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., implementing 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.
[HISTORY: Adopted by the Town Meeting of the Town of Norfolk as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-16-1995 (Art. VII, § 3, of the General Bylaws)]
[Amended 5-10-2022 ATM by Art. 18]
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 duly imposed restrictions, requirements, provisions or conditions imposed by the Town or by the Department of Environmental Protection.
[Amended 5-10-2022 ATM by Art. 18; 5-15-2024 ATM by Art. 29]
As used in this article, the following terms shall have the meanings indicated:
Any individual, corporation, trust, partnership or association, or other entity.
A state of water supply conservation declared by the Select Board or Department of Public Works Director pursuant to § 292-4 of this bylaw.
A state of water supply conservation declared by the Select Board or Department of Public Works Director pursuant to Ch. 292.
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 5-10-2022 ATM by Art. 18; 5-15-2024 ATM by Art. 29]
A.
The Select Board may declare a state of water supply conservation upon an affirmative vote of the majority of the members.
B.
The Department of Public Works Director may declare a state of water supply conservation if:
(1)
The level of water in the Weeber or Pondville standpipes falls to 65 feet.
(2)
The demand for water has exceeded the actual pumping capacity of the system for a period longer than four days.
(3)
A mechanical failure has occurred removing one or more of the Town's wells from operation.
(4)
The Department of Environmental Protection requires conservation conditions related to the Town's registered or permitted water withdrawals under the Massachusetts Water Management Act.
[Amended 5-10-2022 ATM by Art. 18; 5-15-2024 ATM by Art. 29]
A declaration of a continuous state of water supply conservation issued by the Select Board or the Department of Public Works Director may include one or more of the following restrictions, conditions, or requirements restraining the use of water for nonessential purposes as necessary to protect the water supply, which shall be included in the public notice required under § 292-6:
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.
One weekday outdoor watering. Outdoor watering by water users is allowed on one day.
C.
Two weekdays outdoor watering. Outdoor watering by water users is allowed on two days.
D.
Outdoor watering ban. Lawn watering, and all other forms of nonessential outdoor water use by water users, is prohibited.
E.
Outdoor watering hours. Outdoor watering by water users is permitted only during peak hours, to be specified in the declaration of a state of water supply conservation and public notice thereof.
F.
Filling swimming pools. Filling of swimming pools by water users is prohibited.
G.
Automatic sprinkler use. The use of automatic sprinkler systems is not allowed at any time when the watering system is connected to the Town of Norfolk system or water supply.
H.
Hand-held hose watering. Outdoor watering by water users is allowed but only if a hose is continuously attended. Use of lawn sprinklers or 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 responsibly calculated to reach and inform users of the state of water supply conservation. Any restriction imposed under § 292-5 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.
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 § 292-6.
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, condition of any order approved or issued by the Department intended to bring about an end to the state of emergency.
[Amended 5-10-2022 ATM by Art. 18]
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 to the Town for such uses as the Select Board 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.
[Adopted 5-15-2024 ATM by Art. 28]
A.
No persons, except firefighters or Department of Public Works personnel in the discharge of their duty, shall open any hydrant in the Town of Norfolk without prior written approval of the Department of Public Works Director or designee, or the Fire Chief.
B.
No person, firm or corporation shall make any connection to the Town's municipal water system without receiving a permit to do so from the Department of Public Works, Water Division. All connections shall be inspected by the Department of Public Works, Water Division designated personnel.
C.
It shall be unlawful for any person, firm or corporation not authorized by the Town to tamper with, alter or injure any part of the Town's water system, including any meter.
D.
Violations of Subsection A or B or C, which may be enforced by the Fire Chief or Department of Public Works Director, or the designee of either, and which may be enforced pursuant to the provisions of MGL c. 40, § 21D, relative to noncriminal disposition, shall be: $300 per violation. Each day of violation shall constitute a separate offense.
E.
Nothing in this section shall be interpreted as prohibiting institution of larceny charges against any person stealing water from the Town by bypassing a meter, tampering with a meter or by any other means.