(a) 
Introduction and objectives.
The purpose of this drought contingency and emergency water management plan is as follows:
(1) 
To conserve the available water supply in time of drought and emergency.
(2) 
To maintain supplies for domestic water use, sanitation, and fire protection.
(3) 
To protect and preserve public health, welfare and safety.
(4) 
To minimize the adverse impacts of water supply shortages.
(5) 
To minimize the adverse impacts of emergency water supply conditions.
(b) 
Public education and involvement.
(1) 
At any time that the drought contingency plan is activated or stage changes, customer will notify local media of the issues, the current response stage, and the specific actions required of the public. The information will also be published in the city's website. Bill inserts will also be used as appropriate.
(2) 
Forest Hill will inform and educate the public about the drought contingency/emergency water management plan by the following:
(A) 
Preparing fact sheets describing the plan and make these available online and at various city sites, in the utility billing department, and in city hall.
(B) 
Posting the plan on the city website.
(C) 
Notifying local organizations, schools, and civic groups that staff are available to make presentations on the plan.
(1976 Code, sec. 32-23; 1998 Code, sec. 130-23; Ordinance 200558, sec. 1, adopted 6/7/05; 2013 Code, sec. 60-23; Ordinance 2022-16 adopted 6/21/2022)
For the purposes of this plan, the following definitions shall apply:
Conservation.
Those practices, techniques, and technologies that reduce the consumption of water, reduce the loss or waste of water, improve the efficiency in the use of water or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses
Customer.
Any person, company, or organization using water supplied by City of Forest Hill.
Domestic water use.
Water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution.
Even-numbered address.
Street addresses, box numbers, or rural postal route numbers ending in 0, 2, 4, 6, or 8 and locations without addresses.
Industrial water use.
The use of water in processes designed to convert materials of lower value into forms having greater usability and value.
Landscape watering use.
Water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, and rights-of-way and medians.
Nonessential water use.
Water uses that are not essential nor required for the protection of public, health, safety, and welfare, including:
(1) 
Irrigation of landscape areas, including parks, athletic fields, and golf courses, except otherwise provided under this plan;
(2) 
Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle;
(3) 
Use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced areas;
(4) 
Use of water to wash down buildings or structures for purposes other than immediate fire protection;
(5) 
Flushing gutters or permitting water to run or accumulate in any gutter or street;
(6) 
Use of water to fill, refill, or add to any indoor or outdoor swimming pools or Jacuzzi-type pools;
(7) 
Use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support aquatic life;
(8) 
Failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak(s); and
(9) 
Use of water from hydrants for construction purposes or any other purposes other than firefighting.
Odd-numbered address.
Street addresses, box numbers, or rural postal route numbers ending in 1, 3, 5, 7, or 9.
(Ordinance 2022-16 adopted 6/21/2022)
(a) 
Applicability.
(1) 
The provisions of the plan shall apply to all persons, customers, and property utilizing potable water provided by the city. The terms "person" and "customer" as used in the plan include individuals, corporations, partnerships, associations, and all other legal entities. The plan does not apply to locations using treated wastewater effluent private wells or possessing their own water right to the Trinity River; however any, body of water or other water source that is supplemented, or has the ability to supplement supply with potable water shall adhere to the provision of this plan.
(2) 
The plan may be applied to the entire city or geographic portions of the city as necessary. If the plan is applied only to a limited sector the boundaries will be defined in terms of roadways, creeks and other easily distinguishable features, such as city limits.
(b) 
Initiation and termination of drought and emergency response stages.
(1) 
The city manager or his/her official designee may order the implementation of a drought response or water emergency stage when one or more of the trigger conditions for the stage is met. The following actions will occur when a stage is initiated:
(A) 
The public will be notified through local media and the city website.
(B) 
The city will be notified by telephone and with a follow-up letter, e-mail, or fax from the City of Fort Worth that provides details of the reasons for initiation of the drought or water emergency stage.
(C) 
The city's water department will notify the executive director of the TCEQ within 5 business days when mandatory provisions of the plan are activated.
