§ 20-1-126. UNAUTHORIZED OPENING OF FIRE HYDRANT.

(a)

A person may not open any fire hydrant and cause water to be discharged from the fire hydrant without receiving a permit from the Department of Public Works.

(b)

(1)

To implement this section, the Department of Public Works may adopt regulations in accordance with Article 3, Title 7 of the Code.

(2)

The regulations may include provisions for:

(i)

Insurance;

(ii)

Standards for permit recipients;

(iii)

The supply and use of equipment;

(iv)

Inspection of vehicles and tanks;

(v)

Term of permits;

(vi)

Revocation or amendments of permits;

(vii)

Deposit for equipment and forfeiture of deposits;

(viii)

Fees;

(ix)

Hydrant operation;

(x)

Enforcement; and

(xi)

Any other matter considered necessary by the Department.

(c)

(1)

Any person who violates the provisions of this section or any regulation adopted in accordance with this section is subject to a civil penalty not exceeding five hundred dollars ($500.00) for each offense.

(2)

(i)

The Code Official or the Department of Public Works may enforce the provisions of this section in accordance with the provisions of Article 3, Title 6 of the Code.

(ii)

The Code Official and the Department of Public Works are not required to issue a correction notice to a violator before issuing a citation under Article 3, Title 6 of the Code.

(d)

The provisions of this section shall not apply to any member(s) of the county fire department, any member(s) of any volunteer fire company(ies) or any member of any mutual aid fire department or company in the performance of their duties with respect to the extinguishment of fires, control of other emergency incidents, and the cleaning, filling, inspecting, and testing of emergency apparatus and equipment including such fire hydrants themselves.

(1988 Code, § 35-151) (Bill No. 126, § 2, 9-28-1990; Bill No. 30-03, § 1, 7-1-2004; Bill No. 1-07, § 1, 2-18-2007)

Editor's note:
  The text of subsection (c)(2)(i) of this section has been modified slightly from the actual text of Bill No. 1-07 to delete repetitive language that was erroneously included in the bill.