The Legislature finds that many consumers have been victimized
by the sale of motor fuels containing an excess amount of water in
Suffolk County. Motor fuel containing an excess amount of water results
in consumers getting less value for their motor-fuel dollar, causes
inconvenience when motor vehicles stall and break down and causes
expensive repairs as the result of fuel-system contamination. It is,
therefore, the purpose of this article to minimize the incidence of
the sale of motor fuels containing an excess amount of water and to
reduce the amount of damage caused thereby by requiring motor-fuel
facility operators to periodically check the quantity of water in
the motor fuel dispensed and stored at their facilities and by prohibiting
the sale of motor fuel when the water exceeds a specified safe level.
As used in this article, the following terms shall have the
meanings indicated:
CALENDAR DAY
The time from 12:00 midnight to 12:00 midnight, including Sundays and holidays, and as such term is or may be defined and construed by and under the New York State General Construction Law §
19.
MOTOR FUEL
Liquid used as fuel for internal-combustion engines. This
term shall specifically include, but not necessarily be limited to,
gasoline, diesel fuel and gasohol.
MOTOR-FUEL DISPENSING FACILITY
Any gasoline station, service station, repair shop or other
place or premises where motor fuel is sold, offered for sale or allowed
to be sold to the general public at retail.
MOTOR VEHICLE
Such term as it is or may be defined by the New York State
Vehicle and Traffic Law.
OPERATOR
The person in charge of a motor-fuel dispensing facility.
This term shall specifically include, but not necessarily be limited
to, the owner, lessee, manager, assistant manager or any other person
in charge of the operations or activities of a motor-fuel dispensing
facility.
PERSON
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint-stock association or other
entity or business organization of any kind.
[Amended 10-11-1983 by L.L. No. 19-1983]
A. Any person who shall violate any provisions of §
494-8 or
494-9 of this article shall be guilty of a violation and shall be subject to a fine of up to $250 or imprisonment up to 15 days, or both.
B. In addition, the Suffolk County Sealer shall have the authority to
condemn any motor-fuel device or associated equipment used in the
dispensing of water-contaminated motor fuel or to order such a condition
corrected within 24 hours.
[Amended 10-11-1983 by L.L. No. 19-1983]
A. This article shall be enforced by the Suffolk County Department of
Consumer Affairs and the Suffolk County Sealer.
B. Whenever any Bureau of Weights and Measures official inspects any
motor-fuel device or associated equipment and finds that it does not
correspond to the standards, specifications, tolerances or variations
allowable as established by the Suffolk County Department of Consumer
Affairs, he shall condemn the same and either seize it or order it
repaired or removed. In the case of a seizure, such device or equipment
may be disposed of only as directed by the County Sealer or his authorized
agent.
C. No person shall use or attempt to use any motor-fuel device or equipment
to which there has been affixed or upon which there has been placed
any condemnation tag unless such condemnation tag has been removed
therefrom by a Bureau of Weights and Measures official.
D. No person, except a Bureau of Weights and Measures official, shall
remove any such condemnation tag or obliterate, cover, obstruct or
deface the same or cause any of the foregoing.