[HISTORY: Adopted by the Town of West Stockbridge 6-22-2020
ATM by Art. 13. Amendments noted where applicable.]
This bylaw is adopted by the Town under its police powers to
protect public health and welfare and its power under MGL c. 40, § 21
et seq.; and implements the Town's authority to regulate municipal
water use pursuant to MGL c. 41, § 69B.
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.
As used in this bylaw, the following terms shall have the meanings
indicated:
Any individual, corporation, trust, partnership, association,
or other entity.
A State of Water Supply Conservation declared by the Town pursuant to § 250-4 of this bylaw.
All public and private users of the Town's public water system,
irrespective of any person's responsibility of billing purposes for
water used at any particular facility.
The Town, through its Board of Sewer and 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 § 250-6 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 § 250-6.
A.
Odd/Even day outdoor watering. Outdoor watering by water users with
odd-numbered addresses is restricted to odd-numbered days. Outdoor
watering by water users with even-numbered addresses is restricted
to even-numbered days.
B.
Outdoor watering ban. Outdoor watering is prohibited.
C.
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.
Filling swimming pools. Filling of swimming pools is prohibited.
E.
Automatic lawn sprinkler use. The use of automatic lawn 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 means reasonably calculated to reach and inform all users of the water of the State of Water Supply Conservation. Any restriction imposed under § 250-5 shall not be effective until such notification is provided. Notification of the State of Water Supply Conservation shall 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 and Sewer 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 § 250-6.
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 the Town. 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.