(2) 
Stages imposed by Tarrant Regional Water District (TRWD) action must be initiated by the city.
(3) 
For other trigger conditions, the city manager or his/her official designee may decide not to order the implementation of a drought response or water emergency stage even though one or more of the trigger criteria for the stage are met. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, the anticipation of replenished water supplies, or the anticipation that additional factors will become available to meet needs. The reason for this decision should be documented.
(c) 
Termination of a drought stage.
(1) 
The city manager or his/her designee may order the termination of a drought response or water emergency stage when the conditions for termination are met. The following actions will be taken when a drought stage is terminated:
(A) 
The public will be notified through local media, and through the city's website.
(B) 
If any mandatory provisions of the drought contingency/emergency water management plan that have been activated are terminated, the city will notify the executive director of the TCEQ within five business days.
(2) 
The city manager or his/her official designee may decide not to order the termination of a drought response or water emergency stage even though the conditions for termination of the stage are met. The city manager or his designee may choose to implement a phased out approach when existing various stages to protect the integrity of the system. Factors which could influence such a decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of potential changed conditions that warrant the continuation of drought stage. The reason for this decision should be documented.
(Ordinance 2022-16 adopted 6/21/2022)
(a) 
Trigger conditions for stage 1 - water watch.
Trigger conditions for stage 1 - water watch includes:
(1) 
Fort Worth's water supply system is unable to deliver water due to the failure or damage of major water systems components and has affected the City of Forest Hill.
(2) 
TRWD initiated stage 1- water watch for one or more of the following reasons:
(A) 
Total raw water supply in TRWD western and eastern division reservoirs drops below 75% of conservation storage.
(B) 
Water demand for all or part of the TRWD delivery system exceeds delivery capacity because of delivery capacity is inadequate.
(C) 
Water demand is projected to approach the limit of TRWD's permitted supply.
(D) 
TRWD supply source becomes contaminated.
(E) 
TRWD water supply system is unable to deliver water due to the failure or damage of major water system components.
(b) 
Terminating conditions for stage 1 - water watch.
Stage 1 will terminate when the total combined raw water supply in TRWD western and eastern division reservoirs exceeds 95% of conservation storage capacity or remains at or above 85% for 90 consecutive days, whichever occurs first.
(c) 
Goal for use reduction for stage 1.
The goal for water use reduction under stage 1 is five percent. If circumstances warrant or if required by TRWD, the city manager or his/her official designee can set a goal for greater water use reduction.
(d) 
Actions available for stage 1.
The city manager or his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. The city manager or his/her official designee must implement any action(s) required by the Tarrant Regional Water District.
(1) 
All water users.
Initiate mandatory restrictions to prohibit nonessential water use as follows:
(A) 
Discourage hosting of paved areas, such as sidewalk, driveways, parking lot, tennis courts, patios, or other impervious surfaces except to alleviate an immediate health of safety hazard. This may include premises with raw or processed food, pharmaceutical or vaccine processing, storage or vending establishments including restaurants and grocery stores may be washed to the extent necessary for sanitary purposes. These areas may also include:
(i) 
Trash and dumpster areas.
(ii) 
Areas around fuel pumps.
(iii) 
Storage front cleaning of areas with accumulated bird droppings, feathers and debris.
(iv) 
Localized spot cleaning of parking areas to remove oil, grease buildup that may pose a health and safety issue.
(B) 
Discourage hosing of buildings or other structures for purposes other than fire protection or surface preparation prior to painting.
(C) 
Prohibit using water in such a manner as to allow runoff or other water, including:
(i) 
Failure to repair a controllable leak, including a broken sprinkler head, a leaking valve, broken pipes or a leaking faucet/toilet.
(ii) 
Operating a permanently installed irrigation system with:
a. 
A broken head;
b. 
A head that is out of adjustment and the arc of the spray head is over a street or parking lot; or
c. 
A head that is misting because of high water pressure.
(iii) 
During irrigation, allowing water to run off a property and for a stream of water in a street for a distance of 50 feet or greater or to pond in a street or parking lot to a depth greater than one-quarter of an inch.
