[HISTORY: Adopted by the Town Meeting of the Town of Norwell
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Regulations adopted by Board of Water Commissioners — See Ch. 305.
[Adopted 5-15-2000 ATM,
Art. 21]
This bylaw is adopted by the Town under its police powers to
protect public health and welfare and its powers under MGL c. 40,
§ 21 et seq., 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.
Shall mean any individual, corporation, trust, partnership
or association, or other entity.
Shall mean a state of water supply conservation declared by the Town pursuant to § 42-4 of this bylaw.
Shall mean a state of water supply emergency declared by
the Department of Environmental Protection under MGL c. 21G, §§ 15
to 17.
[Amended 5-6-2019 ATM,
Art. 28]
Shall mean 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.
[Amended 5-6-2019 ATM,
Art. 28]
The Town, through its Board of Water 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 § 42-6 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 § 42-6.
A.
Odd/even day outdoor watering. Outdoor watering by water users with
odd-numbered addresses is restricted to odd-numbered days. Outdoor
watering by users with even-numbered addresses is restricted to even-numbered
days.
B.
Outdoor watering ban. Outdoor watering is prohibited.
C.
Outdoors 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.
A.
Notification of any provisions, 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 § 42-5 shall not be effective until such notification is provided.
B.
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 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 § 42-6.
[Amended 5-6-2019 ATM,
Art. 28]
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,
or 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 issued a warning for
the first violation and 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 Town may direct.
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.
