Sec. 34-287. - Definitions.

As used in this article, the following terms shall have the following meanings:

Beneficial use. The amount of water that is economically necessary for a purpose not otherwise prohibited by the city, state or federal law or regulation, when reasonable intelligence and reasonable diligence is used in applying water for that purpose.

Impervious surface area. Any structure or any street, driveway, sidewalk, patio or other surface area covered with asphalt, concrete, brick, paving, tile or other material preventing water to penetrate the ground.

Landscape watering. Water to any member of the plant kingdom, including any tree, shrub, vine, herb, flower, succulent, groundcover, grass or turf species, that is growing or has been planted out of doors.

Person. Any individual, corporation (including a government corporation), organization, state or federal governmental subdivision or agency, political subdivision of a state, interstate agency or body, business, trust, partnership, limited partnership, association, firm, company, joint stock company, joint venture, commission or any other legal entity.

Prescribed hours for sprinkling. Between the hours of 12:00 a.m. and 10:00 a.m. and 8:00 p.m. and midnight when the Aquifer Management Plan, Article IV, Division 4 is not in effect, and during the hours specified therein when the Aquifer Management Plan is in effect.

SAWS. San Antonio Water System.

Waste. Water without obtaining maximum beneficial use thereof. Waste shall also include, but not be limited to, causing, suffering, or permitting a flow of water used for landscape watering to run into any river, creek or other natural water course or drain, superficial or underground channel, bayou, or unto any sanitary or storm sewer, any street, road or highway or other impervious surface area, or upon the lands of another person or upon public lands. Waste shall also include, but not be limited to, any discharge of water used for commercial, industrial, municipal or domestic purposes to any storm, sanitary sewer, or septic system without the user first having obtained maximum beneficial use thereof. Waste shall also include, but not be limited to, failure to repair any controllable leak on property owned by any registered meter holder.

Water. Include, but not be limited to potable water supplied by a water purveyor, potable water withdrawn from any groundwater well, surface water from any river, creek, natural watercourse, pond, lake or reservoir, and recycled water supplied by a water purveyor.

(Ord. No. 92179, § 1, 7-27-00; Ord. No. 92503, § 1, 9-14-00)

Sec. 34-288. - Violations.

It shall be a violation punishable by city municipal fine for any San Antonio Water System water and/or waste water service customer residing or doing business within the corporate limits of the city and its extraterritorial jurisdiction, to intentionally, knowingly, recklessly, or criminally negligently to allow or cause water waste, to allow or cause landscape watering outside the prescribed hours for landscape watering, or to allow or cause any violation of any provision of this division or of the Aquifer Management Plan, Article IV, Division 4.

(Ord. No. 92179, § 1, 7-27-00; Ord. No. 2008-10-02-0885, § 3(Exh. A), 10-2-08)

Sec. 34-289. - Continued violations.

At locations of repeated or continued violations, the President/CEO of the San Antonio water system shall have the authority to discontinue the supply of potable water to the registered meter holder.

(Ord. No. 92179, § 1, 7-27-00)

Sec. 34-290. - Enforcement personnel.

The President/CEO or the designee of the San Antonio water system is hereby authorized to enforce this division in the manner and to the extent allowed by law, including, but not limited to, filing complaints with the city municipal prosecutor's office for such violations, serving notices of violations of this division and filing civil enforcement actions.

(Ord. No. 92179, § 1, 7-27-00)

Sec. 34-291. - Education and enforcement.

As the success of conservation generally, and specifically of this division and the Aquifer Management Plan, Article IV, Division 4, depends largely on public cooperation, San Antonio water system policies shall implement customer education programs as a primary enforcement tool and shall establish and maintain a water conservation "hot line," so that the public may provide the San Antonio water system with information relating to violators.

(Ord. No. 92179, § 1, 7-27-00)

Sec. 34-292. - Defenses to prosecution.

(a)

It shall be a defense to prosecution that landscape watering was performed on any plant or seed planted in or transplanted to an area within such period of time as to accomplish a reasonable establishment and maintenance of growth, generally three weeks.

(b)

It shall be a defense to prosecution that landscape watering was performed by a commercial enterprise in the business of growing or maintaining plants for sale, such as plant nurseries; provided, however, that such landscape watering shall be performed solely for the establishment, growth, and maintenance of such plants and not wasted.

