[HISTORY: Adopted by the Town of Lancaster as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-1-2006 ATM by Art. 21]
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 Massachusetts Department of Environmental Protection (the "DEP").
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 DEP.
As used in this bylaw, the following terms shall have the meanings indicated:
- Any individual, corporation trust, partnership or association, or other entity.
- STATE OF WATER SUPPLY CONSERVATION
- A state of water supply conservation declared by the Town pursuant to § 211-4 of this bylaw.
- STATE OF WATER SUPPLY EMERGENCY
- A state of water supply emergency declared by the DEP under MGL c. 21G, §§ 15 to 17.
- WATER USERS or WATER CONSUMERS
- 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 conservation shall be given under § 211-6 of this bylaw 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 § 211-6.
Day of week outdoor water use. Outdoor watering by water users is restricted to particular days of the week as specified by the Board and stated in the declaration of a state of water supply conservation and public notice thereof.
Outdoor water use ban. Outdoor watering is prohibited.
Outdoor water use hours. Outdoor watering is permitted only during daily periods of low demand, to be specified by the Board and stated in the declaration of a state of water supply conservation and public notice thereof.
Filling swimming pools. Filling of swimming pools is prohibited.
Automatic sprinkler use. The use of automatic irrigation 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 § 211-5 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 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 § 211-6.
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.
This bylaw may be enforced by the Board of Water Commissioners or its agents.
Whoever violates any provision of this bylaw may be penalized by the noncriminal disposition process as provided in MGL c. 40, § 21D. If noncriminal disposition is elected, then any person who violates any provision of this bylaw shall be subject to fines under Chapter 1, General Provisions, Article I, Noncriminal Disposition, of the Code of the Town of Lancaster, in the amounts set forth in Chapter 1, Article II, Fines. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
Whoever violates any provision of this bylaw may be penalized by indictment or on complaint brought in the District Court. Except as may be otherwise provided by law and as the District Court may see fit to impose, the maximum penalty for each violation or offense shall be $300. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.