[HISTORY: Adopted by the Town Meeting of the Town of North Reading as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Martin's Pond __ See Ch. 110.
Swimming pools __ See Ch. 163.
Wetlands __ See Ch. 196.
ARTICLE I
Damage to Water Supply
[Adopted 3_12_1973 ATM by Art. 2
approved 10_11_1973]
~ 191_1. Prohibited acts.
No person shall in any way injure, pollute, or obstruct any of the drinking fountains, waterways, or water supply of the Town.
ARTICLE II
Water Supply Conservation
[Adopted 10_21_1974 ATM by Art. 38,
approved 12_13_1974; amended 10_17_1977 ATM
by Art. 22, approved 2_28_1978; 10_9_1997 ATM
by Art. 9, approved 1_29_1998]
~ 191_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.
~ 191_3. Authority.
This bylaw is adopted by the Town under its police power to protect public health and welfare and its power under MGL c. 40, ~ 21 et seq. and implements the Town authority to regulate water use pursuant to MGL c. 41, ~ 69B. This bylaw also implements the Town's authority under MGL c. 40, ~ 41A, conditioned upon a declaration of water supply emergency issued by the Department of Environmental Protection.
~ 191_4. Definitions.
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, ~~ 15 to 17.
STATE OF WATER SUPPLY CONSERVATION __ Shall mean a state of water supply conservation declared by the Town pursuant to ~ 191_5 of this bylaw.
WATER USERS or WATER CONSUMERS __ Shall mean all public and private users of the Town's public water system, irrespective of any person's responsibility for billing purposes for water used at any particular facility.
~ 191_5. Declaration of state of water supply conservation.
The Town, through its Board of Selectmen, 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 consumers. Public notice of a state of water supply conservation shall be given under ~ 191_7 of this bylaw before it may be enforced.
~ 191_6. Restrictions on water use. [Amended 10_12_2000 ATM by Art. 29]
Outdoor watering is restricted to an odd/even system, wherein outdoor watering by water users with odd numbered addresses is restricted to odd numbered days and outdoor watering by water users with even numbered addresses is restricted to even numbered days. Installation of new sprinkler systems connected to the municipal water supply in the Town of North Reading shall be equipped with a rain sensor device, approved by the North Reading Department of Public Works, so that excessive watering will be automatically prevented during rain storms.
A. State of water supply conservation. A declaration of a state of water supply conservation shall include one or more of the following additional 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 ~ 191_7 of this bylaw.
(1) Outdoor watering hours. Outdoor watering is permitted only during periods of low demand, to be specified in the declaration of a state of water supply conservation and public notice thereof.
(2) Weekly outdoor watering. Outdoor watering is restricted to one day per week by precinct, in accordance with the following schedule:
Precinct Outdoor Watering Day
1 Monday
2 and 3 Wednesday
4 Friday
(3) Automatic sprinkler use. The use of automatic sprinkler systems is prohibited.
(4) Filling swimming pools. Filling of swimming pools is prohibited.
(5) Outdoor watering ban. Outdoor watering is prohibited.
B. Exemptions. Persons seeking an exemption from the requirements of this section are required to make application to the North Reading Department of Public Works in Town Hall at 235 North Street.
~ 191_7. Notification of public and Department of Environmental Protection.
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. All restrictions imposed under ~ 191_6 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.
~ 191_8. Termination of state of water supply conservation; notice.
A state of water supply conservation may be terminated by a majority vote of the Board of Selectmen, 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 ~ 191_7.
~ 191_9. State of water supply emergency.
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 or condition of any order approved or issued by the Department intended to bring about an end to the state of water supply emergency.
~ 191_10. Violations and penalties.
A. Any person violating this bylaw shall be liable to the Town in the amount of $50.00 for the first violation and $100.00 for each subsequent violation which shall inure to the Town.
B. The enforcing persons shall be any police officer of the Town.
C. Fines shall be recovered by increment, or upon 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.
~ 191_11. Severability.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof.
ARTICLE III
Water Commission
[Adopted 4_4_1994 ATM by Art. 15,
approved 6_13_1994]
~ 191_12. Purpose.
The production, acquisition and delivery of high quality drinking water through the public water system are priority goals of the townspeople of North Reading. Accordingly, it is imperative that related decisions be made by Town officials focused on these goals. Therefore, the following by_law is established to provide for a Water Commission with the authority and responsibilities specified.
~ 191_13. Appointment; terms of office; alternate members.
A Water Commission consisting of five regular members shall be appointed for three year terms by the Board of Selectmen. Initially, the five members shall be appointed as follows: 2 terms for three years, 2 terms for two years, one term for one year. Thereafter, the Board of Selectmen shall annually fill the expiring term. The Board of Selectmen shall also appoint two alternate members for not more than three years.
~ 191_14. Powers and duties.
A. The Commission shall adopt rules and regulations pertaining to the distribution and use of water by the Town.
B. The Commission shall, in accordance with ~~ 191_16 and 191_17, as follows:
(1) Recommend rate and charges for water use to the Board of Selectmen.
(2) Adopt a capital plan setting forth the cost, scheduling and financing of capital improvements and associated efforts addressing the needs of the water system.
(3) Adopt an annual operating budget delineating the costs of staffing, goods and services needed to operate the water system, and the amount and sources of revenue needed to adequately fund the enterprise.
C. The capital plan and annual operating budgets so adopted shall be submitted to the Town Administrator consistent with the provisions of the Town Charter.
~ 191_15. Staff and other resources.
The Commission shall work with the Town Administrator, in a manner consistent with the Town Charter, to provide for staff, technical, management and administrative resources, and for the procurement of goods and services sufficient to meet the daily operational needs of the water enterprise.
ARTICLE IV
Water Rates and Capital Plan
[Adopted 4_4_1994 ATM by Art. 16,
approved 6_13_1994]
~ 191_16. Water rate hearings.
The Board of Selectmen, or other governmental body having the authority to set water rates, shall conduct a public hearing prior to each change in such rates, but no less often than annually. Notice of hearings shall be given for two (2) consecutive weeks in a newspaper of local distribution and simultaneously in the location of postings of all public meetings.
~ 191_17. Capital plan hearings.
The Board of Selectmen, or other governmental body having the authority to set water rates, shall adopt by its vote a capital plan for the public water system that sets out the necessary items of capital maintenance, improvement and expansion of the system. Such authority shall conduct a public hearing prior to each change in such capital plan, but no less often than annually. Notice of hearings shall be given for two consecutive weeks in a newspaper of local distribution and simultaneously in the location of postings of all public meetings.
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