[HISTORY: Adopted by the Town of Andover 4-29-2002 Annual Town
Meeting, Art. 40. Amendments noted where applicable.]
This by-law is adopted by the Town under its police powers to
protect public health and welfare and its powers under Massachusetts
General Laws Chapter 40, Section 21 et seq. and implements the Town's
authority to regulate water use pursuant to Massachusetts General
Laws Chapter 41, Section 69B. This by-law also implements the Town's
authority under Massachusetts General Laws Chapter 40, Section 41A,
conditioned upon a declaration of water supply emergency issued by
the Massachusetts Department of Environmental Protection.
The purpose of this by-law is to protect, preserve and maintain
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 Massachusetts
Department of Environmental Protection.
As used in this by-law, the following terms shall have the meanings
indicated:
The Director of Public Works for the Town of Andover.
Any individual, corporation, trust, partnership or association,
or other entity.
The Andover municipal water supply system withdrawing water
from Haggetts Pond.
A state of water supply conservation declared by the Town
pursuant to § 4 of this by-law.
A state of water supply emergency declared by the Massachusetts
Department of Environmental Protection under Massachusetts General
Laws Chapter 21G, Sections 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/location.
The Town, through the Select Board, may declare a state of water
supply conservation within the Town's public water supply system
upon a determination by the Director 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 § 6 of this by-law
before it may be enforced.
A declaration of a state of water supply conservation may include
one or more of the following restrictions, conditions or requirements
limiting the use of water either Town-wide or as limited by the Select
Board as necessary to protect the public water supply. The applicable
restrictions, conditions or requirements shall be included in the
public notice required under § 6.
1.Â
Outdoor water use hours: Outdoor water use by water users is permitted
only during daily periods of low demand, at night or early morning.
2.Â
Odd/even day outdoor water use: Outdoor water use by water users
with odd-numbered addresses is restricted to odd numbered days. Outdoor
water use by water users with even-numbered addresses is restricted
to even-numbered days.
3.Â
Outdoor water use ban: Outdoor water use by water users is prohibited.
4.Â
Filling swimming pools: Filling of swimming pools is prohibited.
5.Â
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 Town water of the state of water supply conservation.
Any restriction imposed under § 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 vote
of the Select Board 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 § 6.
Upon notification to the public that the Massachusetts Department
of Environmental Protection has issued a state of water supply emergency,
no person shall violate any provision, restriction, requirements or
condition or any order approved or issued by the Department intended
to bring about an end to the state of water supply emergency.
Any person violating this by-law shall be subject to a warning
for the first offense and thereafter shall be liable to the Town in
the amount of $50 for the second violation and $100 for each subsequent
violation, which shall inure to the Town for such uses as the Select
Board may direct. Fines shall be recovered by indictment, or on complaint
before the District Court, or by noncriminal disposition in accordance
with Section 21D of Chapter 40 of the provisions of the Massachusetts
General Laws. For purposes of noncriminal disposition, the enforcing
person(s) shall be any police officer of the Town of Andover. Each
day of violation shall constitute a separate offense.
The invalidity of any portion or provision of this by-law shall
not invalidate any other portion or provision thereof.
