[HISTORY: Adopted by the Annual Town Meeting
of the Town of Orange as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-16-2008 ATM, Art. 8]
This article is adopted by the Town under its
police powers to protect public health and welfare and its powers
under MGL c.40, § 21 et seq., and implements the Town's
authority to regulate water use pursuant to MGL c.41, § 69B.
This article also 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.
The purpose of this article is to protect, preserve
and maintain the public health, safety and welfare whenever there
is in force a state of water supply conservation or state of water
supply emergency by providing for enforcement of any duly imposed
restrictions, requirements, provisions or conditions imposed by the
Town or by the Department of Environmental Protection.
As used in this article, the following terms
shall have the meanings indicated:
Any individual, corporation, trust, partnership or association,
or other entity.
A state of water supply conservation declared by the Town
pursuant to § 193-4 of this article.
A state of water supply emergency declared by the Department
of Environmental Protection under MGL c.21G, §§ 15
through 17.
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.
[Amended 11-4-2010 STM by Art. 13]
The Town, through its Board of Water Commissioners,
may declare a state of water supply conservation upon a determination
by its Superintendent and/or certified water operators 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 § 193-6
of this article before it may be enforced.
A declaration of a state of water supply conservation
shall include one or more of the following restrictions, conditions,
or requirements limiting the use of water as necessary to protect
the water supply. The applicable restrictions, conditions or requirements
shall be included in the public notice required under § 193-6.
A.
Odd/even day outdoor watering: 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.
B.
Outdoor watering ban: Outdoor watering is prohibited.
C.
Outdoor watering hours: Outdoor watering is permitted
only during daily periods of low demand, to be specified in the declaration
of a state of water supply conservation and public notice thereof.
D.
Filling swimming pools: Filling of swimming pools
is prohibited.
E.
Automatic sprinkler use: The use of automatic sprinkler
systems is prohibited.
Notification of any provision, restriction,
requirement or condition imposed by the Town as part of a state of
water supply conservation 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. Any restrictions imposed under § 193-5 shall
not be effective until such notification is provided. Notification
of the state of water supply conservation shall also be simultaneously
provided to the Massachusetts Department of Environmental Protection.
[Amended 11-4-2010 STM by Art. 13]
A state of water supply conservation may be
terminated by its Superintendent and/or certified water operators
upon a determination that the water supply shortage no longer exists.
Public notification of the termination of a state of water supply
conservation shall be given in the same manner required by § 193-6.
Upon notification to the public that a declaration
of a state of water supply emergency has been issued by the Department
of Environmental Protection, no person shall violate any provision,
restriction, requirement, or condition of any order approved or issued
by the Department intended to bring about an end to the state of emergency.
Any person violating this article shall be liable
to the Town of Orange Water Department in the amount of $50 for the
first violation and $100 for each subsequent violation, which shall
inure to the Town. Fines shall be recovered by indictment, or through
the collection process, or on complaint before the District Court,
or by noncriminal disposition in accordance with § 21D of
Chapter 40 of the General Laws. Each day of violation shall constitute
a separate offense.
This article will be enforced by the Orange
Water Department and the Orange Police Department.
