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DIGHTON WATER DISTRICT BY-LAWS ARTICLE I OFFICERS SECTION 1 The
Officers of the District shall be as specified and directed by Chapter 35=
9 of
the Acts of 1950. ARTICLE II MEETINGS SECTION 1
As
Amended-Special Meeting January 9, 1975: Beginning in 1975 and for each y=
ear
thereafter, the Annual Meeting shall be held on the fourth Thursday in Ma=
y. Section 2
Meetings
of the District shall be called by a majority of the Water Commissioners;=
and
must be called by the Water Commissioners when requested in writing by te=
n or
more legal voters of the District. Meetings shall be called by a warrant =
from
the Water Commissioners addressed to a person authorized to post such a w=
arrant.
Copies of the warrant shall be posted in two or more public places within=
the
District at least seven days before the time of the meeting. The warrant
shall briefly state the purpose of the meeting. Section 3
As
of September,1991, the Board of Water Commissi=
oners
shall meet at the District Office on the second Monday of the Month. In t=
he event
of a Monday holiday, the meeting shall take place on the following busine=
ss
day. AMENDED SECTION 3
As
of November 18,1999 the Board of Water Commiss=
ioners
shall meet at the Dighton Water District office on the second Tuesday of =
the month
and such other times, as they deem necessary. In the event of a Tuesday
holiday or if it becomes necessary to change the date and time of the
meeting, the meeting shall take place on a date and time chosen by the Bo=
ard
of Water Commissioners. (APPROVED NOVEMBER
18, 1999 BY THE DISTRICT) ARTICLE III FINANCES SECTION 1
As
Amended – Special Meeting January 9, 1975: The Financial year shall=
be
the fiscal period beginning July 1 and ending the following June 30. SECTION 2
No
money shall be paid from the treasury without written approval or order o=
f a
majority of the Water Commissioners. ARTICLE IV AMENDMENTS SECTION 1 These
By-Laws may be altered, amended, repealed and added to at any meeting of =
the
District, provided notice of such proposal is set forth in the call for t=
he
meeting. ARTICLE V FINANCE AND ADVISORY (By-Law
as adopted at the Annual Meeting, February 28,1967) SECTION 1 At
the Annual Meeting and before the final adjournment thereof, there shall =
be
appointed by the Moderator, a Finance Committee consisting of five (5)
members to serve until the final adjournment of the next Annual Meeting, =
and
until their successors have been appointed, none of whom shall be an offi=
cer,
or member of the District Commissioners. Vacancies shall be filled by the=
remaining
members of the Committee. SECTION 2 The
Chairman of the Board of Commissioners shall call the Finance Committee
together for organization within thirty (30) days from the date of their
appointment. The Committee shall annually at its first meeting elect a
Chairman and a Clerk. SECTION 3 When
the Warrant for a District Meeting contains any article or articles under
which an appropriation or expenditure of money, or the disposition of any
property of the District may be made, the Finance Committee shall consider
such articles, and may if it deems advisable, give a public hearing there=
on
and shall report in writing its recommendations to the District. (Except
as herein noted, these By-Laws were adopted July 19, 1951.) ARTICLE VI WATER SUPPLY BY-LAW SECTION 1:
Authority This
By-law is adopted by the Dighton Water District under its home rule power=
s,
its police powers to protect public health and welfare and it’s
specific authorization under M.G.L. c. 40,s.21=
and
21D. SECTION 2:
Purpose The
purpose of this By-law is to protect, preserve, and maintain the public
health, safety and welfare whenever there is in force a state of water su=
pply
emergency by providing for enforcement of all duly imposed restrictions,
requirements, provisions or conditions imposed by the District or by the
Department and included in the District’s plan approved by the
Department of Environmental Protection to abate the emergency. SECTION 3: Definitions For
the Purpose of this By-law: Enforcement authority<=
/b>
shall mean the Districts Board of Water Commi=
ssioners,
the Town Police, and special police. State of water supply emergency
shall mean a state of water supply emergency declared by the Department of
Environmental Protection pursuant to G.L.c.21G, s.15 through 17, G.L.c.11=
1,
s.160 or by the Governor. SECTION 4:
The
following shall apply to all users of water supplied by the Dighton Water
District: Following
notification by the District of the existence of a state of water supply
emergency, no person shall violate any provision, condition, requirement =
or
restriction included in a plan approved by the Department of Environmental
Protection which has as its purpose the abatement of a water supply
emergency. Notification
of any provision, restriction, requirement, or condition with which users=
of
water supplied by the District are required to comply to abate a situatio=
n of
water emergency shall be sufficient for purposes of this By-law if it is
published in a newspaper of general circulation within the District or by
such other notice as is reasonably calculated to reach and inform all use=
rs
of the District supply. SECTION 5: Penalty Any
person or entity who violates this By-law, sha=
ll be
liable to the District in the amount of $50.00 for the first violation an=
d $100.00
for each subsequent violation which shall inure 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 noncriminal
disposition in accordance with Section 21D of Chapter 40 of the General L=
aws.
