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<br />5.48 <br />Page 10 <br /> <br />Sec. 38.42 Cross Connection Prohibition <br /> <br />A. It shall be unlawful for any person to construct, install, use, keep, or maintain, or <br />to permit, cause, or allow the construction, installation, use, or maintenance of a <br />cross-connection. <br /> <br />B. It shall be unlawful for any person to construct or install, or to cause to be <br />constructed or installed, a backflow prevention assembly which does not meet <br />pertinent requirements of Title 17 of the California Administrative Code and <br />Article VII (Plumbing Code) of Chapter 9 of this Code and all amendments <br />thereto, and this Article. <br /> <br />C. It shall be unlawful for any person to operate, use or maintain, or to permit, or <br />cause the use, operation, or maintenance of any backflow prevention assembly <br />which is not tested at least once each calendar year. <br /> <br />D. It shall be unlawful for any person to use, operate, or maintain, or to permit or <br />cause the use, operation, or maintenance of any backflow prevention assembly <br />which is not in good repair. <br /> <br />Sec. 38. 43 Penalties: <br /> <br />A. Termination of Water Service <br /> <br />In addition to the rights granted herein, the City may terminate water service to <br />any premises served if a required backflow prevention assembly is removed or <br />tampered with by customer-user. The term "tampered with" shall include, but is <br />not limited to, those instances where the City finds evidence that an installed <br />backflow prevention assembly has been by-passed, modified, made or allowed to <br />remain ineffective. <br /> <br />B. Fine and Imprisonment <br /> <br />Any person or persons who willfully fails to install, or permit to be installed, <br />backflow prevention assemblies as required by this Article or who willfully by- <br />passes, alters or refuses to maintain a backflow prevention assembly, shall be <br />guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not <br />exceeding $500 or imprisonment in the County jail for a period not exceeding six <br />months or both fine and imprisonment. <br /> <br />Section 2. Effective Date This ordinance shall be effective thirty (30) days after <br />its adoption. <br /> <br />Section 3. Severability. If any section, subsection, provision or part of this <br />ordinance, or its application to any person or circumstance, is held to be <br />unconstitutional or otherwise invalid, the remainder of this ordinance, and the <br /> <br />A TTY/ORDIORD.305 <br />041608 <br /> <br />10 <br />