13.16.010 Water usage prohibitions applying to all persons.
(1) Authorization. This chapter establishes water conservation measures to be applied city-wide pursuant to the authority granted to the city under 23 CFR Section 864. This chapter shall remain in effect so long as its provisions are authorized under federal and state law.
(2) Application. The water conservation requirements under this chapter shall apply to all persons within the city of Cudahy.
(3) Prohibitions on Water Usage. To promote water conservation, each of the following actions is prohibited, except where necessary to address an immediate health and safety need or to comply with a term or condition in a permit issued by any state or federal governmental agency:
(a) The application of potable water to outdoor landscapes in a manner that causes runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(b) The use of a hose that dispenses potable water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use;
(c) The application of potable water to driveways and sidewalks; and
(d) The use of potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system.
(4) Enforcement.
(a) No person within the city of Cudahy shall use or permit the use of water in a manner contrary to subsection (3) of this section. For purposes of this chapter, the term “person” shall mean any natural person, corporation, partnership, sole proprietorship, public or private entity, public or private association, public or private agency, governmental agency or institution, school district, or college university.
(b) Unless otherwise provided, any person who violates any provision of this chapter shall be guilty of an infraction or misdemeanor as hereinafter specified at the city’s discretion, and each day or portion thereof such violation is in existence shall be a new and separate offense.
(c) Fines. The following penalty schedule shall apply to violations of this chapter:
(i) Any person who violates any of the prohibitions of this chapter shall be guilty of an infraction and shall be issued a violation notice for the first such offense in a single calendar year.
(ii) Any person who violates any of the prohibitions of this chapter for a second time in a single calendar year shall be guilty of an infraction and shall be subject to a fine of $100.00.
(iii) Any person who violates any of the prohibitions of this chapter for a third time in a single calendar year shall be guilty of an infraction and shall be subject to a fine of $200.00.
(iv) Any person who violates any of the prohibitions of this chapter four or more times in a single calendar year shall be guilty of an infraction and shall be subject to a fine of $500.00.
(5) Additional Penalties. Subsection (4) of this section notwithstanding, a violation under subsection (4) of this section may be charged and prosecuted as a misdemeanor at the city’s sole discretion.
(a) In addition to the above penalties, such convicted person may, in the discretion of the court, be ordered to reimburse the city for all necessary costs incurred through investigation, discovery, analysis, inspection, abatement and other actual costs incurred by the city or its agents pertaining to the violation.
(b) The court shall fix the amount of any such reimbursements upon submission of proof of such costs by the city. Payment of any penalty herein provided shall not relieve a person from the responsibility of correcting the condition resulting from the violation. (Ord. 643 § 2, 2014).