[Adopted 8-30-1994 as L.L.
No. 7, 1994]
The State Legislature has found that the potable water for the northern
portion of the Great Neck peninsula is derived from aquifers which are the
sole source of water for all of Long Island and that the issues of contamination
and conservation of the aquifers and the need to better manage the groundwater
system on the north of the Great Neck peninsula, which had been operated by
a private utility in 1985, were of such statewide concern that the State Legislature
created the Water Authority of Great Neck North.[1] It was the hope of the State Legislature that said Authority would
not only protect, preserve and enhance the quality and quantity of the water
within its supply area but that it would also serve as a model and as a leader
of other water suppliers to better manage, conserve and protect the groundwaters
within and outside its supply areas. Said Authority, after investigating water
conservation and regulation programs, has recommended that all of the municipalities
within, or partially within, the Water Authority of Great Neck North adopt
the following water conservation regulations. This Board has determined that
it would be in the best interest of the health, safety and welfare of the
inhabitants of the town to adopt said water conservation regulations.
The terms set forth herein shall be defined for the purpose of this
Article as follows:
The Water Authority of Great Neck North.
Any tube, pipe or hose, or any combination thereof, and all accessory
valves, sprinklers and other devices, if any, which are used to transport
and release water for the purpose of irrigation.
Any individual, firm, partnership, association, corporation or other
organization of any kind, including municipal districts, corporations and
public authorities.
A rain or soil moisture sensor capable of interrupting the operation
of an irrigation system when watering, as determined by the "sensor," is not
required by virtue of rain or soil moisture, in accordance with the following
criteria:
A rain sensor shall be of a type capable of detecting a minimum of one-eighth
(1/8) inch of rainfall and automatically interrupting and preventing the irrigation
system from operating. It shall further be capable of allowing the rainfall
to evaporate and, when sufficient evaporation has occurred, to automatically
reset and allow continuation of normal irrigation in accordance with the programmed
schedule. The sensor shall be set to interrupt and prevent the irrigation
system from operating at a measure of rainfall no greater than one-fourth
(1/4) inch.
A moisture sensor shall be of a type capable of detecting the matric
potential of the soil in which it is used and automatically interrupting and
preventing the irrigation system from operating at a pressure no greater than
the pressure set forth by resolution of this Board.
The portion of the unincorporated area of the Town of North Hempstead
within the area serviced by the Authority.
Any water obtained from either the Authority or underground within
the Water Authority of Great Neck North District.
A.
This Article shall apply to all persons using water in
the town, regardless of whether or not such person using water shall have
a contract in its own name for water service within the town.
B.
In any prosecution of any violation of this Article,
it shall be an affirmative defense that the alleged violation did not involve
the use of water obtained from either the Authority or underground within
the Water Authority of Great Neck North District.
A.
No irrigation system shall be used between the hours
of 10:00 a.m. and 4:00 p.m.
B.
No irrigation system shall be used on or between November
1 and April 14 of any year or on any day except the days indicated below,
depending upon the number address of the premises where the irrigation system
is located:
[Amended 8-6-1996 by L.L.
No. 17, 1996]
C.
Notwithstanding the foregoing, in no event shall any
irrigation system be used on more than three (3) days in any one (1) calendar
week.
A.
As of April 15, 1995, no person shall use an irrigation
system in the town with any type of device which automatically turns the system
on and/or off unless such irrigation system is controlled by a properly working
sensor.
B.
In the event that the town has reasonable cause to believe
that an irrigation system at a premises is not controlled by a properly working
sensor, as required by this Article, it shall send notice, by registered or
certified mail, return receipt requested, to the owner and/or tenant of the
premises, or to the person under whose name the account for water at such
premises is listed with the Authority, requesting that the recipient submit
a certification, in a form which shall accompany the notice, that the irrigation
system is controlled by a properly working sensor. If the recipient fails
to respond to said notice within fifteen (15) days of its mailing, town officials
may institute proceedings to enforce this Article.
A.
All owners, tenants or other occupants or users of any
premises in the town shall be responsible for compliance with the provisions
of this Article at such premises.
B.
Any person violating any provision of this Article shall be guilty of a violation of this Article and shall be punishable by a fine not to exceed two hundred fifty dollars ($250.) for a first offense, and by a fine not to exceed five hundred dollars ($500.), or by imprisonment for a period of up to fifteen (15) days, or both, for a second or subsequent offense committed within five (5) years of a prior conviction for a violation of this Article. Each day that a violation of § 47-15 occurs shall be deemed a separate offense, and each week that a violation of § 47A-16 continues shall be deemed a separate offense.
C.
Any Judge who sentences a person for a second or subsequent
conviction for violating any provision of this Article may, as a condition
of discharge pursuant to Penal Law § 65.10, require that a defendant
who has or uses a fixed, in place, irrigation system, modify such irrigation
system by installing, at the defendant's sole cost and expense, a separate
water line and water meter for such system.
