City of Beacon, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Beacon 3-4-2002 by L.L. No. 8-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch. 219.

§ 24-1 Restrictions on water use.

Due to a significant shortfall of precipitation, a major leak, a system failure, or excessive consumption beyond the capacity of the system, etc., and as a result of the above unless consumption of water in the City of Beacon water system is substantially reduced the water system will be unable to supply sufficient potable water to meet the basic needs of the citizens of the City of Beacon and the Mayor of the City of Beacon has, in light of these conditions, found the City of Beacon water system to be in a state of water emergency, the Mayor must accordingly exercise the authority to mandate such measures as are necessary to reduce consumption of water with the City of Beacon water system to a level sufficient to preserve an adequate supply of water to meet the City's basic water needs. The Mayor, upon a finding that an imminent peril to the public health and safety exists, may adopt the following regulations as emergency measures to prevent the waste of water:
A. 
Stage I: 60% of reservoir capacity.
(1) 
No person or entity shall cause, permit or allow:
(a) 
The continuing leak or waste from any water pipe, valve, faucet, conduit, equipment, facility, or device connected to the City of Beacon water system, or which utilizes City of Beacon water, on or in any premises owned, leased, managed, operated, or controlled by such person or entity.
(b) 
The washing of any vehicle by means of a hose, fire hydrant, or other active source connection to the City of Beacon water system, except a commercial vehicle washing operation if equipment has been installed and is utilized so that at least 50% of the water used is recirculated by means of a system approved by the Department, or high-pressure restrictor hoses may be used in a coin-operated car wash.
(c) 
The washing of any street, sidewalk, driveway, outdoor area, outdoor steps, building exterior, or other structures by means of a hose, fire hydrant, or other active source connected to the City of Beacon water system or which utilizes City of Beacon water.
(d) 
The use of water from any source for any ornamental purpose, including but not limited to use in fountains, artificial waterfalls, reflecting pools, lakes and ponds.
(e) 
The use of water from the City of Beacon water system to water any lawn, golf course, ornamental shrub, plant, or tree, except that:
[1] 
City of Beacon water may be used to water any lawn, tree, shrub, garden or golf course, greens and tees only from 7:00 p.m. to 8:00 p.m. and 10:00 p.m. to 11:00 p.m.
[2] 
City of Beacon water may be used at any time to irrigate, from a hand-held container, vegetables or fruits for human consumption.
[3] 
Plant nurseries and other commercial users engaged in the business of growing, distributing, or selling plants may use such water on their business premises for watering ornamental shrubs, plants, or trees, provided that each user reduces its use of water by 15% or such other percentages as may (hereafter) be prescribed for nonresidential water users.
(f) 
The opening or use of any fire hydrant, or of the water there from, for any purpose other than fire protection except in accordance with a permit obtained from the Water Department and only for the period of and the purpose authorized by such permit and in strict adherence to all terms and conditions set forth therein.
(g) 
The operation of an air-conditioning system utilizing water from the City of Beacon water system in a cooling tower, unless within 30 days from the effective date of this chapter a separate meter is installed to continuously measure the flow of water to the cooling tower or the water is recirculated.
(h) 
The operation of any air-conditioning system in excess of two tons of rated capacity or greater or any refrigeration unit rated at 10 horsepower or greater using water from the City of Beacon water system unless such air-conditioning system or refrigeration unit is equipped with a water recirculating device approved by the Department.
(i) 
The use of water from the City of Beacon water system to fill or maintain the water level in any swimming pool, except that, provided the pool is operated with recirculating equipment, City water may be used to fill the pool once during each calendar year and thereafter may be used as necessary to maintain the water level in such pool.
(2) 
Each nonresidential user of water from the City of Beacon water system shall prepare and retain a water consumption reduction plan enabling it to reduce its use of water in stages of 15%, 20% and 25% based upon its water consumption during the calendar year. Such plans shall be designed to achieve and maintain a reduction of 15%, 20% or 25% immediately upon the declaration of a Stage I, Stage II or Stage III emergency, respectively. Each such user shall promptly implement the first phase of its plan during Stage I and shall reduce its consumption by 15%. On and after 30 days from the effective date of this chapter, each such user shall have its water consumption reduction plan available at all times for inspecting and copying by employees of the Department.
B. 
Stage II: 40% of reservoir capacity or one well out of service. If at any time the Water Superintendent determines that the measures set forth under Stage I of this chapter have not resulted in a sufficient level of conservation in light of existing water supply conditions, a Stage II drought emergency shall be declared. Upon declaration of a Stage II emergency, in addition to those measures set forth herein above, and in place of Subsection A(1)(e)[1] and [2] and (i) under Stage I:
(1) 
No person or entity shall cause, permit, or allow:
(a) 
The use of water from the City of Beacon water system to fill or maintain the water level in any swimming pool.
(b) 
The use of water from the City of Beacon water system to water any lawn, golf course, ornamental shrub, or plant, except that City of Beacon water may be used to irrigate with a hand-held container vegetables or fruits grown for human consumption.
(2) 
Each nonresidential City of Beacon water system water user shall fully implement its Stage II water consumption plan and shall immediately reduce use of water by no less than 20%.
C. 
Stage III: 20% of reservoir capacity. If, after the imposition of the measures set forth in Stage II of this section, the Water Superintendent finds that water consumption must be further reduced, a Stage III emergency shall be declared and, in addition to the measures set forth hereinabove:
(1) 
All nonresidential users of water from the City of Beacon water system shall reduce their consumption by no less than 25%.
(2) 
All users, both residential and nonresidential, shall install water-flow-restricting devices on all shower heads.
(3) 
All air-conditioning systems utilizing water from the City of Beacon water system shall be operated only in accordance with hourly restrictions established by the Water Superintendent.

§ 24-2 Penalties for offenses; termination of service.

A. 
Violations of this chapter shall be punishable by the general penalty provisions of § 1-3 of the Beacon Code.
B. 
In addition to any penalties which may be imposed by the Beacon Code, where a leak and waste notice has been served in accordance with City regulations and the condition to which such notice relates has not been corrected, a penalty of up to $50 per day may be imposed by the Water Superintendent and added to the water rents re-levied on the tax rolls.
C. 
Water service may be terminated for violations of any provision of this chapter or for any waste of water.

§ 24-3 Variance.

A. 
Upon the application of any person or entity, the City Council may, at its discretion, grant a variance relieving such person or entity from compliance with any of the requirements of this chapter if such person or entity demonstrates to the satisfaction of the City Council that:
(1) 
Undue hardship would otherwise result.
(2) 
There are no possible alternatives.
(3) 
The applicant has taken and will take all possible measures to conserve water, with a complete description of such measures and the water savings to be effective.
(4) 
Such a variance is not inconsistent with the purpose of this chapter.
B. 
In connection with any variance which may be granted, the City Council shall impose such terms and conditions as it deems appropriate.

§ 24-4 Implementation.

This chapter may be placed in effect by resolution of the City Council and remain in effect until modified or until the drought emergency has been declared terminated.