(A) Authority To Regulate: The mayor and city council shall have the right to prescribe watering hours and days as deemed necessary for the conservation of water, by resolution of the city council. Notice of any change in watering hours and days shall be provided to all users either by publication in the official newspaper of the city or by written notice personally delivered or mailed to the user of said water services.
(B) Applicability, Irrigation Water: This section is intended and shall regulate solely the use of water for lawns, ornamental shrubs, flowerbeds, gardens, pastures or other similar uses and is not intended to apply to uses of water inside residential homes or commercial buildings. This section shall not affect or apply to indoor residential uses, culinary or bathing purposes.
(C) Livestock: The watering of livestock from the city water supply system shall be allowed. However, all troughs or other devices used for the watering of livestock shall contain such devices as floats, backflow preventers or other similar devices to prevent contamination and the continual running of water into the troughs or other watering devices, so that when the trough or other device reaches a maximum capacity, said water will automatically shut off.
(D) Penalty:
1. Any person violating this section shall pay a fine of twenty five dollars ($25.00) for the first violation of this section, and fifty dollars ($50.00) for the second violation occurring within any one year, and fifty dollars ($50.00) for each violation thereafter within said one year period.
2. Payment of said fine shall be made to the city clerk at the city hall located at 108 East Center Street, Grace, Idaho, within five (5) days after service of notice of said water violation to the person or entity violating this section. Notice of said violation shall be deemed to have been effectively given when served by any representative of the city upon the owner or occupant of the property on which the water violation has occurred, or if said person or entity cannot be located at said address, by the city mailing notice of said watering violation to the last known address of the person or entity violating this section by placing a copy of the notice in the United States mail, postage prepaid. Notice shall be deemed to have been given in that case when said mail is deposited in a depository of the United States postal service.
3. Any person or entity who has violated this section but has failed to pay the fine as set forth within this subsection (D) within the required time period shall be guilty of a misdemeanor for having violated the terms and conditions of this section and shall be issued a citation by a peace officer of the Caribou County sheriff's office for said violation, and said citation shall be filed with the 6th judicial district court, magistrate's division, Caribou County, Idaho, and said person shall be prosecuted upon said charge, and shall be fined in accordance with the provisions of this subsection (D) plus any court costs required to be imposed by the court.
4. The imposition of fines or citations for violation of this section shall not preclude the city from exercising any other penal or civil remedy that it may have as against the violator, including, but not limited to, the termination of water service for violation. (Ord. 2013-1, 6-19-2013)