[HISTORY: Adopted by the Board of Trustees of the Village of Kings Point 12-12-1994 by L.L. No. 16-1994. Amendments noted where applicable.]
Drilling, digging or tapping into sources of water — See Ch. 155.
The State Legislature has found that the potable water for the northern portion of the Great Neck Peninsula is derived from aquifers which are the sole source of water for all of Long Island and that the issues of contamination and conservation of the aquifers and the need to better manage the groundwater system on the northern portion of the Great Neck Peninsula, which had been operated by a private utility in 1985, were of such statewide concern that the State Legislature created the Water Authority of Great Neck North. It was the hope of the State Legislature that said Authority would not only protect, preserve and enhance the quality and quantity of the water within its supply area, but that it would also serve as a model and as a leader of other water suppliers to better manage, conserve and protect the groundwaters within and outside its supply areas. The said Authority, after investigating water conservation and regulation programs, has recommended that all of the municipalities within, or partially within, the Water Authority of Great Neck North District adopt the following water conservation regulations. This Board has determined that it would be in the best interest of the health, safety and welfare of the inhabitants of the Village to adopt said water conservation regulations.
The terms set forth herein shall be defined, for the purpose of this chapter, as follows:
- The Water Authority of Great Neck North.
- AUTOMATIC IRRIGATION SYSTEM
- An irrigation system with any type of device which automatically turns the system on and/or off.
- IRRIGATION SYSTEM
- Any tube, pipe or hose, or any combination thereof, and all accessory valves, sprinklers and other devices, if any, which are used to transport and release water for the purpose of irrigation, except for the watering of tennis courts.
- Any individual, firm, partnership, association, corporation or other organization of any kind, including municipal districts, corporations and public authorities.
- A rain or soil moisture sensor capable of interrupting the operation of an automatic irrigation system when watering is not required by virtue of rain or soil moisture, as determined by the sensor, in accordance with the following criteria or, in the alternative, such other criteria as may be recommended by the Authority and approved by the Village Building Inspector:
- A. The rain sensor shall be of a type capable of detecting a minimum of 1/8 inch of rainfall and automatically interrupting and preventing the irrigation system from operating. It shall further be capable of allowing the rainfall to evaporate and, when sufficient evaporation has occurred, to automatically reset and allow continuation of normal irrigation in accordance with the programmed schedule. The sensor shall be set to interrupt and prevent the irrigation system from operating at a measure of rainfall no greater than 1/4 inch.
- B. The moisture sensor shall be of a type capable of detecting the moisture content of the soil in which it is used and automatically interrupting and preventing the irrigation system from operating when the moisture content of the soil reaches a preset level.
- The Incorporated Village of Kings Point.
- Any water obtained from either the Authority or an underground source within the Water Authority of Great Neck North District.
This chapter shall apply to all persons using water in the Village regardless of whether or not such person using water shall have a contract in its own name for water service within the Village.
In any prosecution of any violation of this chapter, it shall be an affirmative defense that the alleged violation did not involve the use of water obtained from either the Authority or an underground source within the Water Authority of Great Neck North District.
No irrigation system shall be used on or between 10:00 a.m. and 4:00 p.m.
No irrigation system shall be used on any day except the days indicated below, depending upon the number address of the premises where the irrigation system is located:
Notwithstanding the foregoing, in no event shall any irrigation system be used on more than three days in any one calendar week.
As of April 15, 1995, no person shall use an automatic irrigation system in the Village unless such automatic irrigation system is controlled by a properly working sensor.
In the event that the Village has reasonable cause to believe that an automatic irrigation system is not controlled by a properly working sensor, notice by registered or certified mail, return receipt requested, shall be given to the owner and/or tenant of the premises where such automatic irrigation system is located or to the person under whose name the account for such water is listed with the Authority, requiring that the owner, tenant and/or person under whose name the account is listed submit a certification, in a form supplied by the Village, that the automatic irrigation system on the premises is controlled by a properly working sensor. The failure of such owner, tenant and/or person under whose name the account is listed to submit the required certification within 15 days of the mailing of said notice shall be a violation of this chapter. A false statement in such certification shall be punishable as provided in the Penal Law for a false statement made under oath.
[Amended 5-19-2003 by L.L. No. 8-2003]
It shall be unlawful for any person who owns, leases or uses any premises in the Village to allow, tolerate or permit any violation of this chapter on such premises.
In addition to the penalties provided in Chapter 116 of the Village Code, any judge who sentences a person for violating any provision of this chapter, as a condition of probation or as a condition of discharge pursuant to Penal Law § 65.10 or a reduction of a fine which would otherwise be imposed, may require that a defendant who has or uses a fixed, in place, automatic irrigation system modify such automatic irrigation system by installing, at the defendant's sole cost and expense, a water sensor and/or a separate waterline and water meter for such system.