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General Bylaw Article 3-15

Water Supply Restrictions

SEC. 1. AUTHORITY

This By-Law is adopted by the Town under its home rule powers, its police powers to protect public health and welfare and its specific authorization under M.G.L. Ch. 40, sections 21 and 21D.

Sec. 2. PURPOSE

The purpose of this By-Law is to protect, preserve and maintain the public health, safety and public 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, acting through the Water Commissioners or the Department of Environmental Protection and included in the Town's plan approved by the Department of Environmental Protection to abate the emergency.

Sec. 3. DEFINITIONS

For the purpose of this By-Law:

  • Enforcement authority shall mean the Town's Board of Water Commissioners, their duly appointed employees and the Town Police.
  • State of Water emergency shall mean a state of water supply emergency declared by the Department of Environmental Protection pursuant to G.L. Ch. 21 G, section G.L. Ch. 111, s. 160 or by the Governor.

Sec. 4.

The following shall apply to all users of all water supplies 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, condition, requirement of 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 provisions, restrictions, requirements, or conditions 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 By-Law 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.

Sec. 5. PENALTY

Any persons or entity who violates this By-Law, shall receive a written warning for the first violation and shall be liable to the Town in the amount of $50.00 for the second 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. Fines shall be recovered by indictment or on complaint before the District Court or by non-criminal disposition in accordance with Section 21D of Chapter 40 of the General Laws. Each separate instance of noncompliance following the issuance of any warning or citation pursuant to this section shall constitute a separate violation.

Sec. 6. RIGHT OF ENTRY

If it should be necessary to enter upon private property for the purpose of inspecting or investigating any possible violation of this By-Law or enforcing against the same, agents of the enforcement authority must first obtain a search warrant.

Sec. 7. SEVERABILITY

The invalidity of any portion or provisions of this By-Law shall not invalidate any other portion, provision or section hereof.

Enforcement

Last Updated 10/92