[HISTORY: Adopted by the Annual Town Meeting of the Town of Harvard 3-27-2006 by Art. 41. Amendments noted where applicable.]
This bylaw is adopted by the Town under its police powers to protect public health and welfare and its powers under Massachusetts General Laws (hereinafter "MGL") Chapter 40, Section 21 et seq. and implements the Town's authority to regulate water use pursuant to MGL Chapter 41, Section 69B.
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 by providing for enforcement of any duly imposed restrictions, requirements, provisions, or conditions imposed by the Town.
The Town, through its Board of Water Commissioners, may declare a State of Water Supply Conservation upon a determination by a majority vote of the Board of Water Commissioners or, in its absence, 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 § 117-6 of this bylaw 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 § 117-6.
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.
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 Town as part of a State of Water Supply Conservation shall be by posting in a sign board in the center of town, 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 § 117-5 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 a majority vote of the Board of Water Commissioners or, in its absence, the Director 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 § 117-6.
Any person violating this bylaw shall receive a written warning for the first violation and will be liable to the Town in the amount of $100 for each subsequent violation, which shall inure to the Town. Fines shall be recovered by indictment, or on complaint before the District Court, or by noncriminal disposition in accordance with Section 21D of Chapter 40 of the MGL. The enforcing person shall be the Director of Public Works. Each day of violation shall constitute a separate offense.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.