HomeMy WebLinkAbout2001-2498 - Ordinance - 04/12/2001ORDINANCE NO. 2498
AN ORDINANCE AMENDING CHAPTER 11, SECTION 9, "DROUGHT CONTINGENCY
AND WATER EMERGENCY PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF
COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT
BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1:
That Chapter 11, Section 9, "Drought Contingency and Water Emergency Plan",
of the Code of Ordinances of the City of College Station, Texas, be amended as
set out in Exhibit "A", attached hereto and made a part of this ordinance for all
purposes.
PART 2:
That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3:
That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor
more than Five Hundred Dollars ($500.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this 10th day of May, 2001.
Connie Hooks, City Secretary
APPROVED:
LYNN MgILHANEY, Mayor
APPROVED:
r,--~F_,~_igned by I.-Jar~_e_y_C~. rgb, _~l
· -~" lgCt]ffi~h t ,, ~c~. te I
City Attorney
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ORDINANCE NO. 2498 Page 2
EXHIBIT "A"
That Chapter 11, Section 9, "Drought Contingency and Water Emergency Plan", of the Code of
Ordinances of the City of College Station, Texas, adopted the 13'h day of January, 2000 is hereby
repealed. That Chapter 11, Section 9, is hereby amended by adding a new section, "Drought
Contingency and Water Emergency Plan" as set out hereafter to read as follows:
SECTION 9:
DROUGHT CONTINGENCY AND WATER EMERGENCY PLAN
A. INTRODUCTION
Safe, high quality drinking water is a precious resource in the Bryan-College Station
region. This Drought Contingency and Water Emergency Plan (the "Plan") requires that
the available water resources of the City of College Station be put to maximum beneficial
use along with the available water resources to the maximum extent possible. The Plan
also requires that the waste or unreasonable use, or unreasonable method of use of water
be prevented, and the conservation of water be extended with a view to reasonable and
beneficial use in the interests of the people of the College Station community and for the
public health and welfare. Emergency conditions resulting from equipment or system
failures are also addressed in this Plan. This Plan has been coordinated with the Brazos
Region (Region G) Water Planning Group. The Plan will be reviewed and updated as
necessary at a minimum of every five (5) years.
B. AUTHORIZATION
The City Manager or his/her designee of the City of College Station is hereby authorized
and directed to implement the applicable provisions of this Plan upon determination that
such implementation is necessary to protect public health, safety, and welfare. The City
Manager or his/her designee of the City of College Station shall have the authority to
initiate or terminate drought stages or water supply emergency response measures as
described in this Plan.
C. APPLICATION
The provisions of this Plan shall apply to all persons, customers, and property utilizing
water provided by the City of College Station. The terms "person" and "customer" as
used in the Plan include individuals, corporations, parmerships, associations, and all
other legal entities.
D. DEFINITIONS
For the purpose of this Plan, the following definitions shall apply:
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1. Conservation: those practices, techniques, and technologies that reduce the
consumption of water, reduce the loss or waste of water, improve the efficiency in the
use of water or increase the recycling and reuse of water so that a supply is conserved
and made available for future or alternative uses.
2. Customer: any person, company, or organization using water supplied by the City of
College Station.
3. Drip Irrigation: the controlled, slow application of small amounts of water to soil
over a long period of time, usually several hours.
4. Landscape Irrigation Use: water used for the irrigation and maintenance of
landscaped areas, whether privately or publicly owned, including residential and
commercial lawns, gardens, golf courses, parks, rights-of-way, and medians.
5. Non-Essential Water Use: water uses that are not essential nor required for the
protection of public health, safety, and welfare including:
(a) Irrigation of landscaped areas, including parks, athletic fields, and golf courses,
except as otherwise provided by this Plan;
(b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle;
(c) Use of water to wash down any sidewalks, walkways, driveways, parking lots,
tennis courts, or other hard-surfaced areas except to maintain health and safety
conditions;
(d) Use of water to wash down buildings or structures for purposes other than
immediate fire protection;
(e) Flushing gutters or permitting water to run or accumulate in any gutter or street;
(f) Use of water to fill, refill, or add to any swimming pools or Jacuzzi-type pools;
(g) Use of water in a fountain or pond for aesthetic or scenic purposes except where
necessary to support aquatic life;
(h) Failure to repair a controllable leak(s) within a reasonable period after having
been given notice directing the repair of such leak(s); and
(i) Use of water from hydrants for construction purposes or any other purposes other
than fire fighting, or other activities necessary to maintain public health, safety,
and welfare.
