[HISTORY: Adopted by the Common Council of the City of Norwalk 5-14-2002. Amendments
noted where applicable.]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them:
Includes individuals, communities, companies, public or private
corporations, limited-liability companies, taxing districts, societies,
associations and the City of Norwalk.
Potable water obtained from a public water system as defined
by § 25-33d of the Connecticut General Statutes or from
a water well as defined by § 25-126(1) of the Connecticut
General Statutes.
A period of time when either the First or Second Taxing Districts
or the State of Connecticut advises the Director of Health that:
The public water supply level to the City or any identifiable
portion of the City is at or is in danger of reaching state drought
level classifications, which constitute low levels with relation to
the needs of the City, or when a drought threatens to result in insufficient
water supply for the residents of the City or for the use of fire
or other protective agencies of the City; or
There is other significant impairment to the water supply.
It is declared to be in the best interest of the public health
and safety of the City to regulate and restrict the use of water from
the public water supply during emergencies caused by drought or other
significant impairment to the water supply.
A water-related public emergency shall be declared by the Mayor
when advised by either the First or Second Taxing District and the
Director of Health and after consultation with state governmental
authorities that such circumstances and criteria set forth in such
definition of a water-related public emergency warrant the determination
of such an emergency in the interest of the public health and safety
of the City. The Mayor shall cause a public announcement of such determination
of emergency to be made at least twice over the local radio station
prior to the time of such emergency becoming effective. Publication
of this fact shall be made prominently in two successive publications
in a newspaper published daily in the City, after which publication
a water-related public emergency shall be in effect. Such water-related
public emergency shall continue in effect until the First or Second
Taxing Districts and the Director of Health advise the Mayor that
such an emergency no longer exists and the Mayor shall make public
announcement of the same by publishing an announcement terminating
the water-related public emergency once in a newspaper published daily
in the City.
A.
The Mayor is authorized, in the time of a water-related public emergency, as defined in § 57C-1, to restrict or declare any or all of the following acts to be unlawful in the City of Norwalk, or any portion thereof, subject to such reasonable exceptions as are determined by the Mayor to be in the public interest:
(1)
The sprinkling, watering or irrigating of shrubbery, trees, lawns,
grass, ground cover, plants, vines and flowers except for shrubbery,
trees, sod, ground cover, plants, vines and flowers kept, maintained
and intended for sale.
(2)
The filling or draining of ponds, rivers or lakes used for private
or public recreational purposes.
(3)
The washing of automobiles, trucks, trailers or boats. Using water
to wash or clean motor automobiles at an automated commercial establishment
may be permitted if the establishment has flied a water conservation
plan acceptable to the Director of Health and is an automated automobile
washing establishment that uses no more than 45 gallons of potable
water per vehicle washed, including make-up and rinse water.
(4)
The allowance of plumbing to remain out of repair, resulting in the
escape of water.
(5)
The use of water from fire hydrants unless same is used for the protection,
safety and welfare of the residents and the City by a public agency.
(6)
Using water to wash or flush sidewalks, driveways, pavement, porches
or other outdoor surfaces, including the outside of buildings and
structures.
(7)
Such other water conservation measures deemed necessary by the Mayor
with the approval of the Common Council, in consultation with either
the First or Second Taxing District, the Director of Health and state
governmental authorities to protect the public water supply or public
health, that are required in the declaration of a water-related public
emergency.
A.
The Director of Health may propose regulations governing and restricting
the use and supply of water during a water-related public emergency
as are consistent with the needs of the public health, preservation
of human life, sanitation, safety, welfare and economic needs of the
City.
B.
The Director of Health shall submit such proposed regulations to
the Board of Health, and such regulation shall, when and as approved
by resolution of the Board of Health and the Common Council, have
the force and effect of law, and be enforced during a water-related
public emergency, provided that a copy of the same is published at
least once in a newspaper having a general circulation in the City.
A.
The Chief of Police or his authorized representative shall enforce
the provisions of this chapter. Any person in violation of any of
the provisions of this chapter shall be fined in an amount not to
exceed $90. Each day such violation continues after the time for correction
of the violation has been given in any order shall constitute a continuing
violation and be subject to a fine of $90 per day for each day said
violation continues.
B.
In addition to other methods of enforcement, this chapter may be
enforced by the use of the civil citation process, including injunctive
relief and reasonable attorneys fees.
Any person aggrieved by any order of the Director of Health
shall have a right to appeal within 48 hours of any such order.
