[HISTORY: Adopted by the Town Meeting of the Town of Templeton 9-10-2002 (Art. XLI of the Bylaw Compilation).
Amendments noted where applicable.]
This bylaw is adopted by the Town under its police powers pursuant
to the Home Rule Amendment of the Massachusetts Constitution, Article
LXXXIX, to protect public health and welfare and its powers pursuant
to 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 Massachusetts
Department of Environmental Protection.
As used in this bylaw, the following terms shall have the meanings
indicated:
Farming in all its branches and agriculture, as defined in
MGL c. 128, § 1A.
The Massachusetts Department of Environmental Protection.
Any residential, municipal, industrial, or commercial watering
of decorative lawns, trees or shrubbery.
Any individual, corporation, trust, partnership, association,
agency or authority, or other entity and any officer, employee, group
or agent of such persons.
A State of Water Supply Conservation declared by the Town pursuant to § 267-4 of this bylaw.
A State of Water Supply Emergency declared by the Department
of Environmental Protection under MGL c. 21G, § 15 through
§ 17.
All persons using water from the Town's public water source,
irrespective of that person's responsibility for billing purposes
for use of the water.
The Town, acting through its Board of Light and Water Commissioners, may declare a State of Water Supply Conservation upon a determination by a majority vote of the Board of Light and Water Commissioners that a shortage of water exists of such a degree that 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 § 267-6 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 except as provided in § 267-11. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 267-6.
A.
Odd/Even day outdoor watering. Outdoor watering on property having
an odd-numbered address is restricted to odd-numbered days. Outdoor
watering on property having an even-numbered address is restricted
to even-numbered days.
B.
Off-peak outdoor watering. Outdoor watering is limited to between
particular hours on particular days as specified in the notice.
C.
Outdoor watering method restriction. Outdoor watering is restricted
to bucket, can or hand-held hose watering with automatic shutoff nozzle.
D.
Outdoor watering ban. Outdoor watering is prohibited.
E.
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.
F.
Swimming pool filling prohibition. Filling and topping off of swimming
pools is prohibited.
G.
Automatic sprinkler use prohibition. The use of automatic sprinkler
systems is prohibited.
H.
Car washing prohibition. Car or vehicle washing is prohibited.
Notification of any provision, including any 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 a State of Water Supply Emergency declared by the Department shall be provided by furnishing a copy of the notice to radio and television stations serving the area served by the public water system as soon as possible, but no later than 48 hours after the public water system receives notice of the Department's declaration. Any restriction imposed under § 267-5 of this bylaw or in the Department's declaration of emergency or order shall not be effective until such notification is provided. Notification of the State of Water Supply Conservation shall also be provided to the Department at the same time that public notice is given.
A State of Water Supply Conservation may be terminated by a
majority vote of the Board of Light and 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 as is required for notice of the
Town's declaration of its State of Water Supply Conservation.
Upon notification to the public that a declaration of a State
of Water Supply Emergency has been issued by the Department, no person
shall violate any provision, restriction, requirement, condition of
any order approved or issued by the Department for the purpose of
bringing about an end to the State of Water Supply Emergency. The
notice prescribed by this section shall be in writing and shall be
published once in a newspaper of general circulation within the Town
where it is to be effective. Such notice shall summarize the provisions
of the Declaration of Water Supply Emergency and the requirements
and conditions thereof. Notice as prescribed by this section shall
be sufficient for enforcement of the requirements of such declaration
on and after the date following newspaper publication.
The Town, through its Board of Light and Water Commissioners,
the manager of the Municipal Light and Water Plant, or local police
may enforce this bylaw. 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. Fines shall be recovered by indictment,
or on complaint before the District Court, or by noncriminal disposition
in accordance with MGL c. 40, § 21D.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
The water use restrictions adopted under this bylaw shall not
apply to the specific uses outlined below, provided the user meets
applicable eligibility criteria as determined by the Board of Light
and Water Commissioners:
