Drought Ordinance
13.08.090 - Water restriction authority.
A. The Water Board shall have the power to restrict the use of hand-hose or automatic sprinkler or similar devices to such hours of the day as it may deem necessary pursuant to G.L. c. 41, §69B, and the City Manager or if designated, the Managing Director of the Water Department, shall limit nonessential outdoor water use during a drought declaration by the Secretary of Energy and Environmental Affairs for the drought region, pursuant to 310 CMR 36.00; and for any violation of such restrictions the occupant of the premises shall be liable to the penalties imposed in Section 13.08.110 for a waste or improper use of water and Chapter 13.12 of this code. Adrought declaration by the Secretary shall restrict water uses as follows:
1. In accordance with 310 CMR 36.07(2)(c), if the Massachusetts Secretary of Energy and Environmental Affairs declares a drought in the region, county or watershed, such restrictions
shall be in place during a drought declaration and nonessential outdoor water use shall be restricted as follows:
a. Level 1 (Mild Drought). All nonessential outdoor water uses restricted to no more than one day per week, before 9:00 a.m. and after 5:00 p.m., except that watering of ornamentals and flower gardens with drip irrigation, hand-held hose or watering cans may be permitted.
b. Level 2 (Significant Drought). All nonessential outdoor water uses banned, except that watering of ornamentals and flower gardens with drip irrigation, hand-held hose or watering cans may be permitted.
c. Level 3 (Critical Drought) or Level 4 (Drought Emergency). All nonessential outdoor water uses are banned.
2.For withdrawals for the maintenance of golf course greens, tees, fairways, and roughs during a drought declaration by the Secretary of Energy and Environmental Affairs for the drought region, registrants shall comply with the following restrictions on nonessential outdoor water use:
a. Level 1 (Mild Drought). Irrigation of fairways shall be reduced to 80% of normal, irrigation of roughs shall be reduced to 50% of normal, and there shall be no irrigation of landscaping and ornamentals.
b. Level 2 (Significant Drought). Irrigation of fairways shall be reduced to 60% of normal, and there shall be no irrigation of roughs, landscaping and ornamentals.
c. Level 3 (Critical Drought) or Level 4 (Drought Emergency). Irrigation of fairways reduced to 40% of normal, and there shall be no irrigation of roughs, landscaping and ornamentals.
3. The Water Board shall have the power to implement nonessential outdoor water use restrictions that are more stringent than those set forth in 310 CMR 36.07(2)(c), as described in Section 13.08.090 A, 1 through 2, and D.
4. Once implemented, pursuant to 310 CMR 36.07(2)(c), restrictions on nonessential outdoor water use at least as restrictive as described in Section 13.08.090 A, 1 through 2, and D, shall remain in place for the respective declared drought level until the drought level is changed by the Secretary.
5. The Water Department in accordance with G.L. c. 40, §41A, may, upon notification to the water takers, shut off the water at the meter or curb cock or by other means as the case may be, during a drought, hurricane, conflagration or other disaster when in the opinion of the department of environmental protection an emergency exists.
B. Public Notification of a Drought Declaration: Notice to the public of all provisions, including all restrictions, requirements and conditions imposed by the City as part of a drought declaration shall be made as soon as possible, but no later than 48 hours following the declaration of a drought and the City may utilize any of the following forms of notice: publication in a newspaper of general circulation within the City, notice on the City website, signage on major roadways or intersections, reverse 911 calls, social media, public service announcements on local media, informal posting, or other such means reasonably calculated to reach and inform all water customers.
C. Notice of Termination of Drought Declaration: Upon notification to the City that the declaration of a drought has been terminated by the Secretary, the public will be notified of the termination in the same manner as the notification of its imposition.
D. The following is a list of outdoor water uses that will not be restricted under the new conditions (pursuant to 310 CMR 36.03):
a) for health or safety reasons, including public facilities used for cooling such as splash pads and swimming pools, and for washing of boats, engines, or marine equipment to prevent negative saltwater impacts or the transfer of invasive aquatic species, and for the preservation of trees, including trees on private property, by using slow release watering bags or other slow release systems, because trees promote the health, safety and welfare of residents for multiple reasons, including but not limited to improving air quality and reducing urban heat island impacts;
b) by permit, license, statute or regulation;
c) for the production of food, including vegetable gardens, and fiber;
d) for the maintenance of livestock;
e )to meet the core functions (those functions essential to the commercial operations) of a business, including but not limited to:
1. plant nurseries as necessary to maintain stock;
2. golf courses as necessary to maintain greens and tees, and limited fairway watering per 310 CMR 36.07(2)(c)2.a. through c.;
3. venues used for weddings or similar special events that limit watering to hand-held hose or drip irrigation as necessary to maintain gardens, flowers and ornamental plants;
4. professional washing of exterior building surfaces, parking lots, driveways and/or sidewalks as necessary to apply surface treatments such as paint, preservatives, stucco, pavement, or cement in the course of construction, reconstruction or renovation work;
f) for irrigation of public parks before 9:00 A.M. and after 5:00 P.M.,
g) for irrigation of public and private recreation fields, including those operated by schools, colleges, universities and athletic associations, before 9:00 A.M. and after 5:00 P.M.,
h) for irrigation of publicly-funded shade trees and trees in the public right-of-way; or
i) to establish a new lawn as necessary to stabilize soil in response to new construction or following the repair or replacement of a Title 5 system.
E. Enforcement of Penalties: Any person who violates any provision of this Section 13.08.090 shall be liable to the City in the amounts listed below: 1 st violation: Warning, 2 nd violation: $100, 3rd violation: $200, 4th and subsequent violations: $300. Each day of violation shall constitute a separate offense.
a) Violation— Criminal Penalty. Any person who violates any provision of this Section 13.08.090 may be subject to a fine not exceeding three hundred dollars, and each day's violation shall constitute a separate offense. For purposes of this section, the enforcing officers shall be employees of the Water Department designated by the City Manager or if designated, the Managing Director of the Water Department, Police Officers, Animal Control Officers and the Director of the Animal Commission.
b) Violation—Noncriminal disposition.
Whoever violates any provision of this Section 13.08.090 may be penalized by a noncriminal disposition as provided in G. L. c. 40, §21D. Each day of violation shall constitute a separate offense. The enforcing officers shall be employees of the Water Department designated by the City Manager or if designated, the Managing Director of the Water Department, Police Officers, Animal Control Officers and the Director of the Animal Commission. The penalty for each violation shall not exceed three hundred dollars.