[HISTORY: Adopted 4-9-1996 ATM, Art. 6 (Ch. XXVII of the Town Bylaws). Amendments
noted where applicable.]
This bylaw 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 bylaw
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 bylaw 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 bylaw, the following terms shall have the meanings
indicated:
The Board of Water Commissioners of the Town of Hopedale.
The Town's Board of Water Commissioners, its duly appointed
agents, employees and members, the Board of Health, the Town police,
special police, and any other person designated by the Town as having
police powers.
A state of water supply conservation declared by the Town pursuant to § 359-4 of this bylaw.
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.
The Town, 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 supply conservation shall be given under § 359-6 of this bylaw before it may be enforced.
[Amended 6-25-2002 STM,
Art. 7]
A declaration of a state of water supply conservation shall include one or more restrictions, conditions, or requirements limiting 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 § 359-6. Such restrictions, conditions or requirements may include, but are not limited to, one or more of the following measures or any portion or combination thereof reasonably determined to address existing conditions of the Town water supply and needs of the public.
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 for a
period not to exceed two hours per user or consumer per day and only
during the period from 10.00 p.m. to 4:00 a.m.
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 restriction imposed under § 359-5 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.
A state of water supply conservation may be terminated by a majority vote of the Board of Water Commissioners, upon a determination that the condition or condition(s) set forth in § 359-4 no longer exists. Public notification of the termination of a state of water supply conservation shall be given in the same manner required by § 359-6.
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,
condition of any order approved or issued by the Department intended
to bring about an end to the state of emergency.
A.
The enforcing persons, as defined in § 359-3 of this bylaw, may enforce the provisions of this bylaw. Any person violating this bylaw may be subject to civil or criminal enforcement. With regard to criminal enforcement, a violator shall be liable to the Town in the amount of $50 for the first violation and $100 for each subsequent violation which shall inure to the Town for such uses as the Board of Water Commissioners may direct. Each day a violation occurs, and each separate violation of the bylaw, shall constitute a separate offense.
B.
As an alternative to criminal prosecution, the enforcing person may enforce this bylaw pursuant to the noncriminal disposition statute, MGL c. 40, § 21D, and the Town's Noncriminal Disposition Bylaw of the General Bylaws (Chapter 1, General Provisions, Article II, Penalties; Noncriminal Disposition). The noncriminal penalty for violation of any provision of this bylaw shall be:
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