6. Outdoor Water Use: includes, but is not limited to, watering lawns, shrubs, and
other types of outdoor vegetation; washing vehicles, boats, and trailers; use of
landscape irrigation systems; refilling or adding water to swimming pools, wading
pools or ponds: operation of any ornamental fountain or other similar structure; use of
water from fire hydrants for uses other than fire fighting or other activities necessary
to maintain health and safety conditions; washing down of patios, driveways, parking
areas, streets, tennis courts, sidewalks or other paved areas; and the watering ground
foundations.
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ORDINANCE NO. 2498 Page 4
7. Reclaimed water: Domestic or municipal wastewater which has been treated to a
quality suitable for a beneficial use, pursuant to the provisions of 30 TAC 210, as it
currently exists or may be amended from time to time, and other applicable rules and
permits.
8. System Failure: any mechanical failure of pumping equipment or system component
that causes a loss of capability to provide water service to the City of College Station.
9. Xeriscape: a method of landscaping which conserves water through the use of
specific principles of design, plant selection, installation, maintenance, and irrigation
methods.
Eo
TRIGGER CONDITIONS
Daily water demand will be monitored for emergency conditions by the City of College
Station. Trigger conditions will be based on an emergency situation caused by a natural
disaster, equipment or system failure, or high daily average water demand. The City
Manager or his/her designee of the City of College Station, on recommendation of the
Public Utilities Department, shall determine when conditions warrant initiation or
termination of each stage of the Plan.
In the spirit of cooperation, various interconnections are in place between the City of
College Station, City of Bryan and Texas A&M University that may be utilized to
provide water in emergency conditions provided there is not an additional emergency
situation created by any water transfer. These shared water resources shall be evaluated
and/or implemented prior to initiation of the trigger conditions.
The trigger conditions described below are based on the fact that the City of College
Station uses groundwater as its water supply, and therefore, will likely be constrained by
system capacity before shortage of supply.
1. Stage 1 - Voluntary Water Conservation
(a) Requirements for initiation - Customers may be requested to voluntarily conserve
water and adhere to the water restrictions on non-essential water use, as outlined
in Part G (Stage 1) of this Plan, each year from May 1 through September 30.
(b) Requirements for termination - Stage 1 of the Plan may be rescinded at any time
by the City Manager or his/her designee of the City of College Station.
2. Stage 2 - High Water Demand
(a) Requirements for initiation - Customers shall be required to comply with the
requirements and restrictions on non-essential water uses, as outlined in Part G
(Stage 2) of this Plan, when:
(1) Average daily water consumption for three (3) consecutive days reaches 90%
of production/distribution capacity of the City of College Station water
system;
and
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(2) Consideration of weather conditions for drought classification determination
includes predicted long cold or dry periods.
5
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or
(3) Emergency water supplied to the City of College Station by contractual
agreement through system intereonnections with Texas A&M University or
the City of Bryan is curtailed or interrupted.
(b) Requirements for termination - Stage 2 of the Plan may be rescinded by the City
Manager or his/her designee of the City of College Station when the condition(s)
listed above as triggering events have ceased to exist for a period of three (3)
consecutive days. Upon termination of Stage 2, Stage 1 becomes operative.
Stage 3 - Severe Water Shortage
(a) Requirements for initiation - Customers shall be required to comply with the
requirements and restrictions on non-essential water uses, as outlined in Part G
(Stage 3) of this Plan, when:
(1) The City of College Station average daily water consumption for three (3)
consecutive days reaches 95% of production/distribution capacity of the
system, or the City of College Station daily water consumption will not enable
storage levels to be maintained.
(b) Requirements for termination - Stage 3 of the Plan may be rescinded by the City
Manager or his/her designee of the City of College Station when the condition(s)
listed above as triggering events have ceased to exist for a period of three (3)
consecutive days. Upon termination of Stage 3, Stage 2 becomes operative as
directed by the city manager or his/her designee of City of College Station.
Stage 4 - Water Supply Emergency
(a) Requirements for initiation - Customers shall be required to comply with the
requirements and restrictions on non-essential water uses, as outlined in Part G
(Stage 4) of this Plan, when:
(1) The City of College Station water system is contaminated whether
accidentally or intentionally. A Water Supply Emergency condition is
reached immediately upon detection.
(b)
or
(2) The City of College Station water system fails for any reason. A Water
Supply Emergency condition is reached immediately upon detection.
Requirements for termination - Stage 4 of the Plan may be rescinded by the City
Manager or his/her designee of the City of College Station when the condition(s)
listed above as triggering events have ceased to exist. Upon termination of Stage
4, the previously initiated stage becomes operative as directed by the City
Manager or his/her designee of City of College Station.