(iv) 
Allowing or causing an irrigation system or other lawn watering device to operate during any form of precipitation or when temperatures are at or below 32 degrees Fahrenheit.
(D) 
Prohibit outdoor watering with sprinklers or irrigation systems between 10:00 a.m. and 6:00 p.m.
(E) 
Limit landscape watering with sprinklers or irrigation system at each service address to a twice per week schedule as outlined below. This includes landscape water of parks, golf courses, and sports fields.
(i) 
Residential addresses ending in odd numbers (1, 3, 5, 7, 9) may water on Sunday and Thursday.
(ii) 
Residential addresses ending in an even number (0, 2, 4, 6, or 8) may water on Wednesdays, and Saturdays.
(iii) 
All nonresidential locations (apartment complexes, businesses, industries, parks, medians, etc.) may water on Tuesdays and Fridays.
(iv) 
Exceptions:
a. 
Lawns and landscaping may be watered on any day, at any time, by hand-held hose, drip irrigation, a soaker hose or tree bubbler. (The intent of this measure is to allow for the protection of structural foundations, trees, and other high value landscape materials.)
b. 
Water use necessary for the repair of an irrigation system, plumbing line, fountain, etc. in the presence of the person making the repair.
c. 
Outdoor water at service addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the water director, if the water director determines that a property cannot be completely irrigated with an average of three-quarters of an inch of water in a single day, and that the property should be divided into sections to be irrigated on different days. If approved, no station will be watered more than twice per week.
d. 
Establishing new turf is discouraged. If hydro mulch, grass sod, or grass seed is installed for the purpose of establishing a new lawn, there are no watering restrictions for the first 30 days while it is being established. After that the watering restrictions set forth in this stage apply (this does not include over seeding with rye or seasonal grasses, since turf already exists.)
e. 
Golf courses may water greens and tee boxes a necessary, however water must be done before 10:00 a.m. and after 6:00 p.m. encouraged to reduce water use by five percent.
f. 
Skinned areas of sports fields may be watered as needed for dust control.
g. 
Water of athletic fields (fields only, does not include surrounding landscaped areas) used for organized sports practice, competition, or exhibition events may occur as necessary to protect the health and safety of the players, staff, or officials present for athletic events, encouraged to reduce water use by five percent.
h. 
Public areas that are open to the public at-large and have a high-impact from frequent use may be allowed additional watering, with a variance granted by the water director, if it is deemed to be beneficial to serve and protect the community amenity. Examples may include but are not limited to: outdoor amphitheaters, demonstration gardens, public area exhibitions, outdoor learning areas etc.
(F) 
All users are encourage to use native and adapted drought tolerant plants in landscaping.
(G) 
Washing of any motor vehicle, motorbike, boat, trailer, or other vehicle shall be limited to the use of a hand-held bucket or a hand-held hose equipped with positive-pressure shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the premises of a commercial carwash or commercial service station. Companies with an automated on-site vehicle washing facility may wash its vehicles at any time. Further, such washing may be exempt from these requirements if the health, safety, and welfare of the public are contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables.
(H) 
Discourage the filling, draining, or refilling of swimming pools, wading pool, hot tubs and Jacuzzi-type pools except to maintain adequate water levels for structural integrity, proper operation and maintenance, and/or to alleviate an issue that poses a public safety risk
(2) 
City and local governments.
In addition to the actions listed above:
(A) 
Review conditions and problems that caused stage 1. Take corrective action.
(B) 
Increase public education efforts on ways to reduce water use.
(C) 
Increase enforcement efforts.
(D) 
Intensify leak detection and repair efforts.
(E) 
Audit all city and local government irrigation systems to ensure proper condition setting, and operation.
(F) 
Identify and encourage voluntary reduction measures by high-volume water users through water use audits.
(G) 
Reduce nonessential water use. As used herein nonessential water uses are those that do not have any health or safety impact and are not needed to meet the core function of the agency.
(3) 
Commercial and industrial.
(A) 
All actions listed above for all water users apply to commercial and industrial users.
