[HISTORY: Adopted by the Village Board of the Village of Port Chester 5-6-2002
by L.L. No. 6-2002. (This local law also repealed former
Ch. 330, Water, which consisted of Art. I, Emergency Restrictions, adopted 2-9-1981
by L.L. No. 1-1981.) Amendments noted where applicable.]
The Village of Port Chester purchases water from the New York-American
Water Company or its successor or assigns thereof (here and after the "New
York-American Water Company"). From time to time, the level of the New York-American
Water Company reservoir(s) will require the declaration of a water supply
emergency. When a water supply emergency is declared, there are certain water
use restrictions that must be implemented. As a private company, the New York-American
Water Company must reply upon its municipal customers to enforce the water
use restrictions. Accordingly, the purposes of this chapter arc:
A.
To codify and thereby to enable the Village of Port Chester
to enforce the water use restrictions imposed during a water supply emergency
by the New York-American Water Company, acting in conjunction with the municipalities
it services;
B.
To restrict the wasteful, inefficient and/or nonessential
use of water during periods of drought; and
C.
To establish penalties for violations and to provide
for enforcement of water conservation measures in the Village of Port Chester
for the protection of the health, safety and welfare of the people of the
Village.
The Drought Response Plan of the Connecticut-American and New York-American
Water Companies, which plan established on July 13, 1995, and subsequent modifications
and/or supplements thereto published by the Connecticut-American and New York-American
Water Companies (hereinafter collectively referred to as the "Drought Response
Plan") shall be incorporated by reference into this chapter and become a part
thereof.
Any person, corporation or entity located within the territorial boundaries
of the Village of Port Chester that receives, purchases, and/or uses water
supplied by the New York-American Water Company shall be subject to the provisions
of this chapter.
A.
Based upon the levels of the reservoirs of the New York-American
Water Company, the precipitation levels in the territories serviced by New
York-American Water Company and in the watershed area of its reservoir(s),
and the time of year, New York-American Water Company may declare the existence
of a water supply emergency in one of three possible phases.
B.
New York-American Water Company shall provide notice
of its declaration of a water supply emergency in a newspaper of general circulation
in the Village of Port Chester and by transmittal to the radio and television
media in the territorial areas serviced by it.
C.
When a water supply emergency is declared, the Village
of Port Chester is subject to the Drought Response Plan and the water use
restrictions imposed pursuant thereto. Copies of the Drought Response Plan
and the water use restrictions in place shall be available from the Village
Clerk.
A.
Upon written application of any person, corporation or
entity, the Village Manager may in his or her discretion grant an exemption
and/or variance relieving such person, corporation or entity from compliance
with any of the water use restrictions imposed pursuant to the Drought Response
Plan, on the basis of factors, including but not limited to the following:
(1)
An undue hardship would otherwise result;
(2)
No possible alternatives exists;
(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 effected;
(4)
Such exemption and/or variance is not inconsistent with
the purposes of this chapter; and
(5)
The source and nature of the applicant's water supply.
B.
In connection with any exemption and/or variance which
may be granted, the Village Manager shall impose such terms and conditions
as he/she deems appropriate. Any variance and/or exemption granted shall be
fashioned to comport as strictly as possible with the intent of this chapter.
C.
The determination by the Village Manager to grant or
to deny an exemption and/or variance from compliance with the water use restrictions
imposed pursuant to the Drought Response Plan may be appealed to the Board
of Trustees of the Village of Port Chester. Upon receipt of such an appeal,
the Board of Trustees of the Village of Port Chester shall affirm, reverse
or modify the determination of the Village Manager and impose such terms and
conditions as it deems appropriate.
A.
The Village Police Department, the Superintendent of
Public Works, the Village Code Enforcement Officer(s) and the Village Building
Inspector are hereby designated enforcement officers with respect to the water
use restrictions imposed pursuant to the Drought Response Plan.
B.
All civil penalties imposed and collected by reason of
the enforcement of this chapter by the Village shall be credited to the Village's
general fund.
Any person, corporation, or entity violating any water use restrictions
imposed pursuant to the Drought Response Plan may, upon, conviction, be punished
for the first offense by a fine of not more than $100; and for the second
offense, by a fine of not less than $25 nor more than $200, or by imprisonment
for not more than 15 days, or both. The third or any subsequent offense within
12 months may be punishable by a fine of not less than $75 nor more than $500
or by imprisonment not exceeding six months, or by both such fine and imprisonment.
Each day that any violation under this chapter continues may be considered
a separate offense for which a fine or imprisonment may be imposed.
