[Adopted 4-4-2002 (Ch. 22, § 22-9, of the 1977 Code)]
This article is adopted by the City of Northampton under its police powers to protect the public health and welfare and under its powers under MGL c. 40, § 21 et seq., and implements the City's authority to regulate water use pursuant to MGL c. 41, § 69B. This article also implements the City'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 article 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 City of Northampton, through its Department of Public Works or by the Department of Environmental Protection.
As used in this article, the following terms shall have the meanings indicated:
- Any individual, corporation, trust, partnership association, or other entity.
- STATE OF WATER SUPPLY EMERGENCY
- 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
- A state of water supply conservation declared by the City of Northampton pursuant to § 325-12 of this article.
- WATER USERS or WATER CONSUMERS
- All public and private users of the City of Northampton's public water system, irrespective of any person's responsibility for billing purposes for water used at any particular facility.
The City of Northampton, through the Department of Public Works, 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 a state of water conservation shall be given under § 325-14 of this article 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. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 325-14.
Odd/even-day outdoor watering. 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 ban. Outdoor watering is prohibited.
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.
Filling swimming pools. Filling of swimming pools is prohibited.
Automatic sprinkler use. The use of automatic sprinkler systems is prohibited.
Notification of any provision, restriction, requirement or condition imposed by the City of Northampton as part of a state of water supply conservation shall be published in a newspaper of general circulation within the City of Northampton, 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 § 325-13 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 the Department of Public Works, 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 § 325-14.
Upon notification to the public that the Department of Environmental Protection has issued a declaration of a state of water supply emergency, 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.
[Amended 2-1-2007; 12-4-2014]
Any person violating this article shall be liable to the City of Northampton in the amount as set forth in Chapter 40, Enforcement, for the first violation and for each subsequent violation which shall inure to the City of Northampton for such uses as the Department of Public Works may direct. Fines shall be recovered by indictment, or on complaint 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 Director of Public Works may designate any of its employees as enforcement officers. It may also designate any outside consultant as an enforcement officer if it deems such enforcement officer to be necessary for the enforcement of this article.