Town of Middleton, MA
Essex County
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Table of Contents
Table of Contents
[Adopted 5-10-2005 by ATM by Art. 22]

§ 230-1 Purpose; applicability.

[Amended 5-10-2011 ATM by Art. 32]
The Middleton Board of Selectmen proposes the following bylaw in an effort to promote water conservation, reduce seasonal water usage and attain the bench mark water consumption standard of 65 gallons of water per capita as required under the Modified Water Withdrawal Permit Number 9P-3-17-071.01, et al., pursuant to the Water Management Act under MGL c. 21G and governed by the Massachusetts Department of Environmental Protection. All users that are customers of the public water supply shall be subject to this bylaw to preserve and maintain the Ipswich Watershed Basin. All lands within the Middleton municipal boundaries drain to the Ipswich Watershed Basin and are thus part of said basin.

§ 230-2 When effective.

A. 
This bylaw is in effect from May 1 to September 30 of each year. This time period may be extended or decreased by majority vote of the Board of Selectmen, as they deem necessary, taking various conditions into consideration, including but not limited to weather, protection of both the Town's water supply and the Ipswich Watershed Basin and compliance with commonwealth regulations.
B. 
This bylaw is automatically superseded in the event of a declaration of a state of water supply conservation or a state of water supply emergency, described in the Water Use Restriction Bylaw.[1]
[1]
Editor's Note: See Art. II of this chapter.

§ 230-3 Restrictions.

A. 
It is unlawful to undertake outside watering of vegetation between the hours of 8:00 a.m. and 7:00 p.m. using Town water through a sprinkler or lawn irrigation system.
[Amended 5-10-2011 ATM by Art. 32]
B. 
All water hoses shall be controlled by a nozzle or other device used to regulate the flow of water leaving the hose. No use of an open-ended hose will be permitted with the exception of filling or topping off of swimming pools.
C. 
All outside spigots, especially those used for filling pools or applying chemicals through hose attachments, shall be retrofitted with an antisiphon device to prevent backsiphonage into the public water supply or the household water supply within six months from the date of enacting this bylaw.
D. 
All new automatic underground irrigation systems shall have moisture sensors installed as part of the system to prevent unnecessary watering. All existing automatic underground irrigation systems shall have moisture sensors installed as part of the system within three years from the date of enactment of this bylaw.

§ 230-4 Violations and penalties.

A. 
First violation. The Department of Public Works will deliver a copy of the bylaw to the offending water user and record such violation for both future reference and/or violations.
B. 
Second violation. Any person violating this bylaw for a second time in a calendar year shall be liable to the Town of Middleton in the amount of $50.
C. 
Third and subsequent violations. Any person violating this bylaw for the third or subsequent time in a calendar year shall be liable to the Town of Middleton in the amount of $100 for each violation.
D. 
Fines shall be recovered by indictment, or on complaint before the Salem District Court, or by noncriminal disposition in accordance with MGL c. 40, § 21D. Each day of violation shall constitute a separate offense.