(Ord. No. 92179, § 1, 7-27-00; Ord. No. 92503, § 1, 9-14-00)

Sec. 34-293. - Registered water meter user presumed liable.

For purposes of this division, in any case where water has been used in a manner contrary to any provision of this division or of the Aquifer Management Plan, Article IV, Division 4, it shall be presumed that the person in whose name a water meter connection is registered with the water purveyor servicing the property, has intentionally, knowingly, recklessly, or negligently made, caused, used or permitted to be used, the water in such a contrary manner. Proof that the particular premises had a water meter connection registered in the name of the defendant cited in a criminal complaint filed pursuant to this division shall constitute a prima facie presumption that the defendant is a person who made, caused, used or permitted to be used, water in a manner contrary to any provision of this division or of the Aquifer Management Plan, Article IV, Division 4.

(Ord. No. 92179, § 1, 7-27-00)

Sec. 34-294. - Additional enforcement remedies.

The President/CEO or his or her designee is authorized and instructed to commence any action, in law or in equity, including the filing of criminal charges, deemed necessary for the purpose of enforcing this division. The San Antonio water system President/CEO or the designee may seek civil penalties and any other legal or equitable relief available under common law, Chapter 54 of the Texas Local Government Code or any other applicable city, state or federal code or statute.

(Ord. No. 92179, § 1, 7-27-00; Ord. No. 92503, § 1, 9-14-00)

Sec. 34-295. - Penalties.

Criminal. Any person violating any provision of this division or of the Aquifer Management Plan, Article IV, Division 4, shall be guilty of misdemeanor and upon citation therefore and conviction thereof, shall be punished by a fine not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00) for the first offense, a fine not less than two hundred and fifty dollars ($250.00) and not more than five hundred dollars ($500.00) for the second offense, and a fine not less than one thousand dollars ($1,000.00) and not more than two thousand dollars ($2,000.00) for the third or any additional offense. Each violation of a particular section of this division or of the Aquifer Management Plan Article IV, Division 4, shall constitute a separate offense, and each day an offense continues shall be considered a new violation for purposes of enforcing this division.

Civil. Civil penalties for violations of this division or of the Aquifer Management Plan, Article IV, Division 4, may also be assessed as allowed by applicable state law in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each violation of a particular section of this division or of the Aquifer Management Plan Article IV, Division 4, shall constitute a separate violation, and each day a violation continues shall be considered a new violation for purposes of enforcing this division.

(Ord. No. 92179, § 1, 7-27-00)

Sec. 34-296. - Nuisance.

The violation of any part of this division shall be a nuisance which may be abated and enjoined by the San Antonio water system. Any person creating a public nuisance shall be subject to the provision of the Code governing such nuisances, including reimbursing the San Antonio water system for any costs incurred in removing, abating or remedying said nuisance. The owner of any property where said nuisance has occurred shall be liable to the city, acting through and on behalf of the San Antonio water system, for the cost of such abatement and shall pay such cost on demand and the city, acting through and on behalf of the San Antonio water system, shall have a right to file a lien on the property to secure payment of the cost of such abatement.

(Ord. No. 92179, § 1, 7-27-00)

Sec. 34-297. - Access to premises.

The San Antonio water system and all persons or agents employed thereby shall, at all reasonable hours, have free access to premises to ascertain if water is being wasted within the corporate limits of the city and whether provisions of the Aquifer Management Plan Article IV, Division 4, have been, and are being, complied with in all respects.

(Ord. No. 92179, § 1, 7-27-00)

Sec. 34-298. - Access to information.

Any water purveyor operating within the corporate limit of the city shall provide enforcement personnel of the San Antonio water system, upon request, with the identity, mailing address and telephone number of any person in whose name a water meter is registered or customer account is maintained.

(Ord. No. 92179, § 1, 7-27-00)

Sec. 34-299. - Severability.

If, for any reason, any section, sentence, clause or part of this division is held legally invalid, such judgement shall not prejudice, affect, impair or invalidate the remaining sections of this division, but shall be confined to the specific section, sentence, clause, or part of this division held legally invalid.

(Ord. No. 92179, § 1, 7-27-00)

Sec. 34-300. - This article to prevail if conflict.

In the event any section of this article conflicts in effect or application with any other section of the Code or ordinance, the section(s) of this division shall prevail.

(Ord. No. 92179, § 1, 7-27-00)