[Added 6-11-2002 ATM, Art. 9]
This bylaw is adopted by the Town under its police powers to
protect public health and welfare and its powers under M.G.L. c. 40,
§§ 21 et seq. and implements the Town's authority
to regulate water use pursuant to M.G.L. c. 41, § 69B. This
bylaw also implements the Town's authority under M.G.L. 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.
As used in this bylaw, the following terms shall have the meanings
indicted:
Any individual, corporation, trust, partnership or association,
or other entity.
A state of water supply emergency declared by the Department
of Environmental Protection under M.G.L. c. 21G, § 15-17.
A state of water supply conservation declared by the Town
pursuant to § 10-304 of this bylaw.
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 Selectmen, 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 conservation shall be
given under § 10-306 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 § 10-306.
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 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 automatic sprinkler systems is
prohibited.
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. Any
restriction imposed under § 10-305 shall not be effective
until such notification is provided. Notification of the state of
water supply conservation shall also be simultaneously provided to
the Massachusetts Department of Environmental Protection.
A state of water supply conservation may be terminated by a
majority vote of the Board of Selectmen, 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 § 10-306.
Upon notification to the public that the Department of Environmental
Protection has issued a declaration of a state of water supply emergency,
no person shall violate any provision, restriction, requirement, or
condition of any order approved or issued by the Department intended
to bring about an end to the state of emergency.
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. Fines shall be recovered
by indictment, or on complaint before the District Court, or by noncriminal
disposition in accordance with Section 21 D of Chapter 40 of the General
Laws and § 1-109 of the Code of the Town of Northbridge.
Each day of violation shall constitute a separate offense.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