(B) 
Hotels, and restaurants, are encouraged to serve drinking water to patrons on an "on demand" basis.
(C) 
Hotels are encouraged to implement laundry conservation measures by encouraging patrons to reuse linens and towels.
(D) 
Carwash facilities must keep equipment in good working order, which should include regular inspections to be sure there are no leaks, broken or misdirected nozzles, and that all equipment is operating efficiently.
(E) 
All commercial and industrial customers are encouraged to audit irrigation systems.
(Ordinance 2022-16 adopted 6/21/2022)
(a) 
Trigger conditions for stage 2 - water warning.
(1) 
Water demand reaches or exceeds 95% of reliable delivery capacity for three consecutive days. The delivery capacity could be citywide or in a specified portion of the system.
(2) 
Contamination of the water supply source(s) or water supply system.
(3) 
Demand for all or part of the delivery system equals or exceeds delivery capacity because deliver capacity is inadequate from the City of Fort Worth.
(4) 
Water supply system is unable to deliver water due to the failure or damage of major water system components.
(5) 
TRWD initiated stage 2 for one or more of the following reasons:
(A) 
Water demand reaches or exceeds 95% of reliable delivery capacity for three consecutive days. The delivery capacity could be citywide or in a specified portion of the system.
(B) 
Contamination of the water supply source(s) or water supply system.
(C) 
Demand for all or part of the delivery system equals or exceeds delivery capacity because deliver capacity is inadequate from the City of Fort Worth.
(D) 
Water supply system is unable to deliver water due to the failure or damage of major water system components.
(E) 
Total raw water supply in TRWD western and eastern division reservoirs drops below 60% (40% depleted) of conservation storage.
(F) 
Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate.
(G) 
Water demand is projected to approach the limit of TRWD's permitted supply.
(H) 
TRWD supply source becomes contaminated.
(I) 
TRWD water supply system is unable to deliver water due to failure or damage of major water system components.
(J) 
The TRWD general manager, with the concurrence of the TRWD board of directors, finds that conditions warrant the declaration of a stage 2 drought.
(b) 
Terminating conditions for stage 2 - water warning.
Stage will terminate when the total combined raw water supply in TRWD western and eastern division reservoir exceeds 75% of conservation storage capacity or remains at or above 70% for 30 consecutive days.
(c) 
Goal for use reduction for stage 2.
The goal for water reduction under stage 2 is to decrease use by 10%. If circumstances warrant or if required by TRWD, the city manager or his/her official designee can set a goal for greater water use reduction.
(d) 
Actions available for stage 2.
[The city manager or his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. The city manager or his/her official designee must implement any action(s) required by the Tarrant Regional Water District.]
(1) 
All water users.
(A) 
Limit landscape watering with sprinklers or irrigation systems to a once per week schedule at each service address as determined by the water director. This includes landscape water at parks, golf courses, and sports fields.
(i) 
Exceptions:
a. 
Lawns and landscaping may be watered on any day, at any time by hand-held hose, drip irrigation, a soaker hose or tree bubbler. (The intent of this measure is to allow for the protection of structural foundations, trees, and other high value landscape materials.)
b. 
Outdoor watering at service addresses with large multi-station irrigation systems may take place in accordance with a variance granted by the director of utilities, if the director determines that a property cannot be completely irrigated with an average of three-quarter of an inch of water in a single day, and that the property should be divided into sections to be irrigated on separate days.
c. 
All users are encouraged to wait until the current drought or emergency situation has passed before establishing new landscaping and turf. Variances granted for establishing new turf grass or landscaping will be for a maximum of 30 days from the date of approval. After that, the water restrictions set forth in this stage apply. (This does not include over seeding with rye since turf already exists.)
(B) 
Discourage the operation of ornamental fountains or ponds that use potable water except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system.
(C) 
Discourage the filling, draining, or refilling of swimming pools, wading pools, hot tubs and Jacuzzi type pools except to maintain adequate water levels for structural integrity, proper operation and maintenance, and/or to alleviate an issue that poses a public safety risk.
(D) 
Encourage the use of cover for all types of pools, hot tubs, and Jacuzzi type pools when not in use.
