Section 22 Injury of Natural/Mechanical Water Supply
No person shall, in any manner, injure any of the drinking fountains, or springs in or near any street or public place of the Town, or throw or place any substance in the same.
Penalties: (Adopted ATM 5/2/1994)
Maximum Fine Allowed: $100.00
Enforcement Agent: Water Commissioners, Board of Health
1st Offence: Warning
2nd Offence: $25.00
3rd Offence: $50.00
4th Offence: $100.00 per day
Each day a violation exists shall be deemed to be a separate violation.
Section 22 A Water Use Restriction Bylaw
This bylaw is adopted by the Town of Huntington under its police powers to protect public health and welfare and its powers under MGL c.40,S21 et seq, and implements the authority of the Water and Sewer Commission of the Town of Huntington (hereafter referred to as “Water Commission” to regulate water use in the Public Water Supply Overlay District pursuant to MGL.c41,S69B. This bylaw also implements the Water Commission’s authority under MGL.c.40, S41A, 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 duty-imposed by the Water Commission or by the Department of Environmental Protection.
Section 3: Definitions
Public Water Supply Overlay District shall mean that part of the Town served by the Water and Sewer Commission of the Town of Huntington.
Person shall mean any individual, corporation, trust, partnership, or association, or other entity.
State of Water Supply Emergency shall mean a State of Water Supply Emergency declared by the Department of Environmental Protection under MGL. C.21G, S15-17.
Sate of Water Supply Conservation shall mean a State of Water Supply Conservation declared by the Water Commission pursuant to Section 4 of this bylaw.
Water Users or Water Consumers shall mean all public and private users of the Town of Huntington’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 Water Commission may declare a State of Water Supply Conservation upon a determination by a majority vote of the Commission 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 the State of Water Conservation shall be given under Section 6 of the bylaw before it may be enforced.
Section 5: Restrict Water Uses
A declaration of the 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:
Voluntary Water Conservation: Water users are asked to use appropriate conservation measures.
Odd/Even Outdoor Watering: Outdoor watering by water users with odd-numbered addresses is restricted to odd-numbered days. Outdoor watering with even-numbered addresses is restricted to even-numbered days. Filling of swimming pools is prohibited.
Outdoor Watering Ban: Outdoor water usage is prohibited.
Section 6: Public Notification of a State of Water Conservation; Notification of DEP
Notification of any provision, restriction, requirement or condition imposed by the Water Commission as part of a State of Water Supply Conservation shall be published in a newspaper of general circulation within the Town of Huntington, 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 Water Commission, 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 required by Section 6.
Section 8: State of Water Supply Emergency; Compliance with DEP Orders
Upon notification to the public , in accordance with provisions outlined in Section 6 of this bylaw, 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 or condition of any order approved or issued by the Department intended to bring about an end to the State of Emergency, except as required for public safety , as determined by the Fire Chief of the Town of Huntington. A State of Water Supply Emergency shall remain in effect until such time as a declaration of termination is issued by the DEP.
Section 9: Penalties
Any person violating this bylaw shall be liable to the Water Commission in the amount of $50.00 for the first violation and $100 for each subsequent violation which shall inure to the Town of Huntington. 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 Bylaws. Each day of violation shall constitute a separate offense.
Section 10: Enforcement
The provisions of this bylaw shall be enforced by the Water Commission of the Town of Huntington or an enforcement officer appointed by that commission.
Section 11: Severabililty
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.
(Adopted ATM 05/06/2002)