(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 mayor, or his designee, in accordance with provisions of this plan.
(b) Any person who violates the stage 2 or stage 3 water restrictions of this plan is
guilty of a misdemeanor and, after one warning written notice, upon conviction of
a second violation, shall be assessed a fine of not less than $100.00 and not more
than $1,000.00. Any person who violates the stage 4 water restrictions of this plan
is guilty of a misdemeanor and will be provided no warning notice and shall, upon
conviction, be assessed a fine of not less than $100.00 and not more than $1,000.00.
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 mayor or (designated official) 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 $50.00, and any other costs incurred
by the city in discontinuing service. In addition, suitable assurance must be given
to the mayor or (designated official) that the same action shall not be repeated while
the water restrictions are 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
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
proves that he 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, designated by the mayor, may issue a notice to a person
he reasonably believes to be in violation of this article. The notice shall be prepared
in duplicate and shall contain the name and address of the alleged violator, if known
and the offense charged. The alleged violator shall be served a copy of the notice.
Service of the notice shall be complete upon delivery of the notice to the alleged
violator, to an agent or employee of a violator, or to a person over 17 years of age
who is a member of the violator's immediate family or is a resident of the violator's
residence. The employee who issues the notice of violation shall also file a complaint
in municipal court. These cases shall be expedited and given preferential setting
in municipal court before all other cases.