Each separate instance of noncompliance following the issuance of Any war=
ning
or citation pursuant to this section shall constitute a separate violatio=
n. SECTION 6: Right of Entry Agents
of the enforcement authority may enter any property for the purpose of
inspecting or investigating any violation of the By-law or enforcing agai=
nst
the same with a court order. Section 7: Severability The
invalidity of any portion or provision of the By-law shall not invalidate=
any
other portion, provision or section hereof. (APPROVED NOVEMBER 18,1999 BY THE
DISTRICT) ARTICLE VII ILLEGAL USE OF FIRE HYDRANTS SECTION1:
Whoever
willfully or wantonly opens a fire hydrant for the sole purpose of vandal=
ism
or obtaining unmetered water without first obtaining permission from the
Dighton Water District, shall forfeit and pay =
to the
District the sum of $100.00 for each offense or twice the amount of any a=
nd
all damages, whichever is greater. This By-law is not intended to restrict the use of fire hydrants by the Fire Department or the Dighton Highway Department in their normal operations.<= o:p> (APPROVED NOVEMBER 18,1999 BY THE
DISTRICT) ARTICLE VIII WATER MANAGEMENT PROGRAM SECTION 1:
Authority This
By-law is adopted by the District under its police powers to protect publ=
ic
health and welfare and its powers under Chapter 359 of the Acts of 1950 a=
nd
implements the District’s authority to regulate water use pursuant =
to
Massachusetts General Laws, Chapter 41, Section 69B.
This by-law also implements the District’s authority under
Massachusetts General Laws, Chapter 40, Section 41A conditioned upon a
declaration of water supply emergency issued by the Department of
Environmental Protection. SECTION2:
Purpose The
purpose of this By-law is to protect, preserve and maintain the public
health, safety and welfare whenever there is a Water Management Program of
State of Water Supply Emergency by providing for enforcement of any duly
imposed restrictions, requirements, provisions or conditions imposed by t=
he
District 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 Emergency
shall mean a State of Water Supply Emergency declared by the Department of
Environmental Protection under Massachusetts General Laws, chapter 21G,
Sections 15-17. Water Management Program
shall mean a Water Supply conservation Program declared by the District
pursuant to Section 4 of this by-law. SECTION 4: Declaration of Water
Management Program The
District, through its Board of Water Commissioners, may declare a Water
Management Program upon determination by a majority vote of the Board tha=
t a
shortage of water exists and conservation measures are appropriate to ens=
ure
an adequate supply of water to all water consumers. Public notice of a Wa=
ter
Management Program shall be given under Section 6 of this by-law before it
may be enforced. SECTION 5: Restricted Water Use A
mandatory Water Management Program shall include one or more of the follo=
wing
restrictions, conditions, or requirements limiting the use of outdoor wat=
er
as necessary to protect the water supply. The applicable restrictions,
conditions, or requirements shall be included in the public notice requir=
ed
under Section 6. a)=
<=
u>Odd/Even
Day Outdoor Watering; Outdoor watering by water users =
with
odd numbered addresses are restricted to odd numbered calendar days. Outd=
oor
watering by water users with even numbered addresses restricted to even <=
span
class=3DGramE>numbered calendar days. b)= <= u>Outdoor Watering Ban; Outdoor watering is prohibited.<= o:p> c)=
<=
u>Outdoor
Watering Hours; Outdoor watering is permitted on=
ly
during periods of low demand and to be specified in the Water Management
Program and public notice thereof. d)=
<=
u>Filling
Swimming Pools; Filling of Swimming pools is
prohibited. e)=
<=
u>Automatic
Sprinkler Use; The use of automatic sprinkler
systems is prohibited. SECTION 6: Public Notification of=
a
Mandatory Water Management Program; Notification of DEP Notification
of any provision, restriction, requirement or condition imposed by the
District as part of a Mandatory Water Management Program shall be publish=
ed
in a newspaper of general circulation within the District, or by such oth=
er
means reasonably calculated to reach and inform all users of water of the
Mandatory Water Management Program. Any restrictions imposed under SECTIO=
N 5
shall not be effective until such notification is provided. Notification =
of a
Mandatory Water Management Program shall also be simultaneously provided =
to
the Massachusetts Department of Environmental Protection. SECTION 7:
Termination of a Mandatory Water
Management Program; Notice The
Mandatory Water Management Program may be terminated by a majority vote of
the Board of Water Commissioners, upon a determination that the water sup=
ply
shortage no longer exists. Public notification of the termination of the
Mandatory Water Management 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 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 or
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 by-law shall be subject to the following fines: a) =
FIRST OFFENSE:
WRITTEN WARNING b) =
SECOND OFFENSE: c) =
THIRD OFFENSE:
$100.OO FINE d) =
FOURTH OFFENSE: This
section shall be enforced under the provisions of Chapter 40, section 21D=
. Upon
a violation of this by-law, the Board of Water Commissioners shall serve a
written notice to appear before the Clerk of court of the district court =
not
later than 21 days after receipt of said notice. Therefore, the procedures
set forth in Chapter 40,section 21D, shall be
followed. SECTION 10:
Severability The
invalidity of any portion or provisions of this by-law shall not invalida=
te
any other portion or provision thereof. (APPROVED November 18, 1999 BY THE
DISTRICT) ARTICLE IX EXTENDING A WATER MAIN=
SECTION 1: Any
person who requests and receives approval at any meeting of the District =
to
extend a water main to their property would be required to pay for such an
extension and all costs involved. (APPROVED May 27, 2004 BY THE DISTRI=
CT) |