(A) Any person, business, entity or customer violating any penal provisions of this chapter including but not limited to §§ 50.002(D) and (G), 50.046(F), 50.049(C), 50.052, 50.053(B), 50.055(B), and/or 50.061(A) shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed $2,000. Each such violation and each day such violation continues shall constitute a separate and distinct violation. A person is also criminally responsible for a violation of this chapter and is also subject to the penal provisions of this chapter if such person either:
(1) Commits or assists in the commission of a violation; or
(2) Is the customer, owner, tenant, occupant, permittee or other person in control of the premises deemed to be the source of the violation.
(B) If a business or entity is alleged to be in violation of any penal provision of this chapter and is alleged to have “knowingly” committed a penal act, omission or offense as a part of such violation, the requirement of “knowingly”’ is established if any person employed by or acting on behalf of such business or entity either committed, participated in, permitted, or authorized the violation is shown to have knowledge or information either prior to or during such violation, that the act, omission or offense in question was a violation of a penal provision of this chapter. Nothing herein shall be deemed to limit, abridge or restrict the enforcement of any term or provision of this chapter by civil court action as provided by state or federal law. Nothing in this chapter shall limit, abridge or restrict the rights and remedies of the city to collect damages and other amounts allowed by law and to seek other relief, at law or in equity, against any person, business or entity for replacement, repair maintenance and other damages caused, in whole or in part, by such person, business or entity to the city’s water and/or wastewater system.
(Ord. O-16-821, passed 7-28-2016)