LL 02 Regulating Water Meters NEW YORK STATE DEPARTMENT OF STATE
Local Law Filing 41 STATE STREET,ALBANY,NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
NVUR
Mfxof-----------------------------QUEENSBURY-- ----------------------------------------------------------
Town
vow
Local Law No-------------2---------------------- of the year 1999
A local law----------REGU,LAT,ING.-14LTER_.METERS--------------------------------------------------------------
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Be It enacted by the ___________________TOWN BOARD -----------------------
of the
-----------------------------------
fNew�oJlr;ir4tire Bdr)
XMY
X QUEENSBURY
Town of----------------- ----------
-------------------------------------------------------- as follows:
-------
XX
In accordance with §198(c) of the Town Law of the State of New York and §10.2 of the
Municipal Home Rule Law of the State of New York, the 'Town Board of the Town of
Queensbu y,does hereby enact as follows:
SECTION 1 - LEGISLATIVE INTENT.
A. Having water meters in good repair and optimal working condition is essential in order
to protect the water supply, accurately measure water usage and provide the Town of
Queensbury Consolidated Water District (the"Water District") customers with correct
bills for water usage.
B. .Tampering with or opening of water meters by unauthorized persons may damage the
water meters, allow the theft of water from the Water District, endanger the safe water
supply and/or permit excessive use of water without regard to needs for conservation
'an`d such actions should be prohibited.
SECTION 2 - DEFINITIONS.
As used in this Ordinance, the following terms shall have the meanings indicated:
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239(Rev.2/98) (1)
A. OPEN - to open a water meter is to break the seal of the meter and/or to access
internal mechanical components thereof.
B. WATER DISTRICT CUSTOMERS - any and all consumers of water from the Town
of Queensbury Consolidated Water District.
C. TAMPER - to interfere with the proper functioning of any water meter whether by
physically manipulating the mechanical workings or by any other means preventing it
from working as intended.
SECTION 3 - AUTHORIZED USER.
Only Water District employees, while acting within the scope of their duties, are
authorized to open or break the seal of water meters within the Water District.
SECTION 4 - UNLAWFUL USE.
It shall be unlawful for anyone other than an authorized user as set forth in Section 3
above, to tamper with, open or break the seal on any water meter.
SECTION 5 - THEFT OF WATER.
All water must pass through a water meter before use by any Water District customer. It
shall be unlawful for anyone to take or attempt to take water from the Water District by
connecting to the Water District water supply before the water meter or where there is no water
meter.
SECTION 6 - ACCESS TO WATER METERS.
Town Water Department employees acting within the scope of their duties shall be
allowed access to water meters located within a private residence during reasonable hours and to
water meters located within a commercial establishment during such commercial establishment's
hours of operation. Failure to grant immediate access by a commercial establishment during
hours of operation shall constitute tampering with a meter and the Town Water Department may
shut off water to such commercial establishment until such time as it is given access during the
Water Department's scheduled water meter reading schedule and the Water Department has
satisfactorily confirmed that there has been no tampering with the water meter.
SECTION 7 - PENALTY.
A. Any person convicted of tampering with, opening or breaking the seal of a water meter
located within a private residence or any person taking water from the Water District
that has not passed through a water meter within a private residence, may be fined up
to two hundred fifty dollars ($250) and incarcerated for up to fourteen (14) days or
both.
(2)
B. Any person convicted of tampering with, opening or breaking the seal of a water meter
located within a commercial establishment or any person taking water from the Water
District that has not passed through a water meter within a commercial establishment,
may be fined up to five hundred dollars ($500) and incarcerated for up to thirty (30)
days or both.
C. Any person convicted of taking water from the Water District where there is no water
meter may be fined five hundred dollars ($500) and incarcerated for up to thirty (30)
days or both.
SECTION 8 - SEVERABILITY.
If any part of this Local Law shall be declared invalid by a Court of competent jurisdiction,
such declaration shall not affect or impair in any way any other provision and all other provisions
shall remain in full force and effect.
SECTION 9 - REPEALER.
Any ordinances, local laws or regulations previously adopted in conflict with this Local
Law are hereby repealed.
SECTION 10 - EFFECTIVE DATE.
This Local Law shall take effect upon its filing in the Office of the New York Secretary of
State as provided in§27 of the New York Municipal Home Rule Law.
SECTION 11 - EXCEPTION.
Sections 5 and 7(C) of this Ordinance shall not apply to residences located within the
former West Glens Falls Water District for the first twelve (12) months following the above
effective date.
(3)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. ------------?---------------------- of 1999--
of the(3X&Uy )(Town)( of----------Q-UEE 9BURY-------------------------------------- was duly passed by the
---Ta41N--BOAR.B___________________________ on__ June 21.__ 1999_, in accordance with the applicable provisions of law.
(Naive of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Offlcer*.)
I hereby certify that the local law annexed hereto,designated as local law No. ___________________________________ of 19------
of the(County)(City)(Town)(Village)of_________________________________________________________________ was duly passed by the
----------------------------------------------- on ------------------ 19 ---, and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the__________________________________________________ and was deemed duly adopted on ------------------ 19____,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 19------
of the(County)(City)(Town)(Village)of_________________________________________________________________ was duly passed by the
--------------------------------------------------- on ------------------ 19----,and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval)by the_________________________________________________ on------------------- 19---- . Such local law was submitted
(Elective Chief Execuave Officer*)
to the people by reason of a (mandatory)(permissive) referendum,and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual)election held on__________________ 19._-_ , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No_ ___________________________________ of 19------
of the(County)(City)(Town)("ftgej of-=------------------------------------------(--------— ----- was duly passed by the
--------------------------------------------------- on ------------------ 19----,and was a roved not approved)(repassed
p roved rep assed after
(Name of Legislative Body)
disapproval)by the__-_-_____________________________________________ on------------------ 19--- . Such local law was subject to
(Ekueve Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of__________________ 19____ ,in
accordance with the applicable provisions of law.
*Elective Chief Executive Offlcer means or Includes the chief executive officer of a county elected on a county-
wide basis or,if there be none, the chairperson of the county legislative body, the mayor of a city or village,or
the supervisor of a town where such officer Is vested with the power to approve or veto local laws or ordinance
(4),
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. ----------------------------------- of 19------
of the City of--------------------------------------------- having been submitted to referendum pursuant to the provisions of
section(36)(37)of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general)election held on- _____________ 19----,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No. ___________________________________ .of 19-.____
of the County of____________________________________________________ State of New York,having been submitted to the electors
at the General Election of November---------------------- 19---_, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election,became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner in-
dicated in paragraph--------J___, above.
i
L
Clerk of the County legislative body,City,Town or Village derk
or officer designated by local legislative body r
(Seal) Date:-�!Q 9 9
(Certification to be executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
CouNTY OF WARREN
I,the undersigned,hereby certify that the foregoing loc2naw contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local nexe el
ip
s' re MARK SCHACHNER
Title TOWN COUNSEL
Town of QUEENSBURY
W
Date: 0&` Z9-99
(5)
i
Fxceisioa
STATE OF NEW YORK
DEPARTMENT OF STATE
ALEXANDER F. TREADWELL ALBANY, NY 1 223 1-000 1
SECRETARY OF STATE
July 9, 1999
DARLEEN M DOUGHER
TOWN OFFICE BLDG.
742 BAY ROAD
QUEENSBURY, NY 12804
RE: Town of Queensbury, Local Law 2, 1999, filed 07/01/99
The above referenced material was received and filed by this office as indicated. Additional local
law filing forms will be forwarded upon request.
Sincerely,
U-
9 FJUA,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
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