[Added 5-6-2002 by L.L. No. 2-2002]
A.
Whenever, for conservation purposes, rules or restrictions
are imposed by the New York City Department of Environmental Protection
upon the consumption of water by consumers within the City of New
York, the same rules and restrictions or rules and restrictions of
like effect which have been approved by the Commissioner of the New
York City Department of Environmental Protection shall be imposed
and enforced by the Town upon the consumption of water by customers
of each duly constituted water district of the Town of Newburgh receiving
water from the City of New York water supply system.
B.
The Town Board shall, by resolution, restate and order
said rules and restrictions to remain in effect so long as they are
imposed by the New York City Department of Environmental Protection.
C.
All regulations and orders authorized by this article
shall be promulgated by posting copies of such regulations and orders
on the official bulletin board of the Town of Newburgh and by publishing
a copy of such orders and regulations in an official newspaper of
the Town at least once during the existence of such emergency water
conditions.
A.
Water restrictions imposed pursuant to this article
shall be enforced by any peace officer or appropriate Town municipal
officers, employees or agents.
B.
The Supervisor of the Town is hereby authorized to
establish administrative procedures to enable the Town to monitor
compliance with water restrictions and any water conservation program
the Town may otherwise impose. The Supervisor shall also be empowered
to investigate long-term strategies of water conservation and to recommend
the enactment of legislation to address, inter alia, the problem of
future water requirements, needs, supplies and sources for the Town
of Newburgh.
A.
Upon written application of any person or entity,
the Town of Newburgh Drought Emergency Board may in its discretion
grant an exemption or variance relieving such person or entity from
compliance with any of the requirements of this article, on the basis
of factors including but not limited to the following:
(1)
That undue hardship would otherwise result;
(2)
That there are no possible alternatives;
(3)
That 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)
That such exemption and/or variance is not inconsistent
with the purposes of this legislation; and
(5)
The source and nature of the applicant's water supply,
if other than the Consolidated Water District.
B.
The Town of Newburgh Drought Emergency Board shall
consist of the following members, who will serve at the pleasure of
the Town Board: the Town of Newburgh Town Engineer, the Town of Newburgh
Water Distribution Superintendent and the Town of Newburgh Water Purification
Superintendent. The Drought Emergency Board is empowered to grant
variances or exemptions by vote of a majority of the members in attendance
at a meeting when the vote is taken. The Drought Emergency Board shall
meet periodically, as required, to timely consider applications for
variance or exemption. Two members shall constitute a quorum for the
transaction of business, but a lesser number may adjourn a meeting
to a subsequent date.
C.
In connection with any variance or exemption which
may be granted, the Drought Emergency Board shall impose such terms
and conditions as it deems appropriate.
D.
The filing or pendency of a variance or exemption
application shall not relieve any person or entity from complying
with any emergency rules and restrictions and shall not immunize any
person or entity from any civil or criminal protection or sanction
respecting emergency rules and restrictions.
E.
Each exemption and variance granted hereunder shall
terminate on the earlier of the date on which the New York City Department
of Environmental Protection terminates the rules and restrictions
from which the exemption or variance was sought or the date on which
the Drought Emergency Board in its discretion determines that the
exemption or variance is no longer warranted.
A.
Any violation of the restrictions in § 179-55 of this chapter shall be an offense punishable by a fine not to exceed $100 for the first offense, not to exceed $500 for the second offense and not to exceed $1,000 for the third and every subsequent offense or, alternatively, by a maximum of 15 days' imprisonment for each offense after the second offense. Each day that any violation under § 179-55 of this chapter continues shall constitute a separate offense for which a fine or imprisonment may be imposed.
B.
In addition to any other penalties prescribed by law, any violation of any provision of Chapter 179 shall be punishable by a civil penalty of not more than $100 for the first violation and not less than $100 nor more than $1,000 for the second and every subsequent violation. Each day that a violation continues shall constitute a separate violation for which such civil penalty may be imposed.
C.
All civil and criminal penalties imposed and collected
by reason of enforcement of this section by the Town shall be credited
to the fund of the appropriate duly constituted water district of
the Town from which the water was drawn.
