[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn Estates 5-12-2014 by L.L. No. 1-2014. Amendments noted where applicable.]
A. 
The Board of Trustees has determined that the health, safety and welfare of the Village and its residents will be promoted by enacting restrictions on the ability of property owners within the Village to use water irrigation systems for lawns and landscaping, in accordance with regulations promulgated by the Board of Commissioners of the Roslyn Water District, a special district of the Town of North Hempstead within which the entire Village is situated. The Roslyn Water District has advised the Village Board of Trustees that the practical difficulties that the Roslyn Water District encounters in enforcing Water District regulations limits the effectiveness of those regulations. Specifically, with respect to limits on the use of water irrigation systems, the Roslyn Water District has urged the Village to enact the Roslyn Water District rules restricting water irrigation systems as Village local law, in order to enable the Village to assist the Water District in enforcing its rules.
B. 
In light of the importance of a safe and readily available potable water supply, the Village Board has determined to enact by local law restrictions on the use of water irrigation systems within the Village.
As used in this chapter, the following terms shall have the meanings indicated:
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.
PERSON
Any individual, firm, partnership, association, corporation or other organization of any kind, including municipal districts, corporations and public authorities.
SENSOR
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.
VILLAGE
The Village of Roslyn Estates.
WATER
Any water obtained from either the Water District or an underground source within the Water District.
WATER DISTRICT
The Roslyn Water District, a special district of the Town of North Hempstead.
A. 
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.
B. 
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 Water District or an underground source within the Water District.
A. 
No irrigation system shall be used except on the days and between the hours authorized by resolution of the Board of Trustees of the Village.
B. 
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:
(1) 
Odd number addresses: odd calendar days.
(2) 
Even number addresses: even calendar days.
(3) 
No number or multiple numbers including odd and even numbers: even calendar days.
A. 
As of May 15, 2014, no person shall use an automatic irrigation system in the Village unless such automatic irrigation system is controlled by a properly working sensor.
B. 
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 Water District 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.
A. 
It shall be unlawful for any person which owns, leases or uses any parcel of real property in the Village to allow, tolerate or permit any violation of this chapter on such premises.
B. 
Any person which violates any provision of this chapter shall be punishable by a fine not to exceed $250. Each violation of each provision of this chapter shall be deemed a separate offense and each such offense subject to a maximum fine of $250. Each day that a violation of the same provision of this chapter continues shall be deemed a separate offense and each such offense subject to a maximum fine of $250.
C. 
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, irrigation system modify such irrigation system by installing, at the defendant's sole cost and expense, a water sensor and/or a separate water line and water meter for such system.