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
Board of Sewer and Water Commissioners or by the Department of Environmental
Protection.
PERSON
Shall mean any individual, corporation trust, partnership
or association, or other entity.
STATE OF WATER SUPPLY EMERGENCY
Shall mean a State of Water Supply Emergency declared by
the Department of Environmental Protection under MGL c. 21G, §§ 15
through 17.
WATER USERS or WATER CONSUMERS
Shall mean 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 Board of Sewer and 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 §
554-6 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 or any portion or combination thereof as necessary to protect the water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under §
554-6 of this bylaw.
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 water ban. Outdoor watering is prohibited.
C. Outdoor water 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, only hand held watering only.
F. Other restrictions. As deemed necessary by the Board
of Sewer and Water Commissioners to protect the water supply.
Notification of any provision, restriction,
requirement or condition imposed by the Board of Sewer and Water Commissioners
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 users of water
of the State of Water Supply Conservation. 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 Sewer and 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 §
554-6 of this bylaw.
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.
Any person violating this bylaw shall be liable
to the Town in the amount of $50 for the first violation, $100 for
the second violation and $250 for each subsequent violation, which
shall be deposited in the Water Service Enterprise Fund. Fines shall
be recovered by indictment, or on complaint before the District Court,
or by noncriminal disposition in accordance with MGL c. 40, § 21D.
Each day of violation shall constitute a separate offense. The enforcing
officer for said violation shall be the Board of the Sewer and Water
Commission or their designees.
The invalidity of any portion or provision of
this bylaw shall not invalidate any other portion or provision thereof.