The Village of Port Chester purchases water from the New York-American
Water Company or its successor or assigns thereof (here and after the "New
York-American Water Company"). From time to time, the level of the New York-American
Water Company reservoir(s) will require the declaration of a water supply
emergency. When a water supply emergency is declared, there are certain water
use restrictions that must be implemented. As a private company, the New York-American
Water Company must reply upon its municipal customers to enforce the water
use restrictions. Accordingly, the purposes of this chapter arc:
A. To codify and thereby to enable the Village of Port Chester
to enforce the water use restrictions imposed during a water supply emergency
by the New York-American Water Company, acting in conjunction with the municipalities
it services;
B. To restrict the wasteful, inefficient and/or nonessential
use of water during periods of drought; and
C. To establish penalties for violations and to provide
for enforcement of water conservation measures in the Village of Port Chester
for the protection of the health, safety and welfare of the people of the
Village.
The Drought Response Plan of the Connecticut-American and New York-American
Water Companies, which plan established on July 13, 1995, and subsequent modifications
and/or supplements thereto published by the Connecticut-American and New York-American
Water Companies (hereinafter collectively referred to as the "Drought Response
Plan") shall be incorporated by reference into this chapter and become a part
thereof.
Any person, corporation or entity located within the territorial boundaries
of the Village of Port Chester that receives, purchases, and/or uses water
supplied by the New York-American Water Company shall be subject to the provisions
of this chapter.
Any person, corporation, or entity violating any water use restrictions
imposed pursuant to the Drought Response Plan may, upon, conviction, be punished
for the first offense by a fine of not more than $100; and for the second
offense, by a fine of not less than $25 nor more than $200, or by imprisonment
for not more than 15 days, or both. The third or any subsequent offense within
12 months may be punishable by a fine of not less than $75 nor more than $500
or by imprisonment not exceeding six months, or by both such fine and imprisonment.
Each day that any violation under this chapter continues may be considered
a separate offense for which a fine or imprisonment may be imposed.