[HISTORY: Adopted by Annual Town Meeting of the Town of Yarmouth 4-11-1991 by Art. 28, approved 5-23-1991. Amendments noted where applicable.]
Water and groundwater resource protection — See Ch. 207.
Water rules and regulations — See Ch 225.
This chapter is adopted by the Town under its home rule powers, its police powers to protect public health and welfare and its specific authorization under MGL c. 40, §§ 21 and 21D.
The purpose of this chapter is to protect, preserve and maintain the public health, safety and welfare whenever there is in force a 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 of Environmental Protection and included in the Town's plan approved by the Department of Environmental Protection to abate the emergency.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- ENFORCEMENT AUTHORITY
- The Town's Department of Public Works Commissioners, the Health Department, the Town police, special police and any other locally designated body having police powers.
- STATE OF WATER SUPPLY EMERGENCY
- A state of water supply emergency declared by the Department of Environmental Protection pursuant to MGL c. 21G, § 15, and c. 111, § 160, or by the Governor.
The following shall apply to all users of water supplied by the Town:
Following notification by the Town of the existence of a state of water supply emergency, no person shall violate any provision, conditions, requirement or restriction included in a plan approved by the Department of Environmental Protection which has as its purpose the abatement of a water supply emergency.
Notification of any provision, restriction, requirement or condition with which users of water supplied by the Town are required to comply to abate a situation of water emergency shall be sufficient for purposes of this chapter if it is published in a newspaper of general circulation within the Town or by such other notice as is reasonably calculated to reach and inform all users of the Town supply.
Any person or entity who violates this chapter 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 Department of Public Works Commissioners 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 separate instance of noncompliance following the issuance of any warning or citation pursuant to this section shall constitute a separate violation.
Agents of the enforcement authority may enter any property for the purpose of inspecting or investigating any violation of this chapter or enforcing against the same.
The invalidity of any portion or provisions of this chapter shall not invalidate any other portion, provision or section thereof.