The purpose and intent of this article is to conserve and protect the water supply of the Village of Colonie by limiting, restricting and/or prohibiting its use for certain purposes during periods of emergency, as hereinafter defined, in the interest of public health, safety and welfare.
[Adopted 8-28-1995 by L.L. No. 2-1995]
As used in this article, the following terms shall have the meanings indicated:
Covers and includes an actual or threatened shortage of potable water caused by drought, by the breakdown of the pumping system or the filtration plant or any part of the distribution system or by a power shortage or failure, which is part of or which affects the water supply of the Village, whether or not under the control of the Village, by contamination of water being supplied to customers, by the declaration of a civil defense alert or by any other similar occurrence deemed by the Village Board to justify its action as hereinafter set forth.
A.
Whenever, in the opinion of the Village Board, it becomes necessary, because of the existence of an emergency as hereinbefore defined, to conserve the water supply of said Village by limiting, restricting or prohibiting its use, the Village Board may, at a regular or special meeting thereof, adopt a resolution declaring such emergency.
B.
Such resolution may:
(1)
Direct the Superintendent of Public Works to prepare a proclamation prohibiting all users of said water supply within or outside the Village from using the same or any part thereof for the sprinkling or irrigation of lawns, ornamental plants, shrubs or trees or domestic gardens or for washing motor vehicles or limiting such use to certain hours of the day or certain days of the week; and/or
(2)
Direct said Superintendent to prepare a proclamation limiting, prohibiting or restricting the use of said water by a specified customer, by specified classes or groups of customers or by customers located within a certain specified area inside and/or outside the Village, for the same purposes as set forth in Subsection B(1) of this section and/or for the purpose of filling swimming pools or operating air-conditioning equipment or in connection with the operation of any commercial or manufacturing process.
Said proclamation shall specify the duration of the limitation, prohibition or restriction, if practical; otherwise, such limitation, prohibition or restriction shall continue in full force and effect until the Village Board shall, by appropriate resolution, declare that the emergency no longer exists.
[Amended 2-21-2023 by L.L. No. 1-2023]
A.
If such resolution declares a general emergency to exist, such proclamation shall be published in the designated Village newspaper, and copies thereof shall be posted in the designated public places within the Village.
B.
If such resolution declares a local or limited emergency to exist, within the purview of § 234-3B(2) of this article, and but a small or limited number of customers are affected thereby, the preparation, publication and posting of such proclamation may be dispensed with, in which case the service upon the customers affected by such prohibition, limitation or restriction of a certified copy of the resolution declaring such emergency shall be sufficient notice thereof.
B.
Upon the Village Board's declaring, by resolution, that an emergency as to which proclamation has not been published and posted has ceased to exist, as provided in § 234-4 hereof, a copy of such resolution shall be served upon the customers affected thereby in the manner provided in § 234-5B hereof.
From and after the date of such publication and posting or personal service, as the case may be, and during the period specified therein or until the publication and posting or personal service of notice of the termination of the emergency previously declared, it shall be unlawful for any person, firm or corporation having the use of said water supply of said Village to use any part of the water so supplied for the purpose or purposes described in said resolution and proclamation or notice in violation of the prohibitions, limitations or restrictions therein set forth.