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ORDINANCE NO. 2498 Page 6
F. NOTIFICATION
1. Public Meeting - This Plan has been presented to the public at a formal public
meeting with a request for comments.
2. Public notification of the initiation or termination of drought response stages shall be
by means of publication in a newspaper widely circulated in College Station and
public service announcements on local television and/or cable service. Additional
methods of public notification may include signs posted in public places, utility bill
inserts, and other means to be determined by the City Manager or his/her designee of
the City of College Station.
3. When mandatory restrictions are enacted with the initiation of Stage 2, Stage 3,
and/or Stage 4, the Executive Director of TNRCC will be notified, at a minimum via
telephone, within five (5) business days. When any particular stage is rescinded, the
Executive Director of TNRCC will again be notified, at a minimum via telephone,
within five (5) business days.
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RESPONSES TO TRIGGER CONDITIONS
The City Manager or his/her designee of the City of College Station shall monitor water
supply and/or demand conditions on a daily basis and, in accordance with the triggering
criteria set forth in Part E of the Plan, shall determine that a voluntary, moderate or
severe water shortage condition exists and shall implement the following actions upon
publication of notice in a newspaper widely circulated in College Station:
1. Stage I - Voluntary Water Conservation
The goal for Stage 1 of the Plan is to raise public and customer awareness of water
demand conditions.
Voluntary Water Use Measures:
(a) Water customers are requested to voluntarily limit outdoor water use by
practicing water conservation and reducing non-essential water uses, defined in
Part D (5) of this Plan.
Stage 2 - High Water Demand - Water Demand Exceeds 90*/0 of System Capacity
The goal for Stage 2 of the Plan is to reduce and maintain average daily water
demand at or below ninety percent (90%) of system capacity.
In the event that the City Manager or his/her designee enacts Stage 2 the following
water use restrictions shall apply to all persons:
(a) Water customers are required to participate in the 5-day Watering Schedule for
outdoor xvater use. Outdoor water use shall only occur on a designated outdoor
watering day, which will be once every five days. The 5-day Watering Schedule
will be determined and distributed each year by the City of College Station.
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(b) Outdoor water use is permitted:
(1) From midnight to 9:00 am and from 8:00 pm to midnight on a customer's
designated watering day.
(2) Anytime, by the use of hand-held hoses equipped with a positive pistol grip
nozzle or other device that automatically shuts off water flow when the hose
is not being held by the water user, by drip irrigation, by soaker hose, or by
hand-held buckets.
(c) The time restrictions do not apply to:
(1) the irrigation of commercial plant nurseries,
(2) irrigation using reclaimed water,
(3) new landscape installation during planting and the first ten days after
planting. A variance extending the ten day period may be approved by the
City Manager or his/her designee, and
(4) the testing of new irrigation systems or existing irrigation systems being
tested or under repair.
(d) The washing of automobiles, trucks, motorbikes, boats, trailers, airplanes or other
vehicles is permitted:
(1) On designated watering days, from 12:00 midnight to 9:00 am and from 8:00
pm to 12:00 midnight.
(2) Such washing, when allowed, shall be done with a hand-held bucket or a
hand-held hose equipped with a positive shutoff nozzle for quick rinses.
(3) The washing of individual vehicles may be done at any time on the immediate
premises of a commercial car wash or commercial service station.
(4) Further, this restriction does not apply to the washing of vehicles or any other
type of mobile equipment (such as garbage trucks and vehicles to transport
food and perishables) when the health, safety, and welfare of the public is
contingent upon frequent vehicle cleansing.
(e) Charity car washes are prohibited.
(f) Use of water to fill, refill, or add to any indoor or outdoor swimming pools,
wading pools, or Jacuzzi-type pools is permitted only on designated watering
days from 12:00 midnight to 9:00 am and from 8:00 pm to 12:00 midnight.
(g) Operation of any ornamental fountain or pond for aesthetic or scenic purposes is
prohibited except where necessary to support aquatic life. This restriction does
not apply to ornamental fountains or ponds that use reclaimed water, non-potable
water, or water sources other than the City of College Station.
(h) Use of water from fire hydrants shall be limited to fire fighting and related
activities, or other activities necessary to maintain public health, safety, and
welfare. Use of water from designated fire hydrants for construction purposes
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ORDINANCE NO. 2498 Page 8
may be allowed when a variance has been approved by the City Manager or
his/her designee of the City of College Station.
