Whoever violates any provision of this chapter for which another penalty is not specifically provided, shall be punished as set forth below:
(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 chapter, or in an amount in excess of that permitted by the drought response stage in effect at the time pursuant to action taken by the City Manager, in accordance with provisions of this plan.
(B) Any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction shall be punished by a fine of up to $2,000. Each day that one or more of the provisions is violated shall constitute a separate offense. If a person is convicted of three or more distinct violations of these sections, the City 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 a reconnection charge and any other costs incurred by the city in discontinuing service. In addition, suitable assurance must be given to the city that the same action shall not be repeated while the Drought Contingency Plan is in effect. Compliance with this chapter may also be sought through injunctive 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/she did not commit the violation.
(Ord. 15-1141, passed 4-16-2015
; Ord. 20-1251, passed 8-20-2020)