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The city, at its own expense, shall erect and maintain all fences needed to protect the works upon the lands taken by the city in the county of Westchester for water supply purposes by virtue of chapter two hundred fifty-six of the laws of eighteen hundred thirty-four. It shall also erect and maintain, at its own expense, convenient passes under or across the Croton aqueduct, for farming and other uses of individually owned lands in such county intersected by such aqueduct.
a. Any natural lake or any reservoir used or built by the city for water supply purposes may be used by the public for boating, cutting ice and fishing. The city and its representatives shall not prohibit such use, and they are required to afford access to such lakes or reservoirs, except that the city may prohibit such use in the event of a declaration of an emergency by the governor as hereinafter provided and except in the event of the declaration of war by or against the United States of America. The city may grant permits to boat owners for the use of boats on such lakes and reservoirs, and may prescribe rules and regulations for their proper use.
b. If any emergency shall have been declared to exist by the governor in the manner hereinafter provided in subdivision c of this section or in the event of a declaration of war by or against the United States of America, the mayor, for the duration of such emergency or of such war, may revoke, in whole or in part, the privileges set forth in subdivision a hereof and prohibit the use by the public of the lakes and reservoirs of the city. The commissioner may make reasonable rules and regulations as to the use of such reservoirs during such emergency or war period. Any such order of revocation shall define the terms and extent of revocation, and shall state the date on which it shall become effective. Any rules and regulations promulgated by the commissioner of environmental protection during such emergency shall be published once in a newspaper circulating in each of the counties in which the water supply property to be affected thereby shall be located.
c. The governor is hereby empowered to declare the existence of an emergency affecting the city's water supply sources upon application of the commissioner of environmental protection and subject to the following conditions:
1. Notice of the application by the commissioner to have such emergency declared and of the date and place of the public hearing to be had thereon shall be published at least twice in a newspaper published in each county in which are located the sources of water supply as to which it is claimed the emergency exists and in addition written notice of such application and of the date and place of the hearing thereon shall be served on the clerk of the board of supervisors of each such county at least eight days before such hearing.
2. After such public hearing, at which all persons interested shall have an opportunity to be heard, the governor, may, if he or she deems such emergency to exist, declare the existence of such emergency affecting the city's water supply sources and fix the period for which the emergency shall be deemed to exist. The duration of such period of emergency may be extended after the giving of similar notice and after holding of a similar public hearing.
3. Notwithstanding the requirements of paragraphs one and two of subdivision c of this section, the governor shall have the power to declare the existence of an emergency affecting the city's water supply sources or any part thereof upon application of the commissioner without notice, and without a public hearing for a period not exceeding thirty days. Where such emergency is so declared, however, it shall not be extended or renewed except after notice and public hearing as provided in such paragraphs one and two.
d. In the event of the declaration of an emergency by the governor or of the declaration of war by or against the United States of America, duly designated employees of the department of environmental protection are empowered and authorized to act as peace officers in any county in which any water supply property of the city is located for the purpose of enforcing the rules and regulations promulgated by the commissioner for the period of the emergency. The department of environmental protection shall file in the office of the sheriff of each such county a certificate of appointment of each such designated employee, and shall attach to each such certificate a complete copy of the rules and regulations promulgated pursuant to subdivisions a and b of this section. Copies of all amendments of such rules and regulations shall be filed by the commissioner with each such sheriff. The sheriff of any such county may cancel any such certificate for cause, and forthwith shall mail written notice of such cancellation to the department of environmental protection, specifying the cause of such revocation. Immediately upon any such cancellation, the employee whose certificate shall have been cancelled, shall have no further authority to act as a peace officer. Each employee so appointed at all times when on duty, shall have in his or her possession a shield or other suitable badge of authority which he or she shall exhibit at once to any person upon request.
e. It shall be the special duty of the employees so appointed to prevent breaches of the peace and unlawful depredations and to arrest and bring before the proper judicial officer any person guilty of violating any of such rules and regulations.
f. Any person convicted of violating any of the rules and regulations promulgated pursuant to subdivision a of this section shall be punished by a fine of not more than ten dollars for the first offense, twenty dollars or ten days imprisonment, or both, for the second offense, or fifty dollars or fifty days imprisonment, or both, for the third or any subsequent offense.
Whenever the waters of natural lakes in Putnam county have been or are acquired by the city, or reservoirs have been or are constructed, the residents of such county shall have the right of boating, fishing and taking ice from such lakes and reservoirs, subject to such regulations as the commissioner of environmental protection may make from time to time to preserve the purity of the water and to prevent nuisances, and subject, however, to the right of the city to prohibit such use in the event of the declaration of an emergency as provided in section 24-326 of this code.
It shall be unlawful to establish any cemetery or place of burial, or burial vaults, or other place for the reception or burial of dead bodies, or to bury, or deposit in vaults, any dead body, within a distance of half a mile of any reservoir, or any ponds used for the supply of the borough of Brooklyn with water. In the county of Nassau, however, it shall be lawful to do so with the written consent of the state department of health and the commissioner of environmental protection upon such terms and conditions as may be prescribed by such commissioner. This section shall not, however, be construed to prevent burials in any cemetery already established, or grounds now held by any religious corporation or society organized under the laws of this state.
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