[HISTORY: Adopted by the Town Board of the
Town of Kent 5-2-1983 by L.L. No. 1-1983. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Watercourse Protection Law of the Town of Kent."
It is declared to be the public policy of the
Town of Kent that the public interest requires the preservation and
protection of the streams, lakes, ponds, swamps, marshes and other
watercourses in the Town of Kent and the protection of lands adjoining
the same for the purpose of protecting the Town against the detrimental
use of such watercourses and conserving the watershed area of the
Town and preventing the contamination and pollution of same, all for
the health, safety and welfare of the public.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any individual, firm or corporation.
Any chemical that has an Environmental Protection Agency
registered number used as a pesticide, algicide, herbicide and insecticide.
The Town of Kent, a municipal corporation organized and existing
under and pursuant to the laws of the State of New York.
Includes all streams, lakes, ponds, swamps and other bodies
of water in the Town of Kent.
No person shall cause or permit the discharge
of sewage, wastes or other pollutants in any watercourse in the Town.
No person shall clean, flush, empty or fill
spraying or other similar equipment in any watercourse in the Town
without having obtained a yearly permit for each piece of ground equipment
from the Town Clerk, who is authorized to issue such permit upon proof
that the equipment to be used is in operating order and that the materials
used must conform to Department of Environmental Conservation regulations
and will not pollute or contaminate any watercourse.
No person shall clean, flush, empty or fill
spraying or other equipment into, or where pesticide material may
run into, any watercourse in the Town. Withdrawal of water is permitted
at such locations as shall be designated by the Town of Kent.
Any person committing an offense against any
provision of this chapter shall be guilty of a violation punishable
by a fine not exceeding $250 or both such fine and imprisonment. The
continuation of an offense against the provisions of this chapter
shall constitute for each day the offense is continued, a separate
and distinct offense hereunder.
This chapter shall be enforced by the Police
Department of the Town of Kent.
A registered pesticide applicator for the Town
of Kent shall state where and when such locally administrated yearly
inspection shall take place and exercise judgment under Part 325.27,
under Chapter IV, Title 6, of the Environmental Conservation Law,
§ 33-0303, Subdivision 3e. A fee as set from time to time
by resolution of the Town Board[1] will be charged for the inspection before the permit will
be issued.[2]
A.
Withdrawal of water may be taken:
(1)
From the east and west side of Route 301 at the intersection
with Tompkins Road.
(2)
From the west side of Route 301 at the intersection
with Ninham Road.
(3)
From the east and west side of Ninham Road at the
intersection of East Boyds Road.
(4)
From the east side of East Boyds Road at the intersection
of Ninham Road.
(5)
The north side of Towners Road, west side of East
Croton Road, east side of West Croton Road and east side of Lake Shore
Drive, and not to obstruct traffic.
B.
These locations may be changed from time to time.
