[Adopted May 1998 STM as Title 2, Ch. 12, § 8,
of the General Bylaws]
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.
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 by providing for enforcement of
any duly imposed restrictions, requirements, provisions or conditions
imposed by the Town.
Any individual, corporation, trust, partnership or association,
or other entity.
A state of water supply conservation declared by the Town pursuant to § 274-17 of this bylaw.
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 5-8-2021 ATM by Art.
17; 11-7-2023 STM by Art. 16]
The Town, through its Select Board, 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 required to ensure an adequate supply of water to all water consumers. Public notice of a state of water supply conservation shall be given under § 274-19 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 the municipal water system as necessary to protect the water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 274-19.
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 sprinkler use. The use of automatic 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 other means reasonably calculated to reach and inform all users of water of the state of water supply conservation. Any restriction imposed under § 274-18 shall not be effective until such notification is provided. Notification of the state of water supply conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection.
[Amended 11-7-2023 STM by Art. 16]
A state of water supply conservation may be terminated by a majority vote of the Select Board 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 § 274-19.
[Amended May 1999 ATM]
Any person violating the provisions of this bylaw will receive
a written notice 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 penalties shall inure to the Town treasury.
Each day of violation shall constitute a separate offense. Any person
violating this bylaw for a third offense shall be subject to termination
of municipal water service, and Department of Public Works personnel
will shut off the municipal water service to the property. Service
will be restored only by Department of Public Works personnel during
normal working hours following payment to the Town Treasurer/Collector
of any and all applicable fines. Fines shall be recovered by indictment,
or on complaint before the District Court, or by noncriminal disposition
enforced by the Water and Sewer Superintendent or by the Director
of Public Works in accordance with MGL c. 40, § 21D.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
