Hays Police have issued several Water Use Citations and Notice Of Violations in the past few days and it serves as a reminder that they are enforcing water use laws. Offenders are given a warning for a first offense, but as Lieutenant Brandon M Wright informed us, water violations fall into two categories:
- –1) Illegal Use of Water
- 2) Water Wasting.
According to Wright, for Water Wasting, officers will issue a citation similar to a traffic ticket, and the accused must appear in municipal court on the specified date and time. For Illegal Use, they are issued a different “Notice of Violation” and they must take care of it at City Hall. Wright also says Private Wells are regulated by the same ordinances, as they are tapping into the same water supply the rest of the community depends on.
Each Water Violation Category is defined below.
Illegal Use of Water
– Outdoor use of water between 12:00 noon and 7 PM
– For washing down sidewalks, buildings, hard surface areas, etc. (any time)
– Private well being used between 12:00 noon and 7 PM
– Private well not registered
In an illegal use of water case, typically using water during restricted hours, the violator is issued a “Notice of Violation” by an officer which is processed by City Hall. The violator can request a hearing to defend themselves if done so in writing within three (3) days.
– Upon the first violation, the accused party will be issued a formal warning
– Upon a second violation, a fine of $50.00 shall be charged
– Upon a third violation, a fine of $200.00 shall be charged
– Upon a fourth and subsequent violation, a fine of $250.00 shall be charged
If you have a newly seeded lawn, a permit can be applied for at City Hall to allow water use during restricted hours.
Water Wasting:
Sec. 65-70 of the city code: Escape or draining of water from private property prohibited; penalty
(a) It is unlawful for any person to allow substantial amounts of water to escape and/or drain from private property onto public property, including, but not limited to, public sidewalks, rights-of-way, streets, alleys, and highways; provided that the term “substantial” shall mean an amount of water sufficient to cause a discernible flow of water reaching the street, gutter, or other drainage system.
(b) For the purpose of this section, it shall be presumed that the resident of the private property from which water escapes or drains knows of such escape or draining.
(c) Any person accused of a violation of this section shall be charged in the municipal court of the city (City of Hays) and shall upon conviction:
– For the first conviction shall no be fined but shall receive a warning to the effect of subsequent convictions
– For a second conviction not less than $0.00 nor more than $25.00
– For a third or subsequent conviction not less than $25.00 nor more than $50.00