(a) Retail customers/public.
(1) 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 DCP, 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 city in accordance with provisions of this DCP.
(2) 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 parent's 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 DCP and that the parent could not have reasonably known of the violation.
(3) Any person who violates this DCP is guilty of a misdemeanor. If a person is convicted of three or more distinct violations of this DCP, the administrator 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 reconnection charge, established by city policy and any other costs incurred by the city in discontinuing service and all assessed fines. In addition, suitable assurance must be given to the city that the same action shall not be repeated while the DCP is in effect. Compliance with this DCP may also be sought through injunctive relief in the district court.
(4) The code enforcement official, utility supervisor, or police officer of the city designated by the city manager may issue a citation to a person he 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 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 DCP. If the alleged violator fails to appear in municipal court, a warrant for his 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.
(b) Wasting of water prohibited. It shall be unlawful for any person to permit, or to allow any other person under his control or authority to permit, water to run or accumulate in any gutter or street within the city. It shall be a defense to prosecution for such violation that the running or accumulating water is the result of an emergency such as extinguishing a fire or the result of a water leak that has been reported to the city within a reasonable time.
(c) Wholesale customers. During any period when pro rata allocation of available water supplies is in effect, the city shall discontinue water delivery when the allocated quantity of water is reached.
(Prior Code, § 16B-6; Ord. of 4-12-2011; Ord. of 7-18-2011)