The Common Council hereby finds, as a matter of legislative determination, that an adequate supply of water for domestic, commercial, industrial and public use in the City of Albany is essential to the safety, health, welfare and comfort of its people and that restrictive regulations for the purpose of conserving by appropriate limitations the supply of water are required to provide and maintain such supply.
For the best interest of the public and for the preservation of the safety, health, welfare and comfort of the people of the City of Albany, it is hereby ordered and directed that the Mayor be, and he hereby is, authorized, whenever upon the recommendation made by the Commissioner of the Department of Water and Water Supply, the circumstances warrant, to proclaim an emergency and promulgate such rules and regulations as may in his opinion be necessary to conserve the supply of water; the provisions of this article shall apply to all persons, firms, partnerships, associations, corporations, companies or organizations of any kind using water both in and outside the City and regardless of whether any such persons, firms, partnerships, associations, companies or organizations shall have a contract for water service with the City.
It is further ordered and directed that such rules and regulations may include, but shall not necessarily be limited to, the restriction or prohibition of the use of water for air-conditioning equipment, car washing, sprinkling or irrigation of lawns, plants, shrubs, trees or gardens, swimming pools, the escape of water through defective plumbing, which shall mean the knowing permission for defective plumbing to remain out of repair, or any other water-consuming operation.
The proclamation of the emergency as aforestated, and the restrictions to be imposed, shall be conveyed to the public by radio, television and newspaper; announcement by two (2) local radio stations or two (2) television stations, or one (1) radio and one (1) television station, and in one (1) daily newspaper published in the City of Albany shall constitute notice to the general public.
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 Mayor shall declare that the emergency no longer exists.
A violation of any provision of this article and/or any rule or regulation promulgated pursuant to this article shall be punishable by a fine of not more than twenty-five dollars ($25.) for the first offense, not more than one hundred dollars ($100.) for the second offense and not more than two hundred fifty dollars ($250.) for the third or any subsequent offense; in addition the Commissioner of the Department of Water and Water Supply is hereby authorized to discontinue the supply of water to premises where such violation shall occur.
If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.