Authority. This section is adopted by the Town of Weymouth under its Home Rule powers, its police powers to protect public health and welfare and its specific authorization under MGL c. 40, §§ 5, 21, 21D and 41A.
Purpose. The purpose of this section is to protect, preserve and maintain the public health, safety and welfare whenever there is in force a state of concern for the water supply by providing for enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by the Director of Public Works of the Town of Weymouth.
Definitions. For the purpose of this section, the following terms shall have the meanings indicated:
- STATE OF WATER SUPPLY CONCERN
- Exists when the level of water in Great Pond drops to an elevation determined by the Department of Public Works' rules and regulations, or the Director of Public Works determines the need to protect the water supply and imposes voluntary water restrictions.
- STATE OF WATER SUPPLY EMERGENCY
- Exists when the level of water in Great Pond drops to an elevation determined by the Department of Public Works' rules and regulations, or the Director of Public Works otherwise elects to impose mandatory water restrictions to protect the water supply.
- WATER TAKERS
- Includes all private persons, firms or other entities using the public water supply of the Town of Weymouth, whether or not the use of such water, as measured by a meter, shall be billed in his, her or its name.
Restraint of use of water.
On the occurrence of a state of water supply concern or of a state of water supply emergency, the Department of Public Works may issue such restrictions, conditions, requirements, provisions or regulations restraining the use of water by the water takers as it may determine are necessary to protect the water supply.
Public notice shall be given as described under Subsection (e) of this section, along with simultaneous notice to the Massachusetts Department of Environmental Protection.
Notification of restraint of water use. Notification of any provision, restriction, requirement or condition with which water takers (users) of water supplied by the Department of Public Works are required to comply to abate a water shortage shall be sufficient for the purposes of this section if it is published once in a newspaper of general circulation within the Town of Weymouth or by such other notice as is reasonably calculated to reach and inform all water takers of the Town's water supply.
Violation. Following notification by the Department of Public Works of a state of water supply emergency, no person shall violate any mandatory water supply provision, condition, requirement or restriction imposed by the Department of Public Works or in a plan approved by the Department of Environmental Protection.
Penalties for violations. Any water taker who violates the mandatory water restrictions imposed by this section shall be punished by a fine of $50. Each separate instance of noncompliance following the issuance of any warning or citation pursuant to this section shall constitute a separate violation. Such penalty shall be enforced in accordance with § 1-109 of these ordinances.