(A) The Water and Sewer Commission shall monitor the town’s available water supplies to ensure that a flow of water is provided which will be adequate to:
(1) Meet the health and sanitation requirements of those residents of the town who are supplied by water from the town’s water system;
(2) Provide sufficient firefighting capacity; and
(3) Provide a reserve sufficient to meet the foregoing requirements and meet such emergencies and contingencies as may exist from time to time.
(B) If the Water and Sewer Commission determines that the amount of available water supplies is below an amount sufficient to meet the requirements of division (A) above, or that weather and hydrological conditions are such that their continued existence threatens to reduce the amount of available water supplies below an amount sufficient to meet the requirements of division (A) above, it may request the Board of Selectmen to declare a water supply emergency.
(C) The Board of Selectmen may, after notice and a public hearing, declare that a water supply emergency exists and may impose any of the water conservation measures and restrictions set out in division (D) below. Such restrictions and measures shall be subject to the exceptions set out in division (G) below. Notice of the public hearing shall be by publication of the request for a water supply emergency and the possible conservation measures and restrictions and the time and place of the hearing in a newspaper having a general circulation in the town at least three days before the date of such hearing.
(D) Upon a declaration by the Board of Selectmen that a water supply emergency exists, it may impose the following water conservation restrictions, in such combinations and at such times of the day or year as it deems necessary or desirable, regarding the use of water from the town’s water system:
(1) Prohibiting the sprinkling, watering or irrigation of lawns, gardens, plants, vines, vegetables, flowers or any other vegetation;
(2) Prohibiting the washing of motor vehicles, boats or trailers;
(3) Prohibiting the filling or cleaning of swimming and wading pools;
(4) Prohibiting the cleaning of outdoor surfaces of all buildings or structures, sidewalks, driveways and other outdoor surfaces;
(5) Prohibiting the service of water to customers of public restaurants except at the specific request of such customers;
(6) Prohibiting the use of outdoor spigots or faucets or connections for any purpose whatsoever;
(7) Imposing a “drought surcharge” at a flat rate for any water used in excess of amounts specified by the Board of Selectmen;
(8) Requiring a reduction in the amount of water used by all residents and businesses connected to the town’s water system, and imposing a “drought surcharge” at a flat rate for any water used in excess of the reduced amount specified by the Board of Selectmen;
(9) Prohibiting the use of water for business and industrial purposes in excess of an amount specified by the Board of Selectmen, except that businesses concerned with public health and welfare and food service or manufacture may, upon approval of the town’s Director of Health, continue to use an amount of water necessary to meet the ordinary requirements of such businesses; and
(10) Rationing of water by reducing its supply to individual residential or business structures.
(E) (1) Notice of the restrictions imposed by the Board of Selectmen shall be published in a newspaper having a general circulation in the town at least three days before the effective date of such restrictions, and may be promulgated by such other means as the Board of Selectmen deems desirable.
(2) Weekends in July and August, no residential outside water use from Friday midnight to Sunday midnight, no washing cars, boats, house, watering lawns and the like.
(F) If at any time after the imposing of restrictions the Board of Selectmen deems it necessary to impose restrictions in addition to those previously imposed, it may do so after a public hearing noticed in accordance with the provisions of division (C) above. Any additional restrictions adopted by the Board of Selectmen shall be published in accordance with the provisions of division (E) above and may be promulgated by such other means as the Board of Selectmen deems desirable.
(G) (1) (a) The restrictions set forth in division (D) above shall not apply to any use of water necessary to maintain an adequate level of health or sanitation standards, as determined by the town’s Director of Health, for any persons using water from the town’s system. Any of such persons who consider that the restrictions imposed upon them adversely affect their health or sanitation may make application for a certificate of exemption from the town’s Director of Health.
(b) The Director of Health, after considering the circumstances of such persons and applying the standards necessary for the preservation of public health, may issue a certificate of exemption from the restrictions set forth in this section and shall notify the Water and Sewer Commission of any such exemptions.
(2) The restrictions set forth in division (D) above shall not apply to any firefighting or civil defense emergency.
(H) Any person who uses water during a water supply emergency from an outdoor faucet or spigot which is not connected to the town’s water system may apply to the Water and Sewer Commission for a certificate evidencing such fact and, upon inquiry from any person charged with the enforcement of such regulations, shall make such certificate available to the enforcement officer.
(I) Upon a determination by the Water and Sewer Commission that the water supplies available to the town’s water system are such that a water supply emergency is no longer necessary or may be modified, it shall notify the Board of Selectmen, which shall publish a notice of termination of the water supply emergency or modifications of restrictions imposed, in a newspaper having a substantial circulation within the town, and may promulgate such notice by other means that it deems desirable.
(J) (1) This section shall not be construed as prohibiting the taking of any action which may be necessary to ensure the safe and secure operation of the town’s water system in the interval between the occurrence of an event giving rise to a water supply emergency and the imposition of any water conservation measures or restrictions by the Board of Selectmen.
(2) The Water and Sewer Commission, or its Chairperson or the Director of Utilities, shall take such action as may be necessary to ensure the safe and secure operation of the town’s water system during such intervals.
(Ord. passed 11-8-1986; Ord. passed 6-18-2003; Ord. passed 1-7-2020)
Penalty, see § 52.99
Editor’s note:
TM Volume 16, page 31