[HISTORY: Adopted by the Town Meeting 5-13-2002 ATM, Art.
14. Amendments noted where applicable.]
This bylaw is adopted by the Town of Webster
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 fore a State or water Supply Conservation or State Water Supply
Emergency by providing for enforcement of any duly imposed restrictions,
requirements, provisions or conditions imposed by the Town of Webster
or by the Department of environmental Protection.
Any individual, corporation trust, partnership or association,
or other entity.
A State of water Conservation declared by the Town pursuant to § 628-4 of this bylaw.
A State of water Supply Emergency declared by the Department
of Environmental Protection under MGL c. 21G, §§ 15
to 17.
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 of Webster, through its board of water Commissioners 2, 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 § 628-7 of the bylaws before it my 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 § 628-7.
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.
Notification of any provision, restriction, requirement or condition imposed by the Town of Webster as part of a State of Water supply Conservation shall be published in newspaper of general circulation with in 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 § 628-5 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 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 § 628-7.
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, 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 of Webster in the amount of fifty dollars ($50) for the
first violation and one hundred dollars ($100) for each subsequent
violation which shall inure to the Town of Webster. Fines shall be
recovered by indictment or on compliant before the District Court,
or by noncriminal disposition in accordance with MGL c. 40, § 21D.
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.
