Section 114-230. - Enforcement
No person shall knowingly or intentionally allow the use of water from the city for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this plan, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the director of public works in accordance with the provisions of this plan.
Violation of Plan
Any person who violates this plan is guilty of a misdemeanor which, upon conviction, shall be punishable by a fine of $500. Each day that one or more of the provisions in this plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this plan, the director of public works shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occurred.
Services discontinued under such circumstances shall be restored only upon payment of a re-connection charge, hereby established at $20, and any costs incurred by the city in discontinuing service. In addition, suitable assurances must be given to the director of public works that the same action will not be repeated while the plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.
Who is Consider the Violator?
Any person, including a person classified as a water customer of the city, in apparent control of the property where a violation occurs or originates, shall be presumed to be the violator, and proof that the violation occurred on the person's property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he or she did not commit the violation.
A parent shall be presumed to be responsible for violations of that person's minor children and proof that a violation, committed by a child, occurred on property within the parent's control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused upon proving that he or she had previously directed the child not to use the water as it was used in violation of this plan and that the parent could not have reasonably known of the violation.
Any water department employee of the city, police officer, or other appointed employee designated by the director of public works, may issue a citation to a person that employee reasonably believes to be in violation of this article. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct the alleged violator to appear in the municipal court on the date shown on the citation for which the date shall not be less than three days nor more than five days from the date the citation was issued.
The alleged violator shall be served a copy of the citation. Service of the citation shall be complete upon delivery of the citation to the alleged violator, to an agent or employee of a violator, or to a person over 14 years of age who is a member of the violator's immediate family or is a resident of the violator's residence.
The alleged violator shall appear in municipal court to enter a plea of guilty or not guilty for the violation of this plan. If the alleged violator fails to appear in municipal court, a warrant for that person's arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases shall be expedited and given preferential setting in municipal court before all other cases.
(Ordinance Number 2002-26, § 2, 4-23-2002)