This by-law is adopted by the Town under its police power 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 by-law 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 Rockport 3-22-1997; amended 3-21-1998; 3-29-1999 ATM; 9-11-2023 STM (Ch. 10C of the 1997 Code of By-laws); 9-8-2025 STM by Art. P. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Any individual, corporation, trust, partnership, or association, or other entity.
Need to conserve water due to an existing or impending water supply shortage that endangers the public health, safety, or welfare as declared by the Department of Public Works ("DPW") Commissioners pursuant to § 3 of this By-law.
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.
The Town, through its DPW Commissioners, may declare a state of water supply conservation upon a determination by a majority vote of the DPW Commissioners 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 conservation shall be given under § 5 of this by-law 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 § 332-6.
A.
Odd/even 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-umbered days.
B.
Outdoor watering ban. Outdoor watering, including but not limited to the watering of lawns and gardens, and washing of motor vehicles, 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.
The use of sprinklers, soaker hoses and in-ground 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 by such means reasonably calculated to reach and inform all users of water of the state of water supply conservation that shall include, at a minimum, posting on the Town's website, on at least one bulletin board in Town Hall and in any manner required by the DEP. Any restriction imposed under § 4 of this By-law shall not be effective until such notification is provided. Notification of the state of water supply conservation shall also be simultaneously provided to the DEP.
A state of water supply conservation may be terminated by a majority vote of the DPW Commissioners upon a determination that the water supply shortage no longer exists. Public notification of the termination of a state of water supply shall be given in the same manner required by § 5 of this By-law.
Upon notification to the public that a declaration of a state of water supply emergency has been issued by the DEP, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the DEP intended to bring about an end to the state of emergency.
A.
Any person violating this by-law shall be liable to the Town in the amount of $50 for the first violation and $100 for each subsequent violation, which shall be paid to the Town.