All persons shall exercise reasonable care to protect the town water system from damage. In addition to any other provisions of the town code, should any person or entity damage or destroy any waterline, tank, meter box, valve, valve box, fire hydrant, water meter or any accessories thereto, or any other portion of the town water system, whether intentionally or negligently, or due to failure to exercise reasonable care, said person or entity shall also be liable to the town for the full cost of repairing and/or replacing said damaged property, as well as all incidental expenses incurred, including, by way of example, excavating and restoration expenses, labor and materials, lost water, equipment and the like. Unless the person or entity causing said damage is identified by the town, the owner of the property where the damaged or destroyed property is located shall be liable for same unless the town determines, by clear and convincing evidence, that said owner was not the person or entity causing said damage or destruction.
(Ord. passed 1-14-2014)