(2) 
City and local governments.
(A) 
Review conditions or problems that cause stage 2. Take corrective action.
(B) 
Increase frequency of media release on water supply conditions.
(C) 
Further accelerate public education efforts on ways to reduce water use.
(D) 
Eliminate nonessential water use. As used herein nonessential water uses are those that do not have any health or safety impact and are not needed to meet the core function of the agency.
(E) 
Prohibit wet street sweeping.
(F) 
The water director or his/her designee of the City of Fort Worth will notify the city wholesale customers, of actions being taken and require them to implement the same stage and measures. Such action is in accordance with section 2.5 of the uniform wholesale water contract per the contract wholesale customers are required to institute and apply the same.
(3) 
Commercial or industrial.
(A) 
All actions listed above for all water users apply to commercial and industrial users.
(B) 
Use of water from fire hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare requires a variance issued by the water director. Fire hydrant use may be limited to only designated hydrants. Upon declaration of this drought stage, all holders or applicants of a water fire hydrant meter agreement are required to apply for a variance as set forth in this plan. If conditions allow, as determined by the water director, the use of water from hydrants may continue until the water director or his/her designee issues a determination on the petition for variance. If conditions do not allow, the water director may require all fire hydrant meters be immediately returned from the field, pending determination of each petition for variance.
(Ordinance 2022-16 adopted 6/21/2022)
(a) 
Trigger conditions for stage 3 - emergency water use.
(1) 
Water demand has reached or exceeds 98% of reliable delivery capacity for one day. The delivery capacity could be citywide or in a specified portion of the system.
(2) 
Contamination of the water supply source(s) or water supply system.
(3) 
Demand for all or part of the delivery system exceeds delivery capacity because delivery capacity is inadequate.
(4) 
Water supply system in unable to deliver water due to the failure or damage of major water system components.
(5) 
TRWD has initiated stage 3 - emergency water use, which may also be initiated by one or more of the following:
(A) 
Water demand for all or part of the TRWD delivery system exceeds delivery capacity because delivery capacity is inadequate.
(B) 
Water demand is projected to approach or exceed the limit of TRWD's permitted supply.
(b) 
Terminating conditions for stage 3 - emergency water use.
Stage 3 will terminate when the total combined raw water supply in TRWD western and eastern division reservoirs exceeds 60% of conservation storage capacity or remains at or above 55% for 30 consecutive days, whichever occurs first.
(c) 
Goals for use reduction in stage 3.
The goal for water use reduction under stage 3, emergency water use, is to decrease use by 20%. If circumstances warrant or if required by TRWD, the city manager or his/her official designee can set a goal for a greater water use reduction.
(d) 
Actions available for stage 3.
The city manager or his/her official designee may order the implementation of any of the actions listed below, as deemed necessary. The city manager or his/her official designee must implement any action(s) required by the Tarrant Regional Water District.
(1) 
Continue or initiate any actions available under stages 1 and 2.
(2) 
All water users.
(A) 
Prohibit landscape watering, including at parks, golf courses, and sports fields.
(i) 
Exceptions:
a. 
Water with hand-held hose, soaker hose or drip irrigation system may occur any day and any time. (The intent of this measure is to allow for the protection of structural foundations, trees, and other high value landscape materials.)
b. 
Golf course greens only may be watered by hand-held hose as need to keep them alive. Watering of athletic fields, (fields only, does not include surrounding landscaped areas) used for organized sports practice, competition, or exhibition events may occur as necessary to protect the health and safety of the players, staff, or officials present for athletic events may be allowed to water by variance. A water management plan must be submitted to the water director detailing how each area will comply with stage 3 drought measures.
(B) 
Prohibit the draining, filling or refilling of swimming pools, wading pools and Jacuzzi-type pools. Existing private and public pools may add water to maintain pool levels; however they may not be refilled using automatic fill valves.
(C) 
Prohibit hosing of buildings or other structures for the purposes other than fire protection or surface preparation prior to painting with high-pressure equipment. Must be performed by a professional power washing service utilizing high efficiency equipment and a vacuum recovery system where possible.
