[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.
- WATER-RELATED PUBLIC EMERGENCY
- A period of time when either the First or Second Taxing Districts or the State of Connecticut advises the Director of Health that:
- A. 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
- B. 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.
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:
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.
The filling or draining of ponds, rivers or lakes used for private or public recreational purposes.
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.
The allowance of plumbing to remain out of repair, resulting in the escape of water.
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.
Using water to wash or flush sidewalks, driveways, pavement, porches or other outdoor surfaces, including the outside of buildings and structures.
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.
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.
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.
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.
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.