(A)   Adoption of water conservation and drought contingency plan. The city water conservation and drought contingency plan and attachments thereto (plan) which are attached to the ordinance codified herein are incorporated herein by reference and is hereby adopted.
   (B)   Violation.
      (1)   A person commits an offense if, after an agent of the city has notified citizens of any of Level II through Level IV water restrictions in the manner and under the conditions set forth in the plan, the person performs an act prohibited by the plan or fails to perform an act required by the plan after issuance of:
         (a)   A documented verbal warning or written notice of warning following a first occurrence of non-compliance with the requirements of the plan; and
         (b)   A written notification of violation following a second occurrence of non-compliance with the requirements of the plan.
      (2)   Each instance of a violation of the plan following the warning and notification described in divisions (B)(1)(a) and (b) above.
   (C)   Presumption of violation.
      (1)   A person in whose name a water service account is held is presumed to be responsible for a violation of this chapter that occurs at the water service account location.
      (2)   In a prosecution of an offense, the issuance of a documented verbal warning, written notice of warning, and written notification of violation shall each be presumed to establish a non-compliance for the purpose of determining whether an offense constitutes a third or greater occurrence of non-compliance.
   (D)   Conflict. In the event of a conflict in the provisions of the plan and of Ordinance 100622, the provisions of Ordinance 100622 shall supersede the conflicting provision(s) of the plan and shall be enforceable.
   (E)   Effective date. This subchapter shall become effective on the later of when the publication requirements of Section 3 of the ordinance codified herein have been satisfied or on 7-22-2010.
(Ord. passed - -2005; Ord. 100622, passed 6-22-2010; Ord. 110621, passed 6-21-2011; Ord. 111101-A, passed 11-1-2011; Ord. 121023, passed 10-23-2012; Ord. 140204, passed 2-4-2014; Ord. 140617, passed 6-17-2014)  Penalty, see § 50.99