(i) Use of water for the irrigation of golf course greens, tees, and fairways is
pemfitted only on designated watering days. Such irrigation shall only occur
from 12:00 midnight to 9:00 am and from 8:00 pm to 12:00 midnight. These
restrictions do not apply to the irrigation of any golf course that uses reclaimed
water, or other non-potable water sources.
(j) All restaurants are prohibited from serving water to their patrons except when
requested.
(k) The following uses constitute a waste of water and are prohibited:
(1) Washing sidewalks, walkways, driveways, parking lots, tennis courts, patios
or other hard-surfaced areas except to alleviate immediate health or safety
hazards.
(2) Use of water for dust control.
(3) Allowing water to run offa property or allowing water to pond in the street or
parking lot.
(4) Operating an irrigation system with sprinkler heads that are broken or out of
adjustment.
(5) Failure to repair a controllable leak(s) within a reasonable period after having
been given notice directing the repair of such leak(s).
(6) Washing an automobile, truck, trailer, boat, airplane, or other mobile
equipment with a hand-held hose not equipped with a pistol grip nozzle or
other device that automatically shuts off water flow when the hose is not
being held by the water user.
Stage 3 - Severe Water Shortage - Water Demand Exceeds 95% of System Capacity
The goal for Stage 3 of the Plan is to reduce and maintain average daily water
demand at or below ninety five percent (95%) of system capacity.
In the event that the City Manager or his/her designee enacts Stage 3 the following
water use restrictions shall apply to all persons:
(a) Supply Management Measures - The City of College Station will cease the
flushing of water mains except when necessary to maintain public health, safety,
and welfare. All City of College Station departments will discontinue irrigating
public landscaped areas except when such areas are irrigated with reclaimed
water, or water source other than that provided by the City of College Station.
(b) Water Use Restrictions - All requirements of Stage 2 shall remain in effect during
Stage 3, with these additional water use restrictions:
(1) Outdoor water use is restricted to use of hand-held hoses equipped with a
positive pistol grip nozzle or other device that automatically shuts off water
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ORDINANCE NO. 2498 Page 9
flow when the hose is not being held by the water user or hand-held buckets.
Such water use may occur only between the hours of 6:00 a.m. to 9:00 a.m.
and 8:00 p.m. to 10:00 p.m. on designated outdoor water use days. The use of
permanently installed irrigation systems, drip irrigation systems, and hose end
irrigation is prohibited.
(2) The washing of automobiles, trucks, trailers, boats, airplanes, and other types
of mobile equipment not occurring on the immediate premises of a
commercial car wash or a commercial service station and not in the
immediate interest of the public health, safety, and welfare are prohibited.
The washing of such vehicles under public safety and health situations may
only occur between 6 a.m. and 9 a.m.
(3) Commercial plant nurseries may use only hand-held hoses equipped with a
positive pistol grip nozzle or other device that automatically shuts off water
flow when the hose is not being held by the water user, or hand-held buckets.
(4) The filling, refilling, or adding of potable water to swimming or wading pools
is prohibited.
(5) No new landscapes of any type may be installed.
(6) All variances granted under a previous stage shall be invalid during Stage 3.
The use of water under variances granted by the City Manager or his/her
designee of the City of College Station is to be discontinued.
Utilization of a water source other than City of College Station potable water is exempt
from the provisions of this Plan.
4. Stage 4- Water Supply Emergency
The goal for Stage 4, Water Supply Emergency, is to rectify the emergency and return to
normal operating conditions as soon as possible.
In the event of an imminent or actual water supply emergency due to either loss of water
supply source (including contamination) and/or system failure, the City Manager or
his/her designee of the City of College Station has the authority to initiate the following
Water Supply Emergency Responses:
(a) The Public Utilities Department may request assistance from the City of Bryan and
Texas A&M University in maintaining distribution system volume and pressure
during the emergency conditions.
(b) Effective immediately upon initiation of Stage 4, all outdoor water use shall be
discontinued, except for immediate health and safety purposes.
(c) In the event that water shortage or water emergency conditions threaten public health,
safety, and welfare, the City Manager or his/her designee of the City of College
Station, upon recommendation of the Public Utilities Department, may order water
rationing and/or terminate service to selected users of the system in accordance with
the following sequence:
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ORDINANCE Page 10
NO. 2498
(1) Recreational users,
(2) Commercial users,
(3) School users,
(4) Residential users, and
(5) Hospitals, public health, and safety facilities.
