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§ 10-809. Water Control.

(1) Fire hydrants shall be used only by:

(a) Authorized City employees; or

(b) Persons who have obtained a permit from the Department of Licenses and Inspections or other department designated by the Water Department.

(2) Fire hydrants shall be operated only by use of fire hydrant wrenches of a type approved by the Water Department.

(3) Emergency Water Shortage. The Water Commissioner shall promulgate regulations governing the use of water during a drought or other emergency necessitating the conservation of water. No person, with or without permit, shall use water for purposes or in any manner prohibited by such regulations during such times as the Water Commissioner declares such regulations to be in effect in order to conserve water in a drought or for other emergency purposes.

(4) Prohibited Conduct.

(a) No person other than those referred to in subsection (1)(a) and (1)(b) shall use or possess in any street or public place a fire hydrant wrench.

(b) No person shall sell or offer to sell any fire hydrant wrench unless the purchaser, other than a City agency, produces a permit to use a fire hydrant.

(5) Enforcement. For the purposes of enforcing the provisions of this Section, notice of violation shall be issued by police officers or any other person authorized to enforce ordinances.

(a) Whenever a police officer or any other official authorized to enforce ordinances observes a violation of the provisions of this Section, he shall hand to the violator a printed notice of violation. Such notice shall bear the date, time and nature of violation, license number of any vehicle or vehicles involved in the violation, identity and address of the violator, the amount to be remitted in response to the notice of violation, the penalty which can be imposed by the court for violation, and shall be signed by the person issuing the violation and shall bear the police officer's badge number or other official identification number identifying the person issuing the violation notice.

(b) Any person who receives a notice of violation, may within ten (10) days, pay the amount of ten ($10.00) dollars, admit the violation and waive appearance before a Municipal Court Judge. The notice of violation shall contain an appropriate statement for signature by the violator for the purpose of admitting the violation and waiving a hearing, and shall be returned by the violator when he remits the stipulated payment.

(c) If a person who receives a notice of violation fails to pay the prescribed payment within ten (10) days of the issuance of the notice of violation, a code enforcement complaint shall be issued for such violation in such manner as provided by law. If the person named in the code enforcement complaint is found to have violated this Section or fails to appear on the date set for hearing, he shall be subject to the imposition of fines in the amount set forth in subsection 10-809(6), plus court costs.

(6) Penalty.

(a) The penalty for violation of any provision of this Section shall be a fine of twenty ($20.00) dollars for the first offense, fifty ($50.00) dollars for the second offense, and three hundred ($300.00) dollars for each subsequent offense. If a wrench or other device has been used in violation of this Section and has not previously been surrendered, the violator shall be ordered to surrender the wrench or other device to the Water Department.

(b) Any fine or costs imposed by the court shall be entered as a judgment against the violator.

(c) Any fine imposed by the court shall be paid within ten (10) days of its imposition. If the wrench is not surrendered and any court fine or costs are not paid within such period, the violator shall be subject to proceedings for contempt of court and/or collection of the fine as provided by law.

(d) In addition to the foregoing penalties, any police officer shall be duly authorized to seize and deliver into the custody of the Water Department any wrench used in violation of this Section.

(e) The imposition of the penalties authorized by this Section is in addition to any remedy the City may have for loss or damage caused as a result of violation of this Section.

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Keywords
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water
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police
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emergency
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