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
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 article, the following terms shall have the
meanings indicated:
DIRECTOR
The Director of the Division of Public Works for the Town
of North Andover.
PERSON
Any individual, corporation, trust, partnership or association,
or other entity.
PUBLIC WATER SUPPLY
The North Andover municipal water supply system withdrawing
water from Lake Cochichewick.
WATER USERS OR WATER CONSUMERS
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/location.
The Town, through the Board of Selectman, may declare a State of Water Supply Conservation within the Town's public water system upon a determination by the Director 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 §
185-6 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 public water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under §
185-6.
A. Outdoor water use hours. Outdoor water use by water users is permitted
only during daily periods of low demand, at night or early morning.
B. Odd/Even day outdoor water use. Outdoor water use by water users
with odd-numbered addresses is restricted to odd-numbered days. Outdoor
water use by water users with even-numbered addresses is restricted
to even-numbered days.
C. Outdoor water use ban. Outdoor water use by water users is prohibited.
Upon notification to the public that the Department of Environmental
Protection has issued a State of Water Supply Emergency, 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 Water Supply Emergency.
Any person violating this bylaw shall be subject to a warning
for the first offense and thereafter 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 Board
of Selectmen 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. For purposes of noncriminal
disposition, the enforcing person(s) shall be any police officer of
the Town of North Andover. 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.
All automatic lawn irrigation systems connected to the municipal
water system of the Town of North Andover shall be registered with
the Division of Public Works (DPW). A fee may be charged for this
registration. The Board of Selectmen shall set registration fees.
Any person violating this bylaw shall be subject to a warning
for the first offense and thereafter 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 Board
of Selectmen 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. For purposes of noncriminal
disposition, the enforcing person(s) shall be any police officer of
the Town. 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.