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HomeMy WebLinkAbout2002_4_17_Local_Law_No_6 Local Law No. 6 - 2002 This local law shall be known as "The Update to the Town of Mamaroneck's Law on Restrictions in the Use of Water during Emergencies" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 - Repeal and Re-enactment: Chapter 231 of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in its place: Chapter 231 Water Restrictions during Times of Emergency § 231-1. Purpose. 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 Town of Mamaroneck. Since 1966, other governmental agencies, such as the County of Westchester, have undertaken a greater role in situations where drought conditions warrant the imposition of restrictions or prohibitions on the use of water. Chapter 231 has not been adapted to the changing methods for enforcing water restrictions. The purpose of this local law is to repeal the existing chapter 231 and replace it with an updated chapter regarding (i) the imposition of restrictions and/or prohibitions on the use of water within the Town during emergency situations and (ii) the enforcement of not only such restrictions and/or prohibitions that the Supervisor may impose pursuant to this chapter but also any such restrictions and/or prohibitions that may be imposed by any other governmental authority having jurisdiction over such matters. § 231-2. Definitions; word usage. A. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. B. Terms defined. For the purposes of this Chapter, the following phrases, words and their derivations shall have the meanings given herein: EMERGENCY - Either (i) such time when the water levels of the reservoirs supplying water to the Town are at dangerously low levels or (ii) such time as any unit of government (other than the Town of Mamaroneck) having jurisdiction over such matters shall have imposed restrictions and/or prohibitions on the use of water within the Town. An "emergency" shall be deemed to continue until it is declared to have ended by the Supervisor or the unit of government that declared an emergency, as the case may be. ENFORCEMENT OFFICERS - The persons serving in the following positions in the Town of Mamaroneck: any police officer, the Director of Building and Land Use, the Assistant Building Inspector, the Superintendent of Highways, the Deputy of the Superintendent of Highways (if such post is created), the Code Enforcement Officer and the Environmental Coordinator. PERSON -An individual, or a firm, partnership, association, corporation, company or organization of any kind. "Person" shall not include the Town or any employee or official of the Town or any of its agencies, authorities, boards, committees, commissions or departments when such employees or officials are acting in their official capacities. REGIONAL GOVERNMENT RESTRICTIONS -Any restrictions and/or prohibitions on the use of water within the Town of Mamaroneck imposed by any unit of government (other than the Town of Mamaroneck) having jurisdiction over such matters. SECTION 231-4 RESTRICTIONS --- The restrictions or prohibitions imposed by the Supervisor on the use of water within the Town pursuant to Section 231-4 of the Code of the Town of Mamaroneck. TOWN -- The unincorporated section of the Town of Mamaroneck. § 231-3. Applicability. The provisions of this chapter shall apply to all persons while they are within the Town. § 231-4. Restrictions during emergency. 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 within the Town by any person, 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. -2- J. The operation of all or certain types of air-conditioning or refrigeration machines or equipment. § 231-5. Exemptions. For good cause, the Supervisor may exempt any person from the Section 231-4 Restrictions and if so empowered by the unit of government that imposed them, from the Regional Government Restrictions. § 231-6. Enforcement. A. The Supervisor shall cause the Section 231-4 Restrictions to be published in the Town's official newspaper and posted on the Town's official web site. Such restrictions shall go into effect on the earlier of the day on which they are (i) published in the Town's official newspaper or (ii) posted on the Town's official web site. B. Every enforcement officer shall have the power to issue warnings, summonses, notices of violations or court appearance tickets for any violation of either the Section 231-4 Restrictions or any violation of the Regional Government Restrictions. C. The Supervisor also shall have the authority to enforce the provisions of this Chapter by ordering water service to be discontinued to a particular person or location. § 231-7. Penalties for offenses. A. Any person violating any of the Section 231-4 Restrictions shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount not exceeding two- hundred fifty ($250.00) dollars. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. B. Any person violating any of the Regional Government Restrictions shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount that is the greater of the fine authorized under Section 231-7A or the fine or fines that may be imposed for a violation of a Regional Government Restriction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. Section 2 - Severability: Should any court of competent jurisdiction declare any provision of this Local Law invalid or unconstitutional, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which shall be implemented without the invalid or unconstitutional provisions. Section 3 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State. -3-