[HISTORY: Adopted by the Town Board of the Town of Gates as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 70.
[Adopted 5-2-1928]
Whenever stormwater or surface drains shall have been established and
constructed or exist in the Town of Gates, no sewage or other drainage from
sinks, toilets, bathtubs or lavatories or other sewage or drainage commonly
termed "sanitary sewage" shall be allowed to pass into or to be carried away
in such stormwater or surface drains.
The owner of every dwelling house or other premises located in close
proximity to an established or existing stormwater or surface drain, or who
has a legal right to drain the surface water of his said dwelling house or
premises into such established or existing stormwater or surface drain, shall
cause all of the surface water from said dwelling house or premises to drain
into such established or existing stormwater or surface drain.
No owner of such dwelling house or premises, and no other person, shall
drain surface water into any septic tank or cesspool if a stormwater or surface
drain has been established or exists in close proximity to such dwelling house
or premises, provided that such owner or other person has legal right to drain
such surface water into such stormwater or surface drain.
[Amended 9-7-1999 by L.L.
No. 2-1999]
Any and all persons who shall violate any of the provisions of this
article, or who shall fail to comply with any order or regulation made thereunder,
shall severally and for each and every such violation and noncompliance, respectively,
forfeit and pay a penalty of not more than $250 or be subject to imprisonment
for not more than 15 days, or both, said penalty to be sued for and recovered
for the benefit of the General Town Fund. The imposition of one penalty, if
in violation of this article, shall not excuse the violation or permit it
to continue, and all such persons shall be required to correct or remedy such
violation within a reasonable time. Each 10 days that prohibited conditions
are maintained shall be deemed to constitute a separate offense.
[Adopted 5-13-1942]
This article shall be known and may be cited as the "Well Sewage Disposal
Ordinance."
Definition of words used herein shall be as such words are defined in
the Public Health Law of the State of New York, insofar as the words used
herein are therein defined.
[Amended 10-29-1953]
No person shall drill or dig or have drilled or dug or maintain upon
any real property in the Town of Gates any well or similar opening which shall
be drilled, dug or solely maintained for the purpose of sewage disposal or
for any other purpose by means of which underground, percolating or subterranean
waters may be contaminated or rendered less potable or unfit or dangerous
for human consumption, or injurious to the public. This section is not to
be construed to prohibit the drilling of wells for the drainage of surface
water in public highways, provided that such highway is free of sewage, wash
water or any other unnatural drainage which might prove dangerous for human
consumption or injurious to public health. Also, any wells drilled for the
drainage of surface water in streets must be recommended and approved by the
Town Engineer, and then only after any other reasonable plan of disposing
of surface water is proven impracticable. Further, it shall be unlawful for
any tile to be installed in front of homes, with the exception of that placed
for ingress and egress purposes, until such times as sanitary sewers are installed
in the affected area; and that developers resorting to this type of street
drainage must make the foregoing paragraph a part of deed restrictions on
property involved.
A.
Any person violating any of the provisions of this article
shall be guilty of a violation and punishable by a fine of not to exceed $250
or imprisonment not to exceed 15 days, or both, to be recovered by the town
in any court of competent jurisdiction.
[Amended 9-7-1999 by L.L.
No. 2-1999]
B.
This article shall become effective at the expiration
of 10 days from the date of its adoption and publication and posting as required
by law.
