[HISTORY: Adopted by the Town Meeting of the Town of Lee
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-30-1999 STM by Art. 9[1]]
[1]
Editor's Note: This bylaw also repealed former Ch. 195,
including Art. I, Water Supply Emergencies, adopted 5-17-1990 ATM
by Art. 39.
This bylaw is adopted by the Town under its police powers to
protect public health and welfare and its powers under MGL c. 40,
ยงย 21 et seq. and implements the Town's authority to
regulate water use pursuant to MGL c. 41, ยงย 69B. This bylaw
also implements the Town's authority under MGL c. 40, ยงย 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, trust, partnership or association,
or other entity.
A state of water supply conservation declared by the Town pursuant to ยงย 195-4 of this bylaw.
A state of water supply emergency declared by the Department
of Environmental Protection under MGL c. 21G, ยงยงย 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 Selectmen, may declare a state of water supply conservation upon a recommendation of the Board of Public Works and a determination by a majority vote of the Board of Selectmen 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 ยงย 195-6 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 ยงย 195-6.
A.ย
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.ย
Outdoor watering ban. Outdoor watering is prohibited.
C.ย
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.ย
Filing swimming pools. Filling of swimming pools is prohibited.
E.ย
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 ยงย 195-5 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 the Board of Selectmen upon a recommendation by the Board of Public Works and a determination by a majority vote of the Board of Selectmen 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 ยงย 195-6.
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 $50 for the first violation and $100 for each subsequent
violation, which shall inure to the Town and be deposited in the general
fund. Fines shall be recovered by indictment, or on complaint before
the District Court, or by noncriminal disposition in accordance with
MGL c. 40, ยงย 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.