[HISTORY: Adopted by the Town Meeting as indicated in article histories. Amendments noted where applicable.]
[Adopted ATM 5-6-2000 by Art. 29]
This article is intended to protect, preserve and maintain the public health, safety and welfare whenever there is in force a state of water supply conservation or a 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 (DEP). The Town's authority is pursuant to MGL c. 40, § 21 et seq. and MGL c. 41, § 69B. The DEP's authority is pursuant to MGL c. 40, § 41A.
As used in this article, unless the context shall otherwise require, the following terms shall have the meanings indicated:
- Any individual, corporation, trust, partnership or association, or other entity.
- STATE OF WATER SUPPLY CONSERVATION
- That which is declared by the Town, pursuant to its authority granted herein.
- STATE OF WATER SUPPLY EMERGENCY
- That which is declared by the DEP under MGL c. 21G, §§ 15-17.
- WATER USERS OR WATER CONSUMERS
- 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 location.
The Town, through its Public Works Commission (Commission), may declare a state of water supply conservation upon a determination 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 such a state of water supply conservation shall be given as set forth in § 198-5 below 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 the Commission determines is necessary to protect the water supply. The applicable restrictions, conditions, or requirements shall be included in the public notice required in § 198-5 below.
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.
Outdoor watering is prohibited.
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.
Filling of swimming pools is prohibited.
The use of automatic sprinkler systems is prohibited.
The Commission shall notify the public of any provision, restriction, requirement or condition imposed by the Town pursuant to a state of water supply conservation by publication 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 said state of water supply conservation. Any restriction imposed above in § 198-4 shall not be effective until such notification is provided. The Commission shall simultaneously notify the DEP of said state of water supply conservation.
A state of water supply conservation may be terminated by the 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 in § 198-5 above.
Upon notification to the public that a declaration of a state of water supply emergency has been issued by the DEP, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the DEP that it has imposed to bring about an end to the state of water emergency.
Any person violating this article shall be subject to the Town in the amount of $50 for the first violation and $100 for each subsequent violation. Amounts recovered from this section shall inure to the Town. Fines shall be recovered by indictment, or on complaint before the District or Superior Court. Each day of violation shall constitute a separate offense. The Commission or its agent or the Westminster Chief of Police or his designee shall investigate violations of the article and may take such actions as it deems necessary.
The invalidity of any portion or provision of this article shall not invalidate any other portion or provision thereof.