[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.
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.
Shall mean a state of conservation declared by the Town pursuant to § 356-4 of this By-Law.
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.
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.
A.
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.
A.
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.
B.
Outdoor watering ban. Lawn watering, and all other forms of non-essential
outdoor water use are prohibited.
C.
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.
D.
Filling swimming pools. Filling of swimming pools is prohibited.
E.
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.
