The Common Council hereby finds, as a matter
of legislative determination, that an adequate supply of water for
domestic, commercial, industrial and public use in the City of Albany
is essential to the safety, health, welfare and comfort of its people
and that restrictive regulations for the purpose of conserving by
appropriate limitations the supply of water are required to provide
and maintain such supply.
For the best interest of the public and for
the preservation of the safety, health, welfare and comfort of the
people of the City of Albany, it is hereby ordered and directed that
the Mayor be, and he hereby is, authorized, whenever upon the recommendation
made by the Commissioner of the Department of Water and Water Supply,
the circumstances warrant, to proclaim an emergency and promulgate
such rules and regulations as may in his opinion be necessary to conserve
the supply of water; the provisions of this article shall apply to
all persons, firms, partnerships, associations, corporations, companies
or organizations of any kind using water both in and outside the City
and regardless of whether any such persons, firms, partnerships, associations,
companies or organizations shall have a contract for water service
with the City.
It is further ordered and directed that such
rules and regulations may include, but shall not necessarily be limited
to, the restriction or prohibition of the use of water for air-conditioning
equipment, car washing, sprinkling or irrigation of lawns, plants,
shrubs, trees or gardens, swimming pools, the escape of water through
defective plumbing, which shall mean the knowing permission for defective
plumbing to remain out of repair, or any other water-consuming operation.
The proclamation of the emergency as aforestated,
and the restrictions to be imposed, shall be conveyed to the public
by radio, television and newspaper; announcement by two (2) local
radio stations or two (2) television stations, or one (1) radio and
one (1) television station, and in one (1) daily newspaper published
in the City of Albany shall constitute notice to the general public.
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 Mayor shall declare that the emergency
no longer exists.
A violation of any provision of this article
and/or any rule or regulation promulgated pursuant to this article
shall be punishable by a fine of not more than twenty-five dollars
($25.) for the first offense, not more than one hundred dollars ($100.)
for the second offense and not more than two hundred fifty dollars
($250.) for the third or any subsequent offense; in addition the Commissioner
of the Department of Water and Water Supply is hereby authorized to
discontinue the supply of water to premises where such violation shall
occur.
If any section, subsection, sentence, clause,
phrase or portion of this article is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions
thereof.