[HISTORY: Adopted by the Board of Trustees 3-22-1995 by L.L. No. 2-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Drilling into subsurface water sources — See Ch. 73.
Flood damage prevention — See Ch. 80.
Illicit discharges, activities and connections to separate storm sewer system — See Ch. 87.
Plumbing and sewers — See Ch. 117.
Stormwater management and sediment control — See Ch. 132A.
Water — See Ch. 148.
A. 
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. 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.
B. 
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:
AUTHORITY
The Water Authority of Great Neck North.
IRRIGATION SYSTEM
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.
PERSON
Any individual, firm, partnership, association, corporation or other organization of any kind, including municipal districts, corporations and public authorities.
SENSOR
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 suggested criteria or, in the alternative, such other criteria as may be recommended by the Authority and approved by the Village Building Inspector:
A. 
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 the measure designated by the Authority.
B. 
The 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 designated by the Authority and approved by the Village Building Inspector.
VILLAGE
The Incorporated Village of Kensington.
WATER
Any water obtained from either the Authority, or underground within the Water Authority of Great Neck North District.
A. 
This chapter shall apply to all persons using water in the village of Kensington regardless of whether or not such person using water shall have a contract in its own name for water service within the Village.
B. 
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 underground within the Water Authority of Great Neck North District.
A. 
No irrigation system shall be used on or between such hours that this Board hereafter, from time to time, shall determine by resolution. Notice of the adoption of such resolution, or any amendments thereto, shall be published once in the official newspaper of the Village.
B. 
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:
(1) 
Odd number addresses: odd calendar days;
(2) 
Even number addresses: even calendar days;
(3) 
No number or multiple numbers including odd and even numbers: even calendar days.
C. 
Notwithstanding the foregoing, in no event shall any irrigation system be used on more than three days in any one calendar week.
A. 
As of April 15, 1995, no person shall use an irrigation system in the village 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 Village has reasonable cause to believe that an 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, or to the person under whose name the account for such water is listed with the Authority, seeking permission to investigate to determine whether or not the irrigation system is controlled by a properly working sensor. The failure to accept said notice, respond to said notice or to grant said permission within 15 days of the mailing of said notice shall be presumptive evidence as against the person to whom the notice was sent that the irrigation system is not controlled by a properly working sensor.
A. 
It shall be unlawful for any person which owns, leases or uses any premises in the Village to allow, tolerate or permit any violation of this chapter on such premises.
B. 
Any person which violates any provision of this chapter shall be punishable by a fine not to exceed $250. Each violation of each provision of this chapter shall be deemed a separate offense and each such offense subject to a maximum fine of $250. Each day that a violation of the same provision of this chapter continues shall be deemed a separate offense and each such offense subject to a maximum fine of $250.
C. 
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, may require that a defendant who has or uses a fixed, in-place, irrigation system modify such irrigation system by installing, at defendant's sole cost and expense, a separate water line and water meter for such system.