(3) 
City and local governments.
In addition to actions listed above:
(A) 
Continue or initiate any actions available under stages 1 and 2.
(B) 
Review conditions or problems that caused stage 3. Take corrective action.
(C) 
Implement viable alternative water supply strategies.
(D) 
Increase frequency of media releases explaining emergency situation.
(E) 
Reduce city and local government water use to maximum extent possible.
(F) 
Prohibit the permitting of new swimming pools, Jacuzzi-type pools, spas, ornamental ponds, and fountain construction. Pools already permitted and under construction may be completely filled with water.
(G) 
Institute a mandated reduction in deliveries to all wholesale customers such a reduction will be distributed as required by the Texas Water Code 11.039.
(H) 
If TRWD has imposed a reduction in water available to customer, impose the same percent reduction on wholesale customer.
(I) 
The water director will notify the city's wholesale customers, of actions being taken and require them to implement the same stage and measures. Such action is in accordance with section 2.5 of the uniform wholesale water contract. Per the contract, wholesale customers are required to institute and apply the same rationing, conservation measures or restrictions to the use of the water by their customers for so long as any part of their total water supply is being furnished by the City of Fort Worth.
(4) 
Commercial and industrial.
(A) 
Stock at commercial plant nurseries may be watered only with a hand-held hose, hand-held water can, or drip irrigation system.
(B) 
Commercial and industrial water users required to reduce water use by a set percentage determined by the water director.
(C) 
Use of water from hydrants for any purpose other than firefighting related activities or other activities necessary to maintain public health, safety and welfare requires a special permit issued by the water director. Fire hydrant use may be limited to only designated hydrants.
(Ordinance 2022-16 adopted 6/21/2022)
(a) 
The water director or his/her official designee may grant temporary variances for existing water uses otherwise prohibited under the drought contingency plan if one or more of the following conditions are met:
(1) 
Failure to grant such a variance would cause emergency conditions adversely affecting health, sanitation, or fire safety for the public or the person requesting the variance.
(2) 
Compliance with this plan cannot be accomplished due to technical or other limitations.
(3) 
Alternative methods that achieve the same level of reduction in water use can be implemented.
(b) 
Variances shall be granted or denied at the discretion of the water director or his/her official designee. All petitions for variances should be in writing, using the forms provided and must include the following information:
(1) 
Name and address of the petitioner(s).
(2) 
Purpose of water use.
(3) 
Specific provisions from which relief is requested.
(4) 
Detailed statement of the adverse effect of the provision from which relief is requested.
(5) 
Description of the relief requested.
(Ordinance 2022-16 adopted 6/21/2022)
Mandatory water use restriction may be imposed in stages 1, 2, and 3. These mandatory water use restrictions will be enforced by warning and penalties as follows:
(1) 
On the first violation, customers will be given a written warning that they have violated the mandatory water use restriction.
(2) 
On the second and subsequent violations, citations may be issued to customers, with minimum and maximum fines established by ordinance.
(3) 
After three violations have occurred, the utility may cut off water service to the customer.
(Ordinance 2022-16 adopted 6/21/2022)
As required by Texas Commission on Environmental Quality Rules, the city will review this drought contingency plan at least every five years. The plan will be updated as appropriate based on new or updated information.
(Ordinance 2022-16 adopted 6/21/2022)
(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 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 city manager, or his/her designee, in accordance with provisions of this plan.
(b) 
Any person who violates this plan is guilty of a misdemeanor and, upon conviction shall be punished by a fine not to exceed the sum of five hundred dollars ($500.00). 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 city manager, or his/her designee, shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of a reconnection charge, hereby established at $20.00, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city manager or his/her designee that the same action shall 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 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/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 property within the parents' 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 city employee designated by the city manager, or his/her designee, may issue a citation to a person he/she reasonably believes to be in violation of this division. 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 city's municipal court on the date shown on the citation for which the date shall not be less than 3 days nor more than 5 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 the city's 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 his/her 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 the city's municipal court before all other cases.
(Ordinance 2022-16 adopted 6/21/2022)