08-26-2024 Agenda Packet - Laserfiche WebLink

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violator, and proof that the violation occurred on the person's property will constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person will have the right to show that he/she did not commit the violation. Parents will 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 will constitute a rebuttable presumption that the parent committed the violation, but any such parent may be excused if they prove they had previously directed the child not to use the water as it was used in violation of this Article and that the parent could not have reasonably known of the violation. (d) Any employee of the City of Paris, police officer, or other employee designated by the City Manager, may issue a citation to a person he/she reasonably believes to be in violation of this Article. The citation will be prepared in duplicate and will contain the name and address of the alleged violator, if known, the offense charged, and will direct the violator to appear in the City of Paris Municipal Court on the date shown on the citation for which the date will not be less than three (3) days nor more than thirty (30) days from the date the citation was issued. The alleged violator will be served a copy of the citation. Service of the citation will 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 violation will 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 the violator's arrest may be issued. A summons to appear may be issued in lieu of an arrest warrant. These cases will be expedited and given preferential setting in Municipal Court before all other cases. Sec. 12.06.043 -Variances (a) The City Manager, or his authorized designee, may, grant a temporary variance for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the health, safety or welfare of the public or the person requesting such variance and if one or more of the following conditions are met: (1) 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. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. (b) Persons requesting an exemption from the provisions of this Article will file a petition for variance with the City of Paris within ten (10) business days after the Plan or a particular drought response stage has been invoked. All petitions for variances will be reviewed by the City Manager, or his authorized designee, and will include the following: Page 12 of 17