[Added 11-16-2010]
This Part 5 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 Part 5 also implements the City's authority under MGL c. 40, § 41A, conditioned upon a declaration of water supply emergency issued by the Massachusetts Department of Environmental Protection.
The purpose of this Part 5 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 Massachusetts
Department of Environmental Protection.
As used in this article, the following words and terms shall
have the meanings respectively ascribed:
Any individual, corporation trust, partnership or association,
or other entity.
A state of water supply emergency declared by the Massachusetts
Department of Environmental Protection under MGL c. 21G, § 15
to 17.
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.
The City, through the Lowell Regional Water Utility, may declare a state of water supply conservation upon a determination by the Lowell Regional Water Utility 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 § 272-104 (Public notification of a state of water supply conservation; notification of MassDEP) of this Part 5 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 Section 272-104 (Public notification of state of water supply conservation; notification of MassDEP).
A.
Odd-/even-day outdoor watering. 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.
(1)
Outdoor watering ban. Outdoor watering is prohibited.
(2)
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.
(3)
Filling swimming pools. The filling of swimming pools is prohibited.
(4)
Automatic sprinkler use. The use of automatic sprinkler systems
is prohibited.
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 § 272-103 (Restricted water uses) 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 Lowell Regional Water Utility 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 § 272-104 (Public notification of state of water supply conservation; notification of MassDEP).
Upon notification to the public that a declaration of a state
of water supply emergency has been issued by the Massachusetts Department
of Environmental Protection, 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.
Any person violating this Part 5 shall be liable to the City in the amount of $50 for the first violation and $100 for each subsequent violation which shall inure to the City for such uses as the Lowell Regional Water Utility may direct. 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 General Laws. Each day of violation shall constitute a separate offense.
The invalidity of any portion or provision of this Part 5 shall
not invalidate any other portion or provision thereof.
