[HISTORY: Adopted by the Town Meeting of the Town of Hadley
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-2-2002 ATM by Art. 10; amended 10-23-2003 STM by Art. 19]
This bylaw is adopted by the Town under its police powers to
protect public health and welfare and its powers under MGL c. 40,
§ 21 et seq. 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 water supply 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 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 farming in all its branches and agriculture as
defined in MGL c. 128, § 1A.
Shall mean the Massachusetts Department of Environmental
Protection.
Shall mean any residential, municipal, industrial, or commercial
watering of decorative lawns, trees or shrubbery.
Shall mean any individual, corporation, trust, partnership
or association, or entity.
Shall mean a state of water supply conservation declared by the Town pursuant to § 255-5 of this bylaw.
Shall mean a state of water supply emergency declared by
the Department of Environmental Protection under MGL c. 21G, §§ 15
to 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.
[Amended 11-18-2010 STM by Art. 3]
The Town, through its Board of Water Commissioners, may declare a state of water supply conservation upon a determination by a majority vote of 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 § 255-7 of this bylaw before it may be enforced.
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. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 255-7.
A.
Odd/even day outdoor watering. Outdoor watering by water users with
odd-numbered addresses is restricted to odd-numbered days. Outdoor
watering by water users with even-numbered addresses is restricted
to even-numbered days.
B.
Outdoor watering method. Outdoor watering is restricted to bucket,
can or hand-held hose watering with automatic shutoff nozzle.
C.
Outdoor water ban. Outdoor watering is prohibited.
[Amended 11-18-2010 STM by Art. 3]
D.
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.
E.
Filling swimming pools. The filling of swimming pools is prohibited.
F.
Automatic sprinkler use. The use of automatic sprinkler systems is
prohibited.
G.
Car washing. Car or vehicle washing is prohibited.
[Amended 11-18-2010 STM by Art. 3]
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 water of the state of water supply conservation. Notification of the state of water supply conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection. Notification of a state of water supply emergency declared by the DEP shall be provided by furnishing a copy of the notice to radio and television stations serving the Town as soon as possible, but no later than 48 hours after the Town receives notice of the water supply emergency declaration by the DEP. Any restriction imposed under § 255-6 or in the DEP declaration of emergency or order 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 Water Commissioners 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 § 255-7.
Upon notification to the public that a declaration of a state
of water supply emergency has been issued by the Department of Environmental
Protection, no person shall violate any provision, restriction, requirement,
or condition of any order issued by the Department intended to bring
about an end to the state of emergency.
A.
Any person violating this bylaw 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 use as the Town may
direct. Fines shall be recovered by indictment, or on complaint before
the District Court, or by noncriminal disposition in accordance with
MGL c. 40, § 21D. Each day of violation shall constitute
a separate offense.
B.
Persons violating this section three times within 12 months shall
be subject to termination of water service. Terminated services will
be restored upon payment of all fines and connection fees.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
