[HISTORY:[1] Adopted by the New Canaan Town Council as indicated in
article histories. Amendments noted where applicable.]
[Adopted 5-11-2005, effective 5-27-2005]
It is in the best interest of the public health and safety to
regulate and restrict the use of water from the public water supply
and from private wells during emergencies caused by drought, or periods
of unusually high demand, or other circumstances affecting the supply
of water or posing a threat of significant impairment to water potability.
This ordinance is enacted to plan for, and implement, water usage
restrictions during times of such water supply emergency.
For purposes of this ordinance, the following words shall have
the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Any individual, corporation, company, partnership, association,
firm, group, or entity of any kind.
The First Selectman may declare the existence of a water supply
emergency when advised by the Director of Health, and after consultation
with state governmental authorities and local water company officials
such as BHC or its successor, that circumstances warrant the determination
of such an emergency, in the phases set forth below, in the interest
of public health and safety in the Town of New Canaan. In addition
to general media and public service announcements, the First Selectman
shall cause a legal notice of such declaration(s) to be published
in a local newspaper having general circulation in the Town of New
Canaan, and the restrictions shall be effective upon the date of such
publication. The restrictions shall continue until the First Selectman
makes a public announcement of the termination of the emergency.
Upon the declaration of a water supply emergency - Phase I,
the following uses of water shall be prohibited:
A.
Sprinkling,
watering or irrigation of shrubbery, trees, lawns, grass, ground cover,
plants, vines and flowers not used in the furtherance of a person's
livelihood or enterprise;
B.
The
filling or draining of pools, ponds, rivers or lakes used for private
or public recreational purposes;
C.
The
washing of automobiles if the same is not in furtherance of a person's
livelihood or enterprise;
D.
The
allowance of plumbing to remain out of repair, resulting in the escape
of water;
E.
The
use of water from fire hydrants, unless used for the protection, safety
and welfare of residents and the Town by a public agency;
F.
The
use of ornamental or display fountains of any kind;
G.
The
use of water for any air-conditioning system, unless such air-conditioning
system has a system of recirculating water;
H.
The
use of water for flushing or wetting down any streets, sidewalks,
driveways or parking areas; and
I.
Restaurants
providing water to patrons without request.
Upon the declaration of a water supply emergency - Phase II,
the following uses of water shall be prohibited in addition to those
above:
A.
The
use of water at nursery facilities for nonagricultural irrigation,
watering or sprinkling, except daily between the hours of 2:00 a.m.
and 6:00 a.m. and between the hours of 6:00 p.m. and 10:00 p.m.;
B.
The
use of water for watering or sprinkling any portion of a golf course,
except for daily between 12:00 midnight and 6:00 a.m., and hand watering
of greens once per day;
C.
The
use of water at public athletic fields for nonagricultural irrigation,
watering or sprinkling, except for daily between the hours of 4:00
a.m. and 6:00 a.m.; and
D.
The
noncommercial use of water or steam for the cleaning of buildings
or any other structure's exterior, including decks.
Upon the declaration of a water supply emergency - Phase III,
the following uses of water shall be prohibited in addition to those
above:
A.
The
use of water or steam for cleaning of buildings or any other structure's
exterior, including decks;
B.
The
use of water for the commercial washing or cleaning of automobiles,
trucks, trailers, or any other vehicle;
C.
The
use of water for watering or sprinkling of any portion of a golf course;
D.
The
use of water for watering or sprinkling at nursery facilities;
E.
The
use of water for watering or sprinkling public athletic fields;
F.
The
use of water from any stream, creek or other surface water supply;
and
G.
The
use of water for water-cooled air-conditioning units and heat pumps,
except during such times as specifically authorized by the Director
of Health in writing.
The Director of Health may, upon written application of any
person, or upon his/her own initiative, grant an exemption and/or
variance relieving such person from compliance with any of the requirements
of this ordinance when, in the opinion of the Director of Health,
such an exemption and/or variance would be in the general public interest
and would not unnecessarily endanger the public health and safety.
In connection with any exemption and/or variance which may be granted,
the Director of Health shall impose such terms and conditions as he/she
deems appropriate. Any exemption and/or variance granted shall be
fashioned to comply as closely as possible with the intent of this
ordinance.
The New Canaan Police Department shall be responsible for the
enforcement of this ordinance, provided that the police may refer
complaints to the New Canaan Health Department, or any health district
of which New Canaan is a part, for preliminary investigation during
normal business hours. Any person who violates any of the provisions
of the water supply restriction regulations as implemented by the
First Selectman shall be fined the maximum amount for infractions
as set forth by the State of Connecticut Superior Court infractions
schedules, and each day any violation continues shall constitute a
separate offense.
