This article is adopted by the Town under its police powers to protect the public health and welfare and implements the Town's authority to regulate water use and also implements the Town's authority under MGL c. 40, § 41A, conditioned upon a declaration of water supply emergency issued by the Massachusetts Department of Environmental Protection (hereinafter the "Department").
[Adopted 5-1-1995 ATM by Art. 22; amended 5-6-1998 ATM by Art. 27; 5-3-2000 ATM by Art. 55; 5-6-2002 ATM by Art. 16; 5-7-2007 ATM by Art. 22]
The purpose of this article 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 any duly imposed restrictions, requirements, provisions or conditions imposed by the Town or by the Department.
As used in this article, 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 § 199-5 of this article.
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 Director of the Department of Public Works, may declare a state of water supply conservation upon a determination by the Director that a shortage of water exists and conservation measures are appropriate or if restrictions are required to be implemented by the Department of Environmental Protection or other state agencies to ensure an adequate supply of water to all water consumers. Public notice of a state of water conservation shall be given under § 199-7 of this article 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 or required to meet state regulations. The applicable restrictions, conditions or requirements shall be included in the public notice required under § 199-7.
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.
The use of outdoor automatic sprinkler systems is prohibited.
F.
Watering by precinct. One or two days per week dependent upon current Department of Environmental Protection Regulations. The designation of the precinct and the days of the week during which water is permitted in each precinct shall be as specified in the declaration of a state of water supply conservation and public notice thereof.
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 § 199-6 shall not be effective until such notification is provided. Notification of the state of water supply conservation shall also be simultaneously provided to the Department.
A state of water supply conservation may be terminated by the Director of the Department of Public Works, upon a determination that the water supply shortage no longer exists or Department of Environmental Protection Regulations allow. Public notification of the termination of a state of water supply conservation shall be given in the same manner as required in § 199-7.
Upon notification to the public that a declaration of a state of water supply emergency has been issued by the Department, no person shall violate any provision, restriction, requirement or condition of any order approved or issued by the Department intended to bring about an end to the state of emergency.
Any person violating this article shall be given a written warning for the first offense. For subsequent violations, the person shall be liable to the Town in the amount of $100 which shall inure to the Town for such uses as the Director of the Department of Public Works may direct. Fines shall be recovered by noncriminal disposition in accordance with MGL c. 40, § 21D. Each day of violation shall constitute a separate offense. In addition to the above fines, for violations beyond the second offense, the Town shall have the right to suspend water service. Fines may be recovered by the inclusion of the amount of the fine as a charge on the next scheduled water bill.
The invalidity of any portion or provision of this article shall not invalidate any other portion or provision thereof.