TOWN OF MARSHF'ELD
870 Moraine Street Marshfield, Massachusetts, 02050-3498 Tel: 781-834-5540. Fax: 781-834-6289
Office of Town Clerk
Patricia A. Picco
Town Clerk
TOWN CLERK'S CERTIFICATE
The following is a true copy of the vote taken under Article 5 of the Special Town Meeting of the Town of Marshfield held at Marshfield High School on October 24,2005.
ARTICLE 5: The Town VOTED to adopt the following water restriction bylaw:
Article 5. BPW Water Restriction Bvlaw
The Town VOTED to adopt the following water restriction bylaw/ordinance to enable the Marshfield Board of Public Works to control and mitigate periods of high demand - with an associated stressed water supply -typically occurring during the summer months as outlined below in accordance with the Massachusetts Department of Environmental Protection (DEP).
The restrictions are applicable to persons connected to the Town's public water system and include odd/even day outdoor watering, limited outdoor watering hours, outdoor watering bans, prohibitions on filling swimming pools, and the use of automatic irrigation sprinkler systems. Persons violating the bylaw's restrictions are subject to civil fines.
Section 1 Authoritv:
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. The Town's authority to implement and regulate water use is authorized pursuant to M.G.L. C41, Sec. 69B. This Bylaw also implements the Town's authority under M.G.L. C40, Sec. 41A, and is 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." This bylaw provides 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 Emeraency shall mean an emergency declared by the Department of Environmental Protection under M.G.L. C21G, Sec. 15-17.
State of Water Supply Conservation shall mean restrictions of water use as declared pursuant to Section 4 of this bylaw.
Water Users or Water Consumers shall mean all users of the Town's public water supply 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 the Board of Public Works, may after a public hearing declare a "State of Water Supply Conservation" upon a determination by a majority vote of the Board of Public Works 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 Conservation" shall be given under Section 6 ofthis 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 application restrictions, conditions or requirements shall be included in the public notice 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 during daily periods of low demand, to be specified in
the declaration of a "State of Water Supply Conservation" and public notice thereof.
d) Filling of Swimming Pool:
Filling of swimming pools is prohibited, unless otherwise specified by the Board of Public Works.
e) Automatic Irrigation Sprinkler System Use:
The use of automatic irrigation sprinkler system 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 or 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 Department of Environmental Protection.
Section 7 Termination of a "State of Water SupplY Conservation": Public Notice
A "State of Water Supply Conservation" may be terminated by a majority vote of the Board of Public Works, 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 in Section 6 and shall also be simultaneously provided to the Department of Environmental Protection.
Section 8 "State of Water Supply EmeraencY": 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 DEP intended to bring about an end to the "State of Water Supply Emergency".
Section 9 Penalties
Any person violating this bylaw shall receive a written warning for the first offense. Any person shall then be liable to the Town in the amount of $50.00 for the second violation and $100.00 for each subsequent violation thereafter which shall inure to the Town. Nothwithstanding the provisions of any special law to the contrary, fines shall be recovered by indictment or on complaint before a district court, or by non-criminal disposition in accordance with M.G.L. C40, Sec. 21 D. Each day of violation shall constitute a separate offense. Repeated violations of this bylaw will also be grounds for termination of water service by the Board of Public Works for a period of time up to and including permanent disconnection.
Section 10 Severabilitv
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.
Section 11 Civil Enforcement
The Board of Public Works is authorized to utilize the Town Counsel to file suit seeking injunction enforcement of this bylaw.
PASSED UNANIMOUSLY
A true copy, ATTEST:
Patricia A. Picco Town Clerk
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