Water Use Restriction By-Law

CHAPTER XXVII
 
WATER USE RESTRICTION BY-LAW
 
Section 1       AUTHORITY
 
This Bylaw is adopted by the Town under its police powers to protect public health and welfare and its powers under M.G.L. c40, sec. 21 et seq.  and implements the Town's authority to regulate water use pursuant to M.G.L c. 41, sec. 69B. This bylaw also implements the Town's authority under M.G.L. c. 40, sec. 41A, conditioned upon a declaration of water supply emergency issued by the Department of Environmental Protection.
 
Section 2       PURPOSE
 
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 any duly imposed restrictions, requirements, provisions or conditions imposed by the Town or by the Department of Environmental  Protection.    
 
Section 3       DEFINITIONS
 
Board of Water Commissioners shall mean the Board of Water Commissioners of the Town of Hopeda1e.
 
Enforcing Person shall mean the Town's Board of Water Commissioners, its duly appointed agents, employees and members, the Board of Health, the Town Police, Special Police, and any other person designated by the Town as having police powers.
 
State of Water Supply Emergencv shall mean a State of Water Supply Emergency declared by the Department of Environmental Protection under M.G.L. c.21G: see 15-17.
 
State of Water Supply Conservation shall mean a State of Water Supply Conservation dec1ared by the Town pursuant to section 4 of this bylaw.
 
Water Users or Water Consumers 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,
 
Section 4       DECLARATION OF A STATE OF WATER SUPPLY CONSERVATION
 
The Town, 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 Section 6 of this bylaw before it may be enforced.
 
Section 5       RESTRICTED WATER USES
 
A declaration of a State of Water Supply Conservation shall include one or more of the following restrictions, conditions, or requirements limiting 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 Section 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 Watering Ban Outdoor watering is prohibited
 
        c]      Outdoor Watering Hours Outdoor watering is permitted only for a period not to exceed two hours per user or consumer per day and only during the period from 10 P.M. to 4 A.M.
 
        d]      Filling Swimming Pools  Filling of swimming pools is prohibited.
 
        e]      Automatic Sprinkler Use The use of automatic sprinkler systems is prohibited.
 
Section 6       PUBLIC NOTIFICATION OF A STATE OF WATER SUPPLY CONSERVATION:
                NOTIFICATION OF DEP
 
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 Section 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.
 
Section 7       TERMINATION OF A STATE OF WATER SUPPLY CONSERVATION NOTICE
 
        A State of Water Supply Conservation may be terminated by a majority vote of the Board of Water Commissioners, upon a determination that the condition or condition(s) set forth in Section 4 no longer exists. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner required by Section 6.
 
Section 8       STATE OF WATER SUPPLY EMERGENCY: COMPLIANCE WITH DEP ORDERS
 
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.
 
Section 9       PENALTIES
 
The enforcing persons, as defined in Section 3 of this Bylaw, may enforce the provisions of this Bylaw. Any person violating this Bylaw may be subject to civil or criminal enforcement. With regard to criminal enforcement, a violator shall be liable to the town in the amount of$50.00 for the first violation and $100.00 for each subsequent violation which shall inure to the town for such uses as the Board of Water Commissioners may direct. Each day a violation occurs, and each separate violation of the bylaw, shall constitute a separate offense.
                .
As an alternative to criminal prosecution, the enforcing person may enforce this bylaw pursuant to the non-criminal disposition statute, G.L. c.40, S.21D, and the Town's non-criminal disposition Bylaw of the General bylaws. The Non-criminal penalty for violation of provision of this bylaw shall be:
First Offense: $50.00
Second Offense: $100.00
Third and subsequent Offenses: $200.00
 
Section 10      SEVERABILITY
 
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.