[HISTORY: Adopted by the Town Meeting of the Town of Southampton
as indicated in article histories. Amendments noted where applicable.]
[HISTORY: Adopted by the Town Meeting of the Town of Southampton
as Art. XXXVIII of the General Bylaws. Amendments noted where applicable.]
This bylaw is adopted by the Town of Southampton 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 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 of Southampton 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 § 259-4 of this bylaw.
Shall mean a state of water supply emergency declared by
the Department of Environmental Protection under MGL c. 21G, §§ 15
through 17.
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 5-9-2023 ATM
by Art. 31]
The Town of Southampton, acting 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 § 259-6 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 § 259-6.
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 water 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 lawn sprinkler system
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 § 259-5 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 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 § 259-6.
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, or
condition of any order approved or issued by the Department intended
to bring about an end to the state of emergency.
[Amended 5-9-2023 ATM
by Art. 31]
Any person violating this bylaw shall be liable to the Town in amounts as provided in Chapter 203, Noncriminal Disposition. This penalty shall be paid to the Southampton Water Department Enterprise Fund for such uses as the Board of Water Commissioners may direct. A warning shall be given for the first violation. Each day of violation shall constitute a separate offense. On the fourth violation the Water Department may throttle the offending water service to reduce flow of water to the water consumer until accommodation is reached.
The invalidity of any portion or provision of this bylaw shall
not invalidate any other portion or provision thereof.
