(a)
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.
(b)
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.
(c)
STATE OF WATER SUPPLY CONCERN
STATE OF WATER SUPPLY EMERGENCY
WATER TAKERS
Definitions. For the purpose of this section, the following terms
shall have the meanings indicated:
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.
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.
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.
(d)
Restraint of use of water.
1.
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.
2.
Public notice shall be given as described under Subsection (e) of
this section, along with simultaneous notice to the Massachusetts
Department of Environmental Protection.
(e)
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.
(f)
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.
(g)
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.