[Adopted 10-21-1974 ATM by Art. 38, approved 12-13-1974; amended 10-17-1977 ATM by Art. 22, approved 2-28-1978; 10-9-1997 ATM; by Art. 9, approved 1-29-1998]
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.
This bylaw is adopted by the Town under its police power to protect public health and welfare and its power under MGL c. 40, § 21 et seq. and implements the Town 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.
PERSON — Shall mean any individual, corporation, trust, partnership or association, or other entity.
STATE OF WATER SUPPLY EMERGENCY
Shall mean a state of water supply emergency declared by the Department of Environmental Protection under MGL c. 21G, §§ 15 to 17.
STATE OF WATER SUPPLY CONSERVATION
Shall mean a state of water supply conservation declared by the Town pursuant to § 191-5 of this bylaw.
WATER USERS or WATER CONSUMERS
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 6-4-2018 ATM by Art. 28, approved 9-21-2018]
The Town, through its Select Board, may declare a State of Water Supply Conservation upon 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 consumers. Public notice of a state of water supply conservation shall be given under § 191-7 of this bylaw before it may be enforced.
[Amended 10-12-2000 ATM by Art. 29; 10-4-2010 OTM by Art. 22, approved 2-7-2011; 6-4-2018 ATM by Art. 28, approved 9-21-2018]
The Select Board may adopt and periodically amend, rules and regulations relating to the procedures and administration of Chapter 191, Article II after public notice and a public hearing.
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. All restrictions imposed under § 191-6 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.
[Amended 6-4-2018 ATM by Art. 28, approved 9-21-2018]
A state of water supply conservation may be terminated by a majority vote of the Select Board, 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 required in § 191-7.
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 approved or issued by the Department intended to bring about an end to the state of water supply emergency.
A. 
Any person violating this bylaw shall be liable to the Town in the amount of $50.00 for the first violation and $100.00 for each subsequent violation which shall inure to the Town.
B. 
The enforcing persons of the by laws and rules and regulations under Chapter 191, Water shall be any police officer of the Town and the Director of the Department of Public Works or his designee(s) under the provisions of Chapter 1, General Provisions, Section 1-5B, Non criminal disposition, of the General Bylaws of the Town of North Reading.
[Amended 10-6-2014 OTM by Art. 17, approved 1-20-2015]
C. 
Fines shall be recovered by increment, or upon complaint before the District Court, or by non-criminal disposition in accordance with Section 21D of Chapter 40 of the General Laws. Each day of violation shall constitute a separate offense.
D. 
The Town reserves the right to shut off any water supply or service for disregard of water use restrictions in cases of a state of water supply conservation or state of water supply emergency.
[Added 10-4-2010 OTM by Art. 22, approved 2-7-2011]
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.