[HISTORY: Adopted by the Board of Trustees of the Village of Kings
Point 12-12-1994 by L.L. No. 16-1994.
Amendments noted where applicable.]
GENERAL REFERENCES
Drilling, digging or tapping into sources of water — See Ch. 155.
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 northern portion 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. 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. The 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 District 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 Village to adopt said water conservation regulations.
The terms set forth herein shall be defined, for the purpose of this
chapter, as follows:
The Water Authority of Great Neck North.
An irrigation system with any type of device which automatically
turns the system on and/or off.
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, except for the watering of
tennis courts.
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 automatic irrigation system when watering is not required by virtue
of rain or soil moisture, as determined by the sensor, in accordance with
the following criteria or, in the alternative, such other criteria as may
be recommended by the Authority and approved by the Village Building Inspector:
The rain sensor shall be of a type capable of detecting a minimum of
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 1/4 inch.
The moisture sensor shall be of a type capable of detecting the moisture
content of the soil in which it is used and automatically interrupting and
preventing the irrigation system from operating when the moisture content
of the soil reaches a preset level.
The Incorporated Village of Kings Point.
Any water obtained from either the Authority or an underground source
within the Water Authority of Great Neck North District.
A.Â
This chapter shall apply to all persons using water in
the Village regardless of whether or not such person using water shall have
a contract in its own name for water service within the Village.
B.Â
In any prosecution of any violation of this chapter,
it shall be an affirmative defense that the alleged violation did not involve
the use of water obtained from either the Authority or an underground source
within the Water Authority of Great Neck North District.
A.Â
No irrigation system shall be used on or between 10:00
a.m. and 4:00 p.m.
B.Â
No irrigation system shall be used on any day except
the days indicated below, depending upon the number address of the premises
where the irrigation system is located:
C.Â
Notwithstanding the foregoing, in no event shall any
irrigation system be used on more than three days in any one calendar week.
A.Â
As of April 15, 1995, no person shall use an automatic
irrigation system in the Village unless such automatic irrigation system is
controlled by a properly working sensor.
B.Â
In the event that the Village has reasonable cause to
believe that an automatic irrigation system is not controlled by a properly
working sensor, notice by registered or certified mail, return receipt requested,
shall be given to the owner and/or tenant of the premises where such automatic
irrigation system is located or to the person under whose name the account
for such water is listed with the Authority, requiring that the owner, tenant
and/or person under whose name the account is listed submit a certification,
in a form supplied by the Village, that the automatic irrigation system on
the premises is controlled by a properly working sensor. The failure of such
owner, tenant and/or person under whose name the account is listed to submit
the required certification within 15 days of the mailing of said notice shall
be a violation of this chapter. A false statement in such certification shall
be punishable as provided in the Penal Law for a false statement made under
oath.
[Amended 5-19-2003 by L.L. No. 8-2003]
A.Â
It shall be unlawful for any person who owns, leases
or uses any premises in the Village to allow, tolerate or permit any violation
of this chapter on such premises.
B.Â
In addition to the penalties provided in Chapter 116 of the Village Code, any judge who sentences a person for violating any provision of this chapter, as a condition of probation or as a condition of discharge pursuant to Penal Law § 65.10 or a reduction of a fine which would otherwise be imposed, may require that a defendant who has or uses a fixed, in place, automatic irrigation system modify such automatic irrigation system by installing, at the defendant's sole cost and expense, a water sensor and/or a separate waterline and water meter for such system.
