: Voted at the Special Town Meeting held April 9, 2002, approved by the Attorney General on October 11, 2002. and posted in five public places October 18, 2002.
Section 1. AUTHORITY
This Bylaw is adopted by the Town of Tisbury under its powers to protect public health and welfare and its powers under Chapter 394 of the Acts of 1905, as amended “An Act to Provide for the Establishment of a Water Supply System by the Town of Tisbury” and implements the Town’s authority to regulate water use pursuant to M.G.L. C. 41 Ss 69B. This Bylaw also implements the Town’s authority under M.G.L. Ch. 40, Ss 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
Person: Shall mean any individual, corporation, trust, partnership or association, or other entity.
State of Water Supply Conservation: Shall mean a State of Water Supply Conservation declared by the Town pursuant to Section 4 of this bylaw.
State of Water Supply Emergency: Shall mean a State of Water Supply Emergency declared by the Department of Environmental Protection under M.G.L. Ch. 21G, Ss 15-17.
Water Users or Water Consumers: Shall mean all public and private users of the Town’s 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 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 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 Section 6.
1. Odd/Even Day Outdoor Watering: Outdoor watering by water users with odd numbered addresses is restricted to odd numbered calendar days. Outdoor watering by water users with even numbered addresses is restricted to even numbered calendar days.
2. Watering Ban: Outdoor watering for any purpose is prohibited.
3. 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 a public notice thereof.
4. Filling Swimming Pools: Filling of swimming pools is prohibited.
5. Automatic Lawn Sprinkler Use: The use of automatic lawn sprinkler systems is prohibited.
Municipal and/or commercial enterprises which use water to process or maintain service may be exempt from the State of Water Conservation pending a review by the Board of Water Commissioners.
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 water supply shortage no longer exists. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner as required by Section 6.
Section 8 STATE OF WATER SUPPLY EMERGENCY; COMPLIANCE WITH DEP ORDERS
Upon notification to the public that a State of Water Supply Emergency has been issued by the Department of Environmental Protection, 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.
Section 9 – PENALTIES
Any person violating this bylaw shall be liable to the Town in the amount of $50.00 for the first violation and $100 for each subsequent violation which shall enure 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 day of violation shall constitute a separate offense
Section 10 SEVERABILITY
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.
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