[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]
This bylaw is adopted by the Town under its police powers to
protect public health and welfare, its powers under MGL c. 40, § 21
and MGL c. 43B, § 13, 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 a state of water 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 Emergency by
providing for enforcement of any duly imposed restrictions, conditions
or requirements imposed by the Town or by the Department of Environmental
Protection with respect to the use of water supplied by the Town of
Middleborough to all water users.
As used in this bylaw, the following terms shall have the meanings
indicated:
Any individual, corporation, trust, partnership or association,
or other entity.
A State of Water Emergency declared by the Department of
Environmental Protection under MGL c. 21G, § 15.
A State of Water Supply Conservation declared by the Town acting by and through its Board of Selectmen pursuant to § 260-5 of this bylaw.
All persons who use water supplied by the Town of Middleborough
at any facility or location, irrespective of any person's responsibility
for billing purposes for water used at any particular facility or
location.
The Town, through its Board of Selectmen, may declare a State of Water Supply Conservation upon a determination by 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 § 260-7 of this bylaw before warnings may be given or violations may be prosecuted under § 260-10.
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 as determined by the Board of Selectmen. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 260-7.
A.
Odd/Even day outdoor watering. Outdoor watering by water users with
odd-numbered street addresses is restricted to odd-numbered days.
Outdoor watering by water users with even-numbered street 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 outdoor automatic sprinkler systems
is prohibited.
F.
Such other restrictions, conditions or requirements limiting the
use of water as necessary to protect the water supply as determined
by the Board of Selectmen.
The Board of Selectmen shall give public notice of any declaration of a State of Water Supply Conservation by publishing such notice in a newspaper or newspapers of general circulation in the towns in which all facilities and locations which use water supplied by the Town are located. Such notice shall include any restriction, condition or requirement which was imposed by the Board of Selectmen under §§ 260-5 and 260-6 of this bylaw pursuant to a declaration of a State of Water Supply Conservation. Any restriction, condition or requirement imposed under §§ 260-5 and 260-6 of this bylaw shall not be effective until the day following such publication of public notice. The Board of Selectmen shall provide written notice of any declaration of a State of Water Supply Conservation to the Department of Environmental Protection.
A State of Water Supply Conservation may be terminated by the Board of Selectmen upon a determination that the water 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 § 260-7.
Upon notification to the public that a declaration of a State
of Water Emergency has been issued by the Department of Environmental
Protection, no person shall violate any restriction, condition or
requirement of any order issued by the Department pursuant to MGL
c. 21G, § 17.
Any person who violates a restriction, condition or requirement imposed by the Board of Selectmen under a declaration of a State of Water Supply Conservation under §§ 260-5 and 260-6 of this bylaw and any person who violates a restriction, condition or requirement of any order issued by the Department of Environmental Protection pursuant to MGL c. 21G, § 17 shall be liable to a fine of $50 for the first offense and $100 for each subsequent offense, which fines shall inure to the Town. Fines shall be recovered by complaint before the District Court. Each day that a violation exists shall constitute a separate offense.
This bylaw may be enforced by police officers of the Town of
Middleborough, by the Superintendent of the Town of Middleborough
Water Department or by the Board of Selectmen.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
