This chapter is adopted by the Town pursuant to MGL c. 40, § 21
and its police powers to protect public health and welfare. This chapter
implements the Town's authority to regulate water use pursuant
to MGL c. 41, § 69B, and MGL c. 40, § 41A, conditioned
upon a declaration of water supply emergency issued by the Department
of Environmental Protection (hereafter, the Department).
The purpose of this chapter 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 restrictions, requirements, provisions
or conditions imposed by the Town or by the Department.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, corporation, trust, partnership, association,
or other entity, public or private.
A state of water supply conservation declared by the Town under § 187-4.
A state of water supply emergency declared by the Department
under MGL c. 21G, §§ 15-17.
Any person who uses water, or has control of, or the right
to control, the use of water supplied by the Town's system.
The Board of Public Works (hereinafter, the Board) may declare
a state of water supply conservation upon a determination by a majority
vote of the Board that a shortage of water exists or is impending,
and that conservation measures are appropriate to ensure an adequate
supply of water to all water consumers.
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:
A.
Odd/even day outdoor watering: Outdoor watering on property with
odd-numbered street addresses is restricted to odd-numbered days.
Outdoor watering on property with even-numbered street addresses is
restricted to even numbered days.
B.
Outdoor watering ban: Outdoor watering is prohibited or restricted.
C.
Outdoor watering hours: Outdoor watering is permitted only during
daily periods of low demand, as designated by the Board.
D.
Filling swimming pools: Filling of swimming pools is prohibited or
restricted.
E.
Automatic sprinkler use: The use of automatic sprinkler systems is
prohibited or restricted.
Public notice of any determination, provision, restriction, requirement or condition imposed by the Board 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 the public of the state of water supply conservation. Any restriction imposed under § 187-5 shall not take effect until 24 hours following publication of notice. Notice of the state of water supply conservation shall also be given to the Department.
A state of water supply conservation or the restrictions imposed may be revisited or terminated by a majority vote of the Board upon determination that such a revision is appropriate to achieve the purposes of this chapter or that the water shortage or the threat of such a shortage no longer exists. Public notice of the revision or termination shall be given in the same manner provided in § 187-6.
Upon notice 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, or condition of any
order approved or issued by the Department.
Any person who violates § 187-5 or 187-8 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 § 1-6 of these bylaws. Each day of violation shall constitute a separate offense.
