WATER USE RESTRICTION BYLAW<\/p>\n
This Bylaw is adopted by the Cotuit Fire District under its police powers to protect public health and welfare and its powers under M.G.L. c.40,\u00a0\u00a7\u00a721 et seq, and implements the District\u2019s authority to regulate water use pursuant to M.G.L. c. 41, \u00a769B. This bylaw also implements the District\u2019s authority under M.G.L. c. 40, \u00a741A, conditioned upon a declaration of water supply emergency issued by the Department of Environmental Protection.<\/p>\n
The purpose of this bylaw is to protect, preserve and maintain the\u00a0Public 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,\u00a0requirements, provisions or conditions imposed by the District or\u00a0by the Department of Environmental Protection.<\/p>\n
The District, through its Board of Water Commissioners, may\u00a0declare a State of Water Supply Conservation upon a\u00a0determination by a majority vote of the Board that a shortage of\u00a0Water exists and conservation measures are appropriate to ensure\u00a0an adequate supply of water to all water consumers. Public notice\u00a0of a State of Water Conservation shall be given under section 6\u00a0of this bylaw before it may be enforced.<\/p>\n
A declaration of a State of Water Supply Conservation shall\u00a0include one or more of the following restrictions, conditions, or\u00a0requirements limiting the use of water as necessary to protect\u00a0the water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under\u00a0section 6.<\/p>\n
a) Odd\/Even Day<\/strong> Outdoor Watering Outdoor watering by water\u00a0users with odd numbered addresses is restricted to odd numbered\u00a0days. Outdoor watering by water users with even numbered addresses is restricted to even numbered days.<\/p>\n b) Outdoor Water Ban:<\/strong> Outdoor water is prohibited.<\/p>\n c) Outdoor Watering Hours:<\/strong> Outdoor watering is permitted only\u00a0during daily periods of low demand, to be specified in the\u00a0declaration of a State of Water Supply Conservation an public\u00a0notice thereof.<\/p>\n d) Filling Swimming Pools:<\/strong> Filling of swimming pools is prohibited.<\/p>\n e) Automatic Sprinkler Use:<\/strong> The use of automatic sprinkler\u00a0systems is prohibited.<\/p>\n Notification of any provision, restriction, requirement or condition\u00a0imposed by the District as part of a State of Water Supply Conservation shall be published in a newspaper of general circulation within the District, 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.<\/p>\n A State of Water Supply Conservation may be terminated by a majority vote of the Board of Water Commissioners, upon a\u00a0determination that the water supply shortage no longer exists.\u00a0Public notification of the termination of a State of Water Supply\u00a0Conservation shall be given in the same manner required by section 6.<\/p>\n Upon notification to the public that a declaration of a State of Water 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.<\/p>\n Any penalties violating this bylaw shall be liable to the District in the amount of $50.00 for the first violation and $100 for each subsequent violation which shall incur to the District 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.<\/p>\n The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.<\/p>\nSection 6: Public Notification of a State of Water Supply Conservation: Notification of DEP<\/h3>\n
Section 7: Termination of a State of Water Supply Conservation: Notice<\/h3>\n
Section 8: State of Water Supply Emergency: Compliance with DEP Orders<\/h3>\n
Section 9: Penalties<\/h3>\n
Section 10: Severability<\/h3>\n