California § 53069.46

§ 53069.46.

(a) (1) Notwithstanding any other law, the legislative body of a local agency, as defined in Section 54951, that provides retail water services, may adopt an ordinance that prohibits unauthorized connection to a fire hydrant, and makes a violation of an ordinance enacted by the local agency regarding water theft committed via the unauthorized connection to a fire hydrant subject to an administrative fine or penalty, as provided in this section. (2) The local agency shall adopt an ordinance that sets forth the administrative procedure that shall govern the imposition, enforcement, collection, and administrative review by the local agency of the administrative fines or penalties for water theft committed via the unauthorized connection to a fire hydrant. (b) Water theft committed via the unauthorized connection to a fire hydrant in violation of an ordinance adopted under this section is punishable as follows: (1) A fine not exceeding two thousand five hundred dollars ($2,500) for a first violation. (2) A fine not exceeding five thousand dollars ($5,000) for a second violation of the same ordinance. (3) A fine not exceeding ten thousand dollars ($10,000) for the third violation and each additional violation of the same ordinance. (c) For purposes of this section, “unauthorized connection to a fire hydrant” includes the unauthorized use of a fire hydrant, fire hydrant meter, or fire detector check. (d) (1) A local agency shall not impose fines under both this section and Section 53069.45 for the same offense. (2) Except as provided in paragraph (1), this section does not preclude remedies available under any other law, including provisions in the Penal Code or the Civil Code.