DIGHTON WATER DISTRICT

BY-LAWS

 

 

 

ARTICLE I

OFFICERS

 

SECTION 1

The Officers of the District shall be as specified and directed by Chapter 359 of the Acts of 1950.

 

 

 

ARTICLE II

MEETINGS

 

SECTION 1

As Amended-Special Meeting January 9, 1975: Beginning in 1975 and for each year thereafter, the Annual Meeting shall be held on the fourth Thursday in May.

 

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 ten 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 warrant. 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 Commissioners shall meet at the District Office on the second Monday of the Month. In the event of a Monday holiday, the meeting shall take place on the following business day.

 

AMENDED

SECTION 3

As of November 18,1999 the Board of Water Commissioners 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 Board of Water Commissioners.

(APPROVED NOVEMBER 18, 1999 BY THE DISTRICT)

 

 

 

ARTICLE III

FINANCES

 

SECTION 1

As Amended Ė 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 of 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These By-Laws may be altered, amended, repealed and added to at any meeting of the District, provided notice of such proposal is set forth in the call for the meeting.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 officer, 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 thereon 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 powers, its police powers to protect public health and welfare and itís 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 supply 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 Districtís plan approved by the Department of Environmental Protection to abate the emergency.

 

SECTION 3: Definitions

For the Purpose of this By-law:

 

Enforcement authority shall mean the Districts Board of Water Commissioners, 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.111, 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 situation 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 users of the District supply.

 

SECTION 5: Penalty

Any person or entity who violates this By-law, shall be liable to the District in the amount of $50.00 for the first violation and $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 Laws. Each separate instance of noncompliance following the issuance of Any warning or citation pursuant to this section shall constitute a separate violation.

 

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 against 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 vandalism 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 and 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.

(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 public health and welfare and its powers under Chapter 359 of the Acts of 1950 and implements the Districtís authority to regulate water use pursuant to Massachusetts General Laws, Chapter 41, Section 69B. This by-law also implements the Districtís 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 the 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 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 Water 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 following restrictions, conditions, or requirements limiting the use of outdoor 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.

 

a)   Odd/Even Day Outdoor Watering; Outdoor watering by water users with odd numbered addresses are restricted to odd numbered calendar days. Outdoor watering by water users with even numbered addresses restricted to even numbered calendar days.

b)   Outdoor Watering Ban; Outdoor watering is prohibited.

c)   Outdoor Watering Hours; Outdoor watering is permitted only during periods of low demand and to be specified in the Water Management Program and public notice thereof.

d)   Filling Swimming Pools; Filling of Swimming pools is prohibited.

e)   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 published in a newspaper of general circulation within the District, or by such other means reasonably calculated to reach and inform all users of water of the Mandatory Water Management Program. Any restrictions imposed under SECTION 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 supply 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: $ 50.00 FINE

c)  THIRD OFFENSE: $100.OO FINE

d    FOURTH OFFENSE: TERMINATION OF WATER UNTIL THE MATTER OF CONTIUED VIOLATION IS RESOLVED

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 invalidate 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 DISTRICT)