[HISTORY: Adopted by the Town of Andover 4-29-2002 Annual Town Meeting, Art. 40. Amendments noted where applicable.]
This by-law is adopted by the Town under its police powers to protect public health and welfare and its powers under Massachusetts General Laws Chapter 40, Section 21 et seq. and implements the Town's authority to regulate water use pursuant to Massachusetts General Laws Chapter 41, Section 69B. This by-law also implements the Town's authority under Massachusetts General Laws Chapter 40, Section 41A, conditioned upon a declaration of water supply emergency issued by the Massachusetts Department of Environmental Protection.
The purpose of this by-law is to protect, preserve and maintain 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 Town or by the Massachusetts Department of Environmental Protection.
As used in this by-law, the following terms shall have the meanings indicated:
- The Director of Public Works for the Town of Andover.
- Any individual, corporation, trust, partnership or association, or other entity.
- PUBLIC WATER SUPPLY SYSTEM
- The Andover municipal water supply system withdrawing water from Haggetts Pond.
- STATE OF WATER SUPPLY CONSERVATION
- A state of water supply conservation declared by the Town pursuant to § 4 of this by-law.
- STATE OF WATER SUPPLY EMERGENCY
- A state of water supply emergency declared by the Massachusetts Department of Environmental Protection under Massachusetts General Laws Chapter 21G, Sections 15 through 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 facility/location.
The Town, through the Select Board, may declare a state of water supply conservation within the Town's public water supply system upon a determination by the Director 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 § 6 of this by-law before it may be enforced.
A declaration of a state of water supply conservation may include one or more of the following restrictions, conditions or requirements limiting the use of water either Town-wide or as limited by the Select Board as necessary to protect the public water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 6.
Outdoor water use hours: Outdoor water use by water users is permitted only during daily periods of low demand, at night or early morning.
Odd/even day outdoor water use: Outdoor water use by water users with odd-numbered addresses is restricted to odd numbered days. Outdoor water use by water users with even-numbered addresses is restricted to even-numbered days.
Outdoor water use ban: Outdoor water use by water users 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 published in a newspaper of general circulation within the Town, or by such other means reasonably calculated to reach and inform all users of Town water of the state of water supply conservation. Any restriction imposed under § 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 vote of the Select Board 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 § 6.
Upon notification to the public that the Massachusetts Department of Environmental Protection has issued a state of water supply emergency, no person shall violate any provision, restriction, requirements or condition or any order approved or issued by the Department intended to bring about an end to the state of water supply emergency.
Any person violating this by-law shall be subject to a warning for the first offense and thereafter shall be liable to the Town in the amount of $50 for the second violation and $100 for each subsequent violation, which shall inure to the Town for such uses as the Select Board 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 provisions of the Massachusetts General Laws. For purposes of noncriminal disposition, the enforcing person(s) shall be any police officer of the Town of Andover. Each day of violation shall constitute a separate offense.
The invalidity of any portion or provision of this by-law shall not invalidate any other portion or provision thereof.