This bylaw is adopted by the Town of Charlton under its police
powers to protect public health and welfare and its powers under MGL
c. 40, § 21 et seq., as well as under any other, applicable
legal authority, including any general or special law, and implements
the Town's authority to regulate water use pursuant to MGL c.
41, § 69B. This bylaw also implements the Town'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 bylaw 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 Town or by the Department
of Environmental Protection.
As used in this bylaw, the following terms shall have the meanings
indicated:
Any individual, corporation, limited-liability company, trust,
partnership or association, or other entity.
A State of Water Supply Conservation declared by the Town pursuant to § 190-7 of this bylaw.
A State of Water Supply Emergency declared by the Department
of Environmental Protection under MGL c. 21G, §§ 15
through 17.
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.
The Town, through its Board of Water and Sewer Commissioners, may declare a State of Water Supply Conservation upon a determination by a majority vote of the Board 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 § 190-9 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 § 190-9.
A.
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.
B.
Outdoor watering ban. Outdoor watering is prohibited.
C.
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.
D.
Filling swimming pools. Filling of swimming pools is prohibited.
E.
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 water of the State of Water Supply Conservation. Any restriction imposed under § 190-8 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 and Sewer Commissioners, 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 § 190-9.
Upon notification to 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,
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 bylaw shall be liable to the Town
in the amount of fifty dollars ($50) for the first violation and one
hundred dollars ($100) for each subsequent violation. 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 invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
