[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-22-1992, approved 12-21-1992; amended 5-28-1996, approved 6-17-1996; 6-7-2011, approved 9-15-2011 (Art. 91 of the 2011 General By-Laws)]
This By-Law is adopted by the Town under its home rule powers, its police powers to protect public health and welfare and its powers under Massachusetts General Laws Chapter 40, Section 21 et seq. This By-Law implements the Town's authority to regulate water use pursuant to Chapter 41, Section 69B.
The purpose of this By-Law 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.
- ENFORCEMENT AUTHORITY
- Shall mean the Town Board of Public Works or other Department or Board having responsibility for the operation and maintenance of the water supply, the Health Department, the Town Police, Special Police, and any other local designated body having police powers.
- Shall mean any individual, corporation, trust, partnership, association or other entity.
- STATE OF WATER SUPPLY CONSERVATION
- Shall mean a state of conservation declared by the Town pursuant to § 356-4 of this By-Law.
- WATER SUPPLY EMERGENCY
- Shall mean a state of water supply emergency declared by the Department of Environmental Protection under Massachusetts General Laws Chapter 21G, Sections 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 Town through its Board of Public Works may declare a State of Water Conservation upon a determination by a majority vote of that Board that a shortage of water exists, and that conservation of water is necessary to insure adequate supply to all consumers under all conditions.
A declaration of a State of Water Conservation issued by the Board of Public Works may include one or more of the following restrictions, conditions, or requirements restraining the use of water for non-essential purposes as necessary to protect the water supply, which shall be included in the public notice required under § 356-4.
Odd/even lawn watering. Lawn Watering at facilities with odd numbered addresses is permitted only on odd numbered days. Lawn watering at facilities with even numbered addresses is permitted only on even numbered days.
Outdoor watering ban. Lawn watering, and all other forms of non-essential outdoor water use are prohibited.
Outdoor watering hours. Outdoor watering is permitted only during off-peak hours, to be specified in the declaration of a State of Water Conservation and public notice thereof.
Filling swimming pools. Filling of swimming pools is prohibited.
Automatic sprinkler use. The use of automatic sprinkler systems for watering purposes is prohibited.
Notification of any provision, restriction, requirement or condition imposed by the Town as part of a state of water 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 Conservation. Any restriction imposed under § 356-5 shall not be effective until such notification is provided.
A State of Water Supply Conservation may be terminated by a majority vote of the Board of Public Works upon a determination that the water supply shortage no longer exists. Notification of the termination of a State of Water Conservation shall be given in the same manner as notice of the State of Water Conservation is given.
Any person violating this By-Law 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 Public Works may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with Section 21D of Chapter 40 of the General Laws. Each separate issuance of a citation pursuant to this section shall constitute a separate violation.
Upon notification of the public that a declaration of a State of Water Emergency has been declared by the Department of Environmental Protection, no person shall violate any provision, restriction, requirement, condition or order approved or issued by the Department intended to bring about an end to the emergency.
Agents of the enforcement authority may enter any property for the purpose of inspecting and investigating any violation of this By-Law or enforcing the same.
The invalidity of any portion or provision of this By-Law shall not invalidate any other portion or provisions thereof.