A. Control Defined: The owner, operator, lessee, tenant and any other person having dominion or control of the real property from which irrigation water sprays, sprinkles or otherwise flows shall be presumed to control such water.
B. Water On Roadway Prohibited: Any person having control of irrigation water who shall cause, suffer, or allow any such water to spray, sprinkle, or otherwise flow upon the traveled portion of any public highway, road or street in any manner other than that authorized by law shall be guilty of a misdemeanor.
C. Penalties:
1. Every person found guilty of a violation of this section shall be subject to punishment by a fine in an amount not to exceed three hundred dollars ($300.00) and imprisonment in the county jail for a period not to exceed six (6) months, or both such fine and imprisonment.
2. Every person, upon conviction for a second or subsequent violation of this section occurring within one year, shall be punished by a mandatory minimum fine of three hundred dollars ($300.00) and shall be further subject to imprisonment in the county jail for a period not to exceed six (6) months, or both such fine and imprisonment. (Ord. 92-3, 5-22-1992)