15 RCNY § 21-10 Prohibitions and Reductions.
§ 21-10 Prohibitions and Reductions.
(a) Prohibitions. Upon declaration by the Commissioner of a Stage II Water Shortage Emergency, no person shall cause, permit or allow:
(1) The continuing of any waste of City water on or in any premises owned, used, leased, managed, operated or controlled by such person;
(2) The use of City water to wash any vehicle (including any aircraft, watercraft or land vehicle whether on- or off-road), provided that this provision shall not be construed to prohibit the reasonable use of City water for washing such vehicles where mandated by law or for health or safety purposes;
(3) The use of City water to spray, wash or wet any hard or paved surfaces, including, but not limited to, streets, sidewalks, driveways, outdoor areaways (including any recreational areas, whether at ground level or on a structure), parking areas or outdoor steps; provided, however, that this provision shall not be construed to prohibit the washing of such surfaces, particularly the exterior surface of a building, where such washing is required as part of repairs mandated by the Administrative Code or to protect the health and safety of the public, as determined by the Commissioner, provided such use is consistent with any restrictions set forth in § 24-332 of the Administrative Code of the City of New York and 15 RCNY § 20-08(a)(8);
(4) The use of City water from any source for any ornamental or aesthetic purpose, including, but not limited to, use in fountains, waterfalls, reflecting pools, lakes and ponds, unless the pond or lake is a habitat for animals living in such body of water prior to the Water Shortage Emergency, and provided further that where City water is not used (e.g., private well water), a sign at least six inches in height by nine inches in width must be prominently posted at the location indicating that the water being used in such fountain, waterfall, reflecting pool, lake or pond is not City water;
(5) The use of City water by means of a hose or other active source to water any turf or any other non-turf plants, except that, subject to any restrictions set forth in 15 RCNY § 20-08(a)(6)(ii) and (iii):
(i) newly seeded or newly sodded turf (excluding golf course fairways and roughs) or newly planted non-turf plants may be irrigated with City water on the day of planting and for the first day following planting;
(ii) if hand-held hoses equipped with nozzle tips or in-line flow regulators or water-conserving irrigation systems that effectively limit water output to a maximum flow rate of five gallons per minute at eighty pounds per square inch are utilized, City water may be used to water non-turf plants (except in nurseries) only in accordance with the schedule set forth in 15 RCNY § 21-09(a)(5)(iii); and
(iii) if a hand-held container or a water-conserving irrigation system with an acceptable irrigation controller is utilized, City water may be used to water non-turf plants intended as food for human consumption for one or both of the two two-hour periods on the appropriate day as set forth in 15 RCNY § 21-09(a)(5)(iii), provided that, for water-conserving irrigation systems, these time periods are indicated on the signage mandated by 15 RCNY § 21-07;
(6) The opening or use of any fire hydrant, or of the City water therefrom, for any purpose other than fire protection, except in accordance with the terms and conditions set forth in a permit obtained from the Department pursuant to 15 RCNY § 20-08(b);
(7) The serving of water from the City water supply system to any patron of a restaurant, club, hotel, cafe, cafeteria or other public place where food is served or offered for sale, unless specifically requested by such patron; or
(8) The use of City water to fill or maintain the water level in any swimming pool, except that City water may be used to fill municipally-operated swimming pools and other swimming pools open to the general public that are operated with recirculating equipment and are filled once during each calendar year, and thereafter may be used as necessary to maintain the water level in such pools open to the general public at a level no greater than that necessary to ensure continued operation of such recirculating equipment.
(b) Reductions. Upon declaration by the Commissioner of a Stage II Water Shortage Emergency:
(1) Notwithstanding any provisions of 15 RCNY § 21-10(a), nurseries may continue to use City water to water non-turf plants but must reduce their water use by at least 10% per month, as compared to the average meter reading data for the same month in the year immediately preceding the declaration of the Water Shortage Emergency;
(2) Notwithstanding any provisions of 15 RCNY § 21-10(a), golf course tee boxes and greens, playgrounds, and athletic play fields may be irrigated using City water, provided that (i) all irrigation is done using hand-held hoses equipped with nozzle tips or in-line flow regulators, or water-conserving irrigation systems, and (ii) water use is reduced by at least 30% per month, as compared to the average meter reading data for the same month in the year immediately preceding the declaration of the Water Shortage Emergency; and
(3) Persons operating bottling plants, paper recycling facilities, or hotels in the City, any of which use an average of at least 100,000 gallons of City water per day, as calculated on an annual basis, must reduce water use at each such plant, facility, or hotel by at least 10% per month, as compared to the average meter reading data for the same month in the year immediately preceding the declaration of the Water Shortage Emergency; provided, however, that such person may instead reduce total water use by at least 10% per month, if such person demonstrates in writing to the Department that such reduction equals or exceeds the sum of reducing water use at each such plant, facility, or hotel by at least 10% per month.
(Amended City Record 4/13/2022, eff. 5/13/2022)