[HISTORY: Adopted by the Town Board of the Town of Mamaroneck as indicated in article histories. Amendments noted where applicable.]
Article I Water Restrictions During Times of Emergency
[Adopted 4-17-2002 by L.L. No. 6-2002 ]
Editor's Note: This local law also repealed former Art. I, Water Conservation, adopted 5-4-1966 by L.L. No. 1-1966 (Ch. 87 of the 1975 Code).
[Amended 4-6-2011 by L.L. No. 4-2011]
In 1966, the Town Board realized that in times of drought or other circumstances where there may be a shortage of water, it might be necessary to prohibit and/or restrict the use of water within the Town. Accordingly, it added Chapter 231, entitled "Water," to the Code of the entire unincorporated area Town of Mamaroneck. Since 1966, other governmental units, such as the County of Westchester, have undertaken a greater role when drought conditions warrant the imposition of restrictions or prohibitions on the use of water. Accordingly in 2002, the Town Board updated Chapter 231 to take into account the greater involvement of other governmental units in the regulation of water usage.
In 2011, the Town Board recognized that in addition to droughts that impact the entire unincorporated area of the Town, local problems, such as low water pressure in limited areas or ruptures of pipes, may overtax the water supply only in limited areas. The Town Board therefore is amending Chapter 231 to allow the Supervisor to impose restrictions on portions of the unincorporated areas of the Town in situations where Town-wide restrictions are not necessary. The Supervisor will continue to have the power to impose restrictions on water usage throughout the unincorporated area of the Town if such restrictions are warranted.
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Terms defined. For the purposes of this article, the following phrases, words and their derivations shall have the meanings given herein:
- A period of time when either:
- (1) In the judgment of the Supervisor:
- (a) The unrestricted use of water may result in the Town not being able to supply water adequately during certain hours of the day or on certain days; or
- (b) The reservoirs supplying water to the Town are at dangerously low levels so that the Town may not be able to supply an adequate quantity of water to the Town in the future to the entire unincorporated area of the Town or to one or more sections thereof; or
- (2) Any unit of government having jurisdiction over such matters (other than the Town of Mamaroneck) shall have imposed restrictions and/or prohibitions on the use of water within the Town. An emergency shall be deemed to continue until the Supervisor or the unit of government that declared an emergency, as the case may be, declares that the emergency is over.[Amended 4-6-2011 by L.L. No. 4-2011]
- ENFORCEMENT OFFICERS
- The persons described in § 34-2 of the Code.[Amended 9-22-2004 by L.L. No. 12-2004]
- An individual, or a firm, partnership, association, corporation, company or organization of any kind. "Person" shall not include the Town or any employee or official of the Town or any of its agencies, authorities, boards, committees, commissions or departments when such employees or officials are acting in their official capacities.
- REGIONAL GOVERNMENT RESTRICTIONS
- Any restrictions and/or prohibitions on the use of water within the Town of Mamaroneck imposed by any unit of government (other than the Town of Mamaroneck) having jurisdiction over such matters.
- The restrictions or prohibitions imposed by the Supervisor on the use of water within the Town pursuant to § 231-4 of the Code of the Town of Mamaroneck.
- The unincorporated section of the Town of Mamaroneck.
The provisions of this article shall apply to all persons while they are within the Town.
[Amended 4-6-2011 by L.L. No. 4-2011]
If conditions warrant it, the Supervisor may immediately declare the existence of an emergency and immediately impose prohibitions and/or restrictions on the use of water by any person within either the entire unincorporated area of the Town or within one or more sections of the unincorporated area of the Town as defined by the Supervisor, for any or all of the following purposes:
The sprinkling, watering or irrigation of shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens, vegetables, flowers or any other vegetation.
The washing of automobiles, trucks, trailers or any other type of mobile equipment.
The watering, sprinkling or irrigation of golf courses.
The washing of sidewalks, driveways, filling station aprons, porches or other outdoor surfaces.
The washing of the exteriors of buildings.
The washing and cleaning of any business or industrial equipment and machinery.
The operation of any ornamental fountain or other structure making a similar use of water.
The operation of swimming and wading pools not employing a filter and recirculatory system.
The escape of water through defective plumbing, which shall mean knowingly allowing plumbing to remain in a state of disrepair.
The operation of all or certain types of air-conditioning or refrigeration machines or equipment.
For good cause, the Supervisor may exempt any person from the § 231-4 restrictions and, if so empowered by the unit of government that imposed them, from the regional government restrictions.
The Supervisor shall cause the § 231-4 restrictions to be published in the Town's official newspaper and posted on the Town's official Web site. Such restrictions shall go into effect on the earlier of the day on which they are published in the Town's official newspaper or posted on the Town's official Web site.
Every enforcement officer shall have the power to issue warnings, summonses, notices of violations or court appearance tickets for any violation of either the § 231-4 restrictions or any violation of the regional government restrictions.
The Supervisor also shall have the authority to enforce the provisions of this article by ordering water service to be discontinued to a particular person or location.
Any person violating any of the § 231-4 restrictions shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount not exceeding $250. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense.
Any person violating any of the regional government restrictions shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount that is the greater of the fine authorized under § 231-7A or the fine or fines that may be imposed for a violation of a regional government restriction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense.