Loading...
291.2002 RESOLUTION ENACTING ORDINANCE NO.: 1 OF 2002 ENTITLED, “ORDINANCE RESTRICTING OUTDOOR WATER USE IN THE SHORE COLONY WATER DISTRICT” RESOLUTION NO:. 291 2002 INTRODUCED BY: Mr. Roger Boor WHO MOVED ITS ADOPTION SECONDED BY: Mr. Tim Brewer WHEREAS, the Town of Queensbury established the Shore Colony Water District (District) over forty (40) years ago and the District presently includes only forty-two (42) properties, and WHEREAS, the Town and District are now unable to measure the individual water usage of each property and so the amount budgeted annually by the Town to cover costs of the District are allocated equally among each of the 42 properties without regard to actual water usage, and WHEREAS, the New York State Department of Health (DOH) and Department of Environmental Conservation (DEC) have required significant improvements to the water processing and filtration system and procedures in the District, which have been implemented by the Town, and WHEREAS, the amount included in the year 2002 budget for the Town Water Department anticipated a certain reasonable level of service based on engineering information applicable at the time that the budget was prepared which was prior to the imposition of the additional requirements by DOH and DEC, and WHEREAS, implementation of the additional DOH and DEC requirements has resulted in significant unexpected cost increases which were not included in the year 2002 budget, and WHEREAS, the Town wishes to minimize the impact of these increased costs and has discussed various alternatives with the Town Water Superintendent, and WHEREAS, although the Town is hoping install water meters in the District as soon as possible, this cannot feasibly occur until the next budget year, and WHEREAS, the Town Board and Town Water Superintendent believe that it is vital to take immediate action to limit the impact of the increased cost of operation of the District, and WHEREAS, in accordance with Town Law §198(3)(c) the Town Board is empowered to adopt ordinances, rules and regulations for the operation of the Water District and use of water and provide for enforcement or for the punishment of violators, and th WHEREAS, the Town Board duly held a public hearing on July 15, 2002 and heard all interested persons considering its proposal to adopt an Ordinance entitled “Ordinance Restricting Outdoor Water Use in the Shore Colony Water District” which would apply to all water users in the Shore Colony Water District, and WHEREAS, a copy of the proposed Ordinance No.: 1 of 2002 has been presented at this meeting and is in form approved by Town Counsel, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts the Ordinance No.: 1 of 2002 entitled “Ordinance Restricting Outdoor Water Use in the Shore Colony Water District” as follows: Ordinance Restricting Outdoor Water Use in the Shore Colony Water District WATER USE RESTRICTION 1. – Use of water for outdoor purposes, including but not limited to: lawn and garden watering, car washing, swimming pool and pond 2 filling, and filling of decorative fountains shall be permitted through the use of a hand- held hose actually held in a person’s hand only. No person, corporation or other entity, shall use or permit the use of District water for any outdoor purpose by any other means. RESTORATION OF SERVICE 2.- In any case where the water supply to any premises has been shut off for cause it shall be a violation for any person to restore such service without the permission of the Water Department. DURATION 3. - This Ordinance shall remain in effect until specifically rescinded by the Town Board. PENALTIES FOR OFFENSES 4. – Non-compliance with or violation of this Ordinance shall constitute a Violation, punishable by a fine not to exceed $1000 per violation. In addition, the Town Board may discontinue the water service and cut off the water supply to any premises at which the owner or occupant has failed to comply with the provisions of this Ordinance. ENFORCEMENT 5. – This Ordinance may be enforced by the Water Department and/or by any Town Code Compliance Officer and may be prosecuted in Town Court. and BE IT FURTHER, RESOLVED, that the Ordinance No.: 1 of 2002 shall take effect immediately, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk 3 to publish a certified copy of this Ordinance in the official newspaper of the Town and publish such notices as may be required by law. th Duly adopted this 15 day of July, 2002, by the following vote: AYES : Mr. Stec, Mr. Brewer, Mr. Brower, Mr. Boor, Mr. Turner NOES : None ABSENT: None 4