[HISTORY: Adopted by the Council of the City
of Rye as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-15-2017 by L.L. No. 3-2017[1]]
[1]
Editor's Note: This local law also repealed former Art. I,
Water Conservation, adopted 10-21-1953.
The City of Rye purchases water from the New York-American Water
Company (hereinafter referred to as "Suez") and from Westchester Joint
Water Works (hereinafter "WJWW") (Suez and WJWW are hereinafter referred
to collectively as the "water companies"). From time to time, the
levels of the reservoirs 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. Accordingly, the
purposes of this article are:
A.
To codify and thereby enable the City of Rye to enforce water-use
restrictions imposed during a water supply emergency by the water
companies, 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 City of Rye for the protection
of the health, safety and welfare of the City.
The Drought Response Plan of the Connecticut-American and Suez
Companies, which plan was established on July 13, 1995, and subsequent
modifications and/or supplements thereto published by the Connecticut-American
and Suez Companies (hereinafter collectively referred to as the "Drought
Response Plan") shall be incorporated by reference into this article
and become a part thereof. Similarly, any plan developed by WJWW shall
be incorporated by reference into this article and become a part hereof.
Any person, corporation or entity located within the territorial
boundaries of the City of Rye that receives, purchases, and/or uses
water supplied by the water companies shall be subject to the provisions
of this article.
A.
Based upon the levels of the reservoir(s) of the water companies,
the time of year, and the precipitation levels in the territories
serviced by the water companies, the water companies may request that
the City Manager declare the existence of a water supply emergency
in one of three possible phases in accordance with the Drought Response
Plan.
B.
Prior to any emergency, the water companies shall inform the City
Manager as early as practicable that a shortage of water may occur
so that the City and its residents are on notice.
C.
If a water company determines that an emergency does exist, the water
company shall inform the City Manager of the emergency and ask that
a water emergency be declared. The water company shall provide notice
of its emergency in the designated official newspaper of the City
of Rye and by transmittal to the radio and television media in the
territorial areas serviced by it.
D.
When a water supply emergency is declared by the City Manager, the
water company shall inform the City Manager at least once every month
as to the extent and length of the emergency. When the water company
determines that the precipitation is back to a safe level, the City
Manager shall end the emergency and remove any water restrictions
in place.
A.
Upon written application of any person, corporation or entity, the
City Manager may, in his or her discretion, grant an exemption and/or
variance relieving such person, corporation or entity from compliance
with the water use restrictions imposed on the basis of factors including
but not limited to any of the following:
(1)
An undue hardship would otherwise result;
(2)
No possible alternatives exist;
(3)
The applicant has taken and will take all possible measures to conserve
water, with a complete description of such measures and the water
savings to be effected;
(4)
Such exemption and/or variance is not inconsistent with the purposes
of this article; and/or
(5)
The source and nature of the applicant's water supply.
B.
In connection with any exemption and/or variance which may be granted,
the City Manager shall impose such terms and conditions as he or she
deems appropriate. Any variance and/or exemption granted shall be
fashioned to comport as strictly as possible with the intent of this
article.
C.
The determination by the City Manager to grant or to deny an exemption
and/or variance from compliance with the water use restrictions imposed
may be appealed to the City Council. Upon receipt of such an appeal,
the City Council shall affirm, reverse or modify the determination
of the City Manager and impose such terms and conditions as it deems
appropriate.
The City Police Department and the City Building Inspector are
hereby designated enforcement officers with respect to water use restrictions
set forth above.
Any person, corporation, or entity violating any water use restrictions
imposed pursuant to this article may, upon conviction, be punished
for the first offense by a fine of not more than $250; and for the
second offense, by a fine of not less than $250 but not more than
$500, or by imprisonment for not more than 15 days, or both. The third
or any subsequent offense within 12 months may be a punishable by
a fine of not less than $500 nor more than $750 or by imprisonment
not exceeding six months, or by both such fine and imprisonment. Each
day that a violation under this article continues may be considered
a separate offense for which a fine or imprisonment may be imposed.
