[HISTORY: Adopted May 1997 ATM by Art. 11
as Ch. 33 of the 1997 Bylaws. Amendments noted where applicable.]
This chapter is adopted by the Town under its
police powers to protect public health and welfare and home rule powers
of the Town pursuant to its authority under MGL c. 40, § 21
and implements the Town's authority under MGL c. 40, § 41A,
conditioned upon a declaration of water supply emergency issued by
the Department of Environmental Protection.
[Amended 1997 ATM by Art. 23]
The purpose of this chapter is to protect, preserve,
and maintain the public health, safety, and welfare whenever there
is in force a state of water supply conservation or a state of water
supply emergency by providing for enforcement of any restrictions,
requirements, provisions or conditions imposed by the Town of Chatham
or by the Massachusetts Department of Environmental Protection (DEP).
The following words, for the purposes of this
chapter of these bylaws, shall, unless another meaning is clearly
apparent for the way in which the word is used, have the following
meanings:
Means the Select Board as the Board of Water Commissioners,
or its designees.
[Amended 6-12-2021 ATM by Art. 55]
Means any individual, corporation, trust, partnership, state,
federal, or municipal government or political subdivision or association
or other entity.
Means a state of water supply conservation declared by the Town pursuant to § 261-4 of this chapter.
Means a state of water supply emergency declared on petition
of the Town by the Massachusetts Department of Environmental Protection
pursuant to MGL c. 21G, §§ 15 through 17, and c. 111,
§ 160, or by the Governor.
Means all public and private users of the Town's public water
system, irrespective of any person's responsibility for billing purposes
for water used at any particular facility.
The Town of Chatham, through its Board of Water Commissioners, may declare a state of water supply conservation upon a determination by a majority vote of the Board that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply of water to all water consumers. Public notice of a state of water conservation shall be given under § 261-6 of this chapter before it may be enforced.
A.
Declaration of a state of water supply conservation
or water supply emergency shall include but not be limited to one
or more of the following restrictions, conditions, or requirements
limiting the use of water as necessary to protect the water supply:
(1)
Outdoor watering by water users with odd-numbered
addresses is restricted to odd-numbered days. Outdoor watering by
water users with even-numbered addresses is restricted to even-numbered
days.
(2)
Outdoor watering is prohibited.
(3)
Outdoor watering is permitted only during daily periods
of low demand; watering times will be specified in the declaration
of a state of water supply conservation or state of water supply emergency
and public notice thereof.
(4)
Filling of swimming pools is prohibited.
(5)
The use of outdoor irrigation automatic sprinkler
systems is prohibited.
(6)
The washing of automobiles, driveways, and sidewalks
is prohibited.
A.
Notification of any provision, restriction, requirement
or condition imposed by the Town as part of a state of water supply
conservation or state of water supply emergency shall be published
in a newspaper of general circulation within the Town or by such other
means reasonably calculated to reach and inform all users of water
of the state of water supply conservation or state of water supply
emergency.
B.
Any restriction imposed under § 261-5 shall not be effective until such notification is provided.
C.
Notification of the state of water supply conservation
shall also be simultaneously provided to the Massachusetts Department
of Environmental Protection.
A.
A state of water supply conservation may be terminated
by a majority vote of the Board of Water Commissioners, upon a determination
that the water supply shortage no longer exists.
[Amended 1997 ATM by Art. 23]
Upon publication of public notice, as stated in § 261-6, that a declaration of a state of water supply conservation has been issued by the Town of Chatham's Board of Water Commissioners or a state of water supply emergency has been issued by the Massachusetts Department of Environmental Protection, no person shall violate any provision, restriction, requirement, or condition of any order approved or issued by the Board of Water Commissioners and/or Department of Environmental Protection intended to bring about an end to the state of water supply conservation or water supply emergency.
