[HISTORY: Adopted by the Town Board of the
Town of Colonie as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-8-1954]
The purpose and intent of this article is to
conserve and protect the water supply of the Latham Water District
by limiting, restricting and/or prohibiting its use for certain purposes
during periods of emergency as hereinafter defined, in the interest
of public health, safety and welfare.
As used in this article, the following terms
shall have the meanings indicated:
Covers and includes an actual or threatened shortage of water
caused by drought, by the breakdown of the pumping system or the filtration
plant or any part of the distribution system, by a power shortage
or failure, by the declaration of a civil defense alert or by any
other similar occurrence deemed by the Town Board to justify its action
as hereinafter set forth.
Whenever, in the opinion of the Town Board,
it becomes necessary because of the existence of an emergency as hereinbefore
defined to conserve the water supply of said district by limiting,
restricting or prohibiting its use, the Town Board may, at a regular
or special meeting thereof, adopt a resolution declaring such emergency.
Such resolution may:
A.
Direct the Superintendent of the Water Department
to prepare a proclamation prohibiting all users of said water supply
from using the same or any part thereof for the sprinkling or irrigation
of lawns, ornamental plants, shrubs or trees or domestic gardens,
washing motor vehicles or limiting such use to certain hours of the
day or certain days of the week; and/or
B.
Direct said Superintendent to prepare a proclamation limiting, prohibiting or restricting the use of said water by a specified customer, by specified classes/or groups of customers or by customers located within a certain specified area of the district for the same purposes as set forth in Subsection A of this section and/or for the purpose of filling swimming pools, operating air-conditioning installments or in connection with the operation of any commercial or manufacturing processes.
Said proclamation shall specify the duration
of the limitation, prohibition or restriction, if practical; otherwise
such limitation, prohibition or restriction shall continue in full
force and effect until the Town Board shall by appropriate resolution
declare that the emergency no longer exists.
If such resolution declares a general emergency
to exist, such proclamation shall be published in two or more newspapers
having general circulation throughout the district, and copies thereof
shall be posted in at least 10 public places within the district.
If such resolution declares a local or limited emergency to exist, within the purview of § 188-4B of this article and but a small or limited number of customers are affected thereby, the preparation, publication and posting of such proclamation may be dispensed with; in which case, the service upon the customers affected by such prohibition, limitation or restriction of a certified copy of the resolution declaring such emergency shall be sufficient notice thereof.
From and after the date of such publication
and posting or personal service, as the case may be, and during the
period specified therein, or until the publication and posting or
personal service of notice of the termination of the emergency previously
declared, it shall be unlawful for any person, firm or corporation
having the use of said water supply of said district to use any part
of the water so supplied for the purpose or purposes described in
said resolution and proclamation or notice in violation of the prohibitions,
limitations or restrictions therein set forth.
[Amended 9-15-1983 by L.L. No. 16-1983]
Any person, firm or corporation violating any
provision of this article shall be guilty of a violation and, upon
conviction thereof, shall be punishable by a fine of not more than
$250 or imprisonment for not more than 15 days, or by both such fine
and imprisonment.
