(a)
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 provisions of this plan, or an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the city administrator, or his/her designee, in accordance with provisions of this plan.
(b)
Any person who violates this plan is guilty of a misdemeanor. 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, shall, upon due notice to the customer, be authorized to discontinue water service to the premises where the violations occur. Services discontinued under such circumstances shall be restored only upon payment of reconnection charge, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the director 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.
(c)
Any person, including a person classified as a water customer of the city, in apparent control of the property where the 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 reputable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show he/she did not commit the violation. Parents shall be presumed to be responsible for violations of their minor children and proof that a violation, committed by a child, occurred on the property within the parent’s control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he/she proves that he/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.
(d)
Any employee of the city, police officer, or other employee designated by the director, may issue a citation to a person he/she reasonable believes to be in violation of this plan. 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 him/her to appear in the municipal court, on the date shown on the citation.
(Ordinance 006-2015 adopted 2/17/15)