(d) Public Notification:
In the event that minimum health and safety standards for drinking water are not met
during emergency conditions, public service announcements on local television and
radio stations will be utilized to notify the public of the emergency conditions and
response measures. These response measures may include notifying the public of the
need to boil water, use bottled water, or use a designated alternate water source, as
appropriate.
(e) Emergency Management Assistance:
The Department of Public Utilities may seek assistance through the local and/or State
Emergency Management Program.
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VARIANCES
1. The City Manager or his/her designee of the City of College Station may, in writing,
grant temporary variance for existing water uses otherwise prohibited under this Plan
if it is determined that failure to grant such a variance would cause an emergency
condition adversely affecting the health, sanitation, or fire protection for the public or
the person requesting such variance, or if one or more of the following conditions are
met:
(a) Compliance with this Plan cannot be technically accomplished during the
duration of the water supply shortage or other condition for which the Plan is in
effect.
(b) Alternative methods can be implemented which will achieve the same level of
reduction in water use.
2. Persons requesting an exemption from the provisions of this Ordinance shall file a
petition for variance with the City of College Station. All petitions for variances shall
be reviewed by the City Manager or his/her designee of the City of College Station
and shall include the following:
(a) Name and address of the petitioner(s),
(b) Purpose of water use,
(c) Specific provision(s) of the Plan from which the petitioner is requesting relief,
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(d) Detailed statement as to how the specific provision of the Plan adversely affects
the petitioner or what damage or harm will occur to the petitioner or others if
petitioner complies with this Plan,
(e) Description of the relief requested,
(f) Period of time for which the variance is sought,
(g) Alternative water use restrictions or other measures the petitioner is taking or
proposes to take to meet the intent of this Plan and the compliance date,
(h) Estimated water savings, as a percentage (%) of normal monthly water use, while
operating under the variance requested, and
(i) Other information requested by the City of College Station.
Variances granted by the City Manager or his/her designee of City of College Station
shall be subject to the following conditions, unless waived or modified:
(a) Variances granted shall include a timetable for compliance, and
(b) Variances granted in a particular stage shall expire upon advancing to a more
restrictive stage of the Plan.
(c) Petitioners shall prominently display the variance granted where it can be read by
the general public at all location(s) for which the variance applies, and make said
variance available to the public.
(d) Variances granted may be revoked by the City Manager or his/her designee of the
City of College Station if the petitioner fails to meet specific requirements set
forth in the variance.
No variance shall be retroactive or otherwise justify any violation of this Plan
occurring prior to the issuance of the variance.
WHOLESLE AGREEMENTS/CONTRACTS PROVISION
In the event that the Trigger Conditions specified by Stage 3 - Severe Water Shortage, or
Stage 4 - Water Supply Emergency, of this Plan have been met, the City Manager or
his/her designee of the City of College Station is hereby authorized to initiate allocation
of water supplies to wholesale customers on a pro rata basis. This stipulation applies to
all existing and future wholesale water supply contracts or agreements made with the
City of College Station. The pro rata basis for water allocation to wholesale customers
will be made in accordance with the Texas Water Code § 11.039 policies and procedures
and as specified by the Texas Administrative Code 30 §288.22(a)(7)(A).
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ENFORCEMENT
No person shall allow potable water from the City of College Station to be used for
residential, commercial, industrial, agricultural, governmental, or any other purpose in a
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ORDINANCE NO. 2498 Page 12
manner contrary to any provision of this Plan, or in an amount in excess of that permitted
by the stage in effect at the time pursuant to action taken by the City Manager or his/her
designee of the City of College Station, in accordance with provisions of this Plan.
If a person is convicted of three or more distinct violations of this Plan, the City Manager
or his/her designee of the City of College Station shall provide written notice to the
person of possible termination of service. The notice shall apprise the person of the
possible termination of service, the reasons for such possible termination, and afford the
person an opportunity to present his/her objections to termination in a heating before the
City Manager or his/her designee of the City of College Station. The person shall have
not less than ten (10) days to present his/her objections. The notice shall also contain the
notice requirements described in Texas Natural Resource Conservation Commission
Rules located in the Texas Administrative Code, Title 30, Part I, Chapter 291, Subchapter
E, Section 291.88(a), as it currently exists or as amended from time to time. If after such
hearing, the City Manager or his/her designee of the City of College Station determines
that service will be terminated, services discontinued under such circumstances shall be
restored only upon payment of a re-connection charge, hereby established at fifty dollars
($50.00), and any other costs incurred by the City of College Station in discontinuing
service. In addition, suitable assurance must be given to the City Manager or his/her
designee of the City of College Station, 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.
PRESUMPTIONS
1. Any person, 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.
2. 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.
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