unincorporated area of the Town as defined by
the Supervisor, for any or all of the following purposes:
A. The sprinkling, watering or irrigation of shrubbery, trees, lawns, grass,
ground covers, plants, vines, gardens, vegetables, flowers or any other
vegetation.
B. The washing of automobiles, trucks, trailers or any other type of mobile
equipment.
C. The watering, sprinkling or irrigation of golf courses.
D. The washing of sidewalks, driveways, filling station aprons, porches or other
outdoor surfaces.
E. The washing of the exteriors of buildings.
F. The washing and cleaning of any business or industrial equipment and
machinery.
G. The operation of any ornamental fountain or other structure making a similar
use of water.
H. The operation of swimming and wading pools not employing a filter and
recirculatory system.
I. The escape of water through defective plumbing, which shall mean
knowingly allowing plumbing to remain in a state of disrepair.
J. The operation of all or certain types of air-conditioning or refrigeration
machines or equipment.
Section 3 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 4 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
REVISED- 2D