Town of Queensbury, NY
Warren County
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Table of Contents
Table of Contents
[Adopted 6-11-1970 by Ord. No. 29]
The purpose and the intent of this article is to conserve and protect the water supply of the water districts in the Town of Queensbury 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.
As used in this article, the following terms shall have the meanings indicated:
Covers and includes an actual or threatened shortage of water caused by drought, by the breakdown of the pumping system or the filtration plant or any part of the distribution system, by a power shortage or failure, by the declaration of a civil defense alert or by any other similar occurrence deemed by the Town Board to justify its action as hereinafter set forth.
Whenever, in the opinion of the Town Board, it becomes necessary because of the existence of an emergency, as hereinbefore defined, to conserve the water supply of said district by limiting, restricting or prohibiting its use, the Town Board may, at a regular or special meeting thereof, adopt a resolution declaring such emergency.
Such resolution may:
Direct the Superintendent of the Water Department to prepare a proclamation prohibiting all users of said water supply from using the same or any part thereof for the sprinkling or irrigation of lawns, ornamental plants, shrubs, trees or domestic gardens or washing motor vehicles; or limiting such use to certain hours of the day or certain days of the weeks; and/or
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 of the district, for the same purposes as set forth in Subsection A of this section and/or for the purpose of filling swimming pools, operating air-conditioning installments or in connection with the operation of any commercial or manufacturing processes.
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 Town Board shall, by appropriate resolution, declare that the emergency no longer exists.
If such resolution declares a general emergency to exist, such proclamation shall be publicized in two or more newspapers having general circulation throughout the districts, and copies thereof shall be posted on the Town Clerk's bulletin board.
If such resolution declares a local or limited emergency to exist, within the purview of § 173-4B above, 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.
Upon the Town Board declaring that an emergency as to which a proclamation has been published and posted has ceased to exist, as provided in § 173-5 hereof, a copy of such resolution shall be published and posted in the manner provided in § 173-6 hereof.
Upon the Town Board declaring by resolution that an emergency as to which a proclamation has not been published and posted has ceased to exist, as provided in § 173-5 hereof, a copy of such resolution shall be served upon the customers affected thereby in the manner provided in § 173-7 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 districts 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.
[Amended 5-24-1991 by L.L. No. 6-1991]
Any person, firm or corporation violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable for a first offense by a fine of not more than $1,000 or by imprisonment for not more than one year, or by both such fine and imprisonment.