The Seabrook Water Restriction Ordinance
I have attached the Seabrook Water Restriction ordinance passed by the Board of Selectmen on July 7, 2016. (The text is also below)
The ordinance was necessitated by severe drought conditions, as well as by a winter that did not fully replenish our well system. If you have any questions or concerns please call the Seabrook Water Department at 603-474-9921 or the Town Managers office at 603-474-3252.
This post has been amended on Monday July 11, 2016, as the Board of Selectmen, in Special Session, further amended the water restriction ordinance by allowing the full watering of gardens on Tuesday, Thursday, Saturday and Sunday, between the hours of 7:30 p.m. and 8:30 p.m. The Board also specifically excluded the non-commercial washing of cars. Those changes are reflected below.
Emergency Water Ban Ordinance
Notice is hereby given that the Seabrook Board of Selectmen, in their capacity as the Board of Water Commissioners, intends to formally adopt the following emergency ordinance regulating the excessive use of water at its meeting on July 7,2016 pursuant to the powers granted in Seabrook’s Municipal Water System Ordinance (the “Ordinance”), the Seabrook Home Rule Charter and the Revised Statutes of the State of New Hampshire, as amended:
WHEREAS, there exists in the Town of Seabrook (the “Town”) drought conditions which have created a critical situation for the water systems ability to meet peak summer demand; and
WHEREAS, an adequate supply of water is necessary for the public health and safety; and
WHEREAS, the Town’s Board of Water Commissioners are charged with promoting the implementation of prudent and effective water conservation measures, protecting the health and safety of consumers, protecting the Town’s source waters and safeguarding the public water supply; and
WHEREAS, under the current drought conditions, restrictions on the use of Town water for secondary purposes are necessary to protect the public health, safety and welfare;
THEREFORE, be it enacted pursuant to Section 6:5 of the Ordinance “Curtailment of Use”:
PROHIBITION OF THE EXCESSIVE USE OF WATER
1. The use of Town water in excess of current uses and amounts by persons, firms, or corporations is hereby prohibited, and the use of Town water outside of the primary domicile or place of business other than for drinking, cooking, and hygienic reasons is prohibited. Specifically prohibited is the filling of swimming or wading pools, the non-commercial washing of cars, the watering of lawns, trees, shrubbery, or gardens (except gardens operated for commercial purposes) and the utilization of irrigation systems in that use. The ordinance allows, as an exception, the use of “water buckets” only to provide water for non-commercial gardens, except on Tuesday, Thursday, Saturday and Sunday, when normal watering will be allowed (for vegetable gardens only) between the hours of 7:30 p.m. through 8:30 p.m. Exception is also made for water used in the maintenance of livestock.
2. Upon notification of a violation of this ordinance the Seabrook Water Department shall have the authority to investigate the alleged violation and reserves the authority to terminate water service, pursuant to Sections 6.7 and 6.8 of the Ordinance, in the event that a violation is found to have occurred. Said water supply will remain turned off until the Water Department or Board of Water Commissioners are satisfied that the violation will not continue or recur.
3. The Board of Water Commissioners reserves the right to pursue additional legal action against violators of this ordinance to include injunctive relief, a cease and desist order, civil penalties, and criminal prosecution pursuant to Sections 12.10 – 12.12 of the Ordinance, where it is deemed appropriate.
4. There shall be, in addition to any other penalties provided by law a fine of One Hundred Dollars ($100) for each separate violation of this ordinance.
5. This ordinance shall be effective until October 1, 2016 or as may be determined by the Board of Water Commissioners in consultation with the Water Superintendent.
6. If any provisions of this ordinance or any portion of such provision or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the remainder of such provision and the application thereof to other persons and circumstances shall not be affected thereby.