City of Amesbury, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Town of Amesbury as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-28-1999 by Bill No. 99-118 (Art. 33 of the 1990 Bylaws)]
A. 
Authority. This section is adopted by the City under its police powers to protect public health and welfare and 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 section 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.
B. 
Purpose. The purpose of this section 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 or by the Department of Environmental Protection.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PERSON
An individual, corporation, trust, partnership or association, or other entity.
STATE OF WATER SUPPLY CONSERVATION
A state of water supply conservation declared by the City pursuant to Subsection D of this section.[1]
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.[2]
WATER USERS or WATER CONSUMERS
All public and private users of the City's public water system, irrespective of any person's responsibility for billing purposes for water used at any particular facility.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Declaration of a state of water supply conservation. The City, through its Mayor, may declare a state of water supply conservation upon the determination and recommendation of the Director of Public Works 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 supply conservation shall be given under Subsection F of this section before it may be enforced.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Restricted water uses. 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 Subsection F.
(1) 
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.
(2) 
Outdoor watering ban. Outdoor watering is prohibited.
(3) 
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.
(4) 
Filling swimming pools. Filling of swimming pools is prohibited.
(5) 
Automatic sprinkler use. The use of automatic sprinkler systems is prohibited.
(6) 
Vegetable gardening. Watering of vegetable gardens shall be permitted only between the hours of 6:00 a.m. and 9:00 a.m. and 6:00 p.m. and 9:00 p.m.
F. 
Public notification of state of water supply conservation; notification of DEP. Notification of any provision, restriction, requirement or condition imposed by the City as part of a state of water supply conservation shall be published in a newspaper of general circulation within the City 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 Subsection E 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.
G. 
Termination of a state of water supply conservation; notice. A state of water supply conservation may be terminated by the Mayor 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 Subsection F.
H. 
State of water supply emergency; compliance with DEP orders. Upon notification of 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 emergency.
A. 
The Mayor and Municipal Council must give approval prior to the sale of water from the Amesbury municipal water supply to any municipality or any public or private water company.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Approval by the Municipal Council shall be by administrative permit. In the event of an emergency, the Municipal Council President may grant the permit pursuant to Rule 2B, Presiding Officer's Duties in General, of the Municipal Council's Rules and Procedures.
Any person violating this article shall be liable to the City in the amount as provided in § 1-2 of this Code, which shall inure to the City. Fines shall be recovered by or on complaint before the District Court or by noncriminal disposition in accordance with MGL c. 40, § 21D and Chapter 1, Article I, of this Code. Each day of violation shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted 8-8-2000 by Bill No. 2000-145]
The Town of Amesbury hereby accepts the provisions of MGL c. 40, § 39J and for the purposes of water conservation, water resource management, water resource planning and comprehensive financial management adopts a pricing system which includes the costs of the provision of water and sewer services to the residents and industrial and commercial users of Amesbury receiving said services.
The definition of "costs" as used in this article shall include, but not be limited to, costs of pipe and related appurtenances, replacement stock for water and sewer, costs relating to the replacement and repair thereof, including street work, maintenance of all equipment and related appurtenances necessary for the provision of water or the removal of wastewater services, all costs relating to the metering of water, all related costs of police and fire protection, all administrative costs relating to the collection of said water and sewer fees, all costs of chemicals relating to the treatment of water and wastewater, all costs relating to the personnel of the departments, as well as any long-term planning costs for the continued provision of said services, and any costs of land acquisition relating to long-range planning and future water supply development or wastewater treatment facilities.
Any such adjustments or changes to the rate structure shall be made only after a public hearing, which shall be held by the Mayor, Chief Financial Officer or Director of Public Works. Notice of such public hearing shall be published in at least one newspaper of general circulation in the City not less than 15 days before such hearing and otherwise as required by Open Meeting Law[2] and the Charter and laws of Amesbury. Such notice shall include a statement of the current rate structures and the proposed changes to the rate structures. Such notice may also include announcements which are inserted into billing statements, but such announcements shall be in addition to, and not as a substitute for, notice by publication and posting as provided above.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: See MGL c. 39, § 23B, Open meetings of governmental bodies.