(A) 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 Plan.
(B) Any person who violates this Plan is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50 and not more than $100. Each day that one or more of the provision in this Plan is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of this Plan, the Manager shall, upon due notice to the customer, be authorized to discontinue water service to the premises where such violations occur. Services discontinued under such circumstances shall be restored only upon payment of are-connection charge, established at $75, and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the Manager that the same action shall not be repeated while the Plan is in effect. Compliance with this Plan may also be sought through injnnctive relief in the district court.
(C) 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 or she 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 parents' control shall constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if he or she had previously directed the child not to use the water as it was used in violation of this Plan and that the parent could not have reasonably known of the violation.
(D) Any city police officer, or other city employee designated by the Manager, may issue a citation to a person he or she reasonably believes to be in violation of this subchapter. 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 or her to appear in the Mount Pleasant Municipal Court on the date shown on the citation. That appearance date 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 or the violator's residence. The alleged violator shall appear in Mount Pleasant Municipal Court to enter a plea of guilty or not guilty for the violation of this Plan. If the alleged violator fails to appear in Mount Pleasant Municipal Court, a warrant for his or her 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 Mount Pleasant Municipal Court before all other cases.
(Ord. 2001-3, passed 4-17-01; Am. Ord. 2009-4, passed 4-7-09; Am. Ord. 2014-1, passed 3-17-14; Am. Ord. 2019-4, passed 6-4-19)