§ 10.0. Enforcement.

The Irving City Code, article IV, subsection 41-14(f), shown in Appendix C, states the following:

"A person commits an offense if he or she knowingly makes, causes or permits a use of water supplied by the City, contrary to the measures implemented by the City Manager as prescribed in the Emergency Water Management Plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or permitted a use of water supplied by the City, contrary to the measures implemented if the mandatory measures have been formally ordered and: (1) The manner of use has been prohibited by the drought contingency plan; or (2) The amount of water use exceeds that allowed by the drought contingency plan."

(a)

No person shall knowingly or intentionally allow the use of water from the Irving Water Utilities for residential, commercial, industrial, agricultural, governmental, or any other purpose in a manner contrary to any provision of this plan, or in an amount in excess of that permitted by the response stage in effect at the time pursuant to action taken by Director or his/her designee, in accordance with provisions of this plan.

(b)

Any person who violates this plan is guilty of a misdemeanor. A warning may be issued for the first violation. Upon conviction of a misdemeanor violation of this plan, a person shall be punished by a fine of not less than one dollar ($1.00) and not more than two thousand dollars ($2,000). Each day that one or more of the provisions in this plan is violated shall constitute a separate offense. If a person is convicted of three (3) or more distinct violations of this plan, the director 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 current connection charge, and any other costs incurred by the Irving Water Utilities in discontinuing service. In addition, suitable assurance must be given to the director that the same action shall not be repeated while the Plan is in effect. Compliance with this plan may also be sought through injunctive relief in the district court.

(c)

Any person, including a person classified as a water customer of the Irving Water Utilities, 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. 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/she proves that he/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 police officer, fireman, or other sworn court officer, may issue a citation to a person he/she reasonably believes to be in violation of this ordinance. 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/her to appear in the municipal court on the date shown on the citation for which the date shall not be less than three (3) days, nor more than five (5) days from the date the citation was issued. The alleged violator shall be served a copy of the citation. Service of the citation 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 fourteen (14) years of age who is a member of the violator's immediate family or is a resident of the violator's residence. The alleged violator shall appear in 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 municipal court, a warrant for his/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 municipal court before all other cases.

(Ord. No. 2011-9302, § 1, 12-8-11)