ENFORCEMENT
San Antonio City Code ch. 34, art. IV, div. 2
in effectSan Antonio City Code § 34-288 Violations.
Sec. 34-288. - Violations.
It shall be a violation punishable by city municipal fine for any San Antonio Water System water and/or waste water service customer, property owner, occupant, resident, or their designee within the city of San Antonio or its extraterritorial jurisdiction, to intentionally, knowingly, recklessly, or criminally negligently allow or cause water waste, to allow or cause landscape watering outside the prescribed hours for landscape watering, or to allow or cause any violation of any provision of this article.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14)
San Antonio City Code § 34-289 Continued violations.
Sec. 34-289. - Continued violations.
At locations of repeated or continued violations, the president/CEO of the San Antonio Water System shall have the authority to discontinue the supply of potable water to the registered meter holder. A repeated or continued violation may occur even if a municipal fine was never imposed for a previous violation.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14; Ord. No. 2024-06-20-0480, § 1(Exh. A), 6-20-24)
San Antonio City Code § 34-290 Enforcement personnel.
Sec. 34-290. - Enforcement personnel.
The president/CEO or the designee of the San Antonio Water System is hereby authorized to enforce this article IV in the manner and to the extent allowed by law, including, but not limited to, filing complaints with the city municipal prosecutor's office for such violations, serving notices of violations of this division, filing civil enforcement actions, and enforcing the system's utility service regulations. Such authorization does not diminish the city attorney's authority in regard to enforcement of chapter 34, provisions.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14; Ord. No. 2024-06-20-0480, § 1(Exh. A), 6-20-24)
San Antonio City Code § 34-291 Education and enforcement.
Sec. 34-291. - Education and enforcement.
As the success of conservation generally, and specifically of this article, depends largely on public cooperation, SAWS policies shall implement customer education programs and shall establish and maintain a water conservation "hot line," so that the public may provide the San Antonio Water System with information relating to violators.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14)
San Antonio City Code § 34-292 Defenses to prosecution.
Sec. 34-292. - Defenses to prosecution.
(a) It shall be a defense to prosecution that landscape watering was performed on any plant or seed planted in or transplanted to an area with a valid new landscape variance from SAWS as described in section 34-332.
(b) It shall be a defense to prosecution that landscape watering was performed by a commercial enterprise in the business of growing or maintaining plants for sale, such as plant nurseries; provided, however, that such landscape watering shall be performed solely for the establishment, growth, and maintenance of such plants and without waste as defined in section 34-271.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14)
San Antonio City Code § 34-293 Responsible party.
Sec. 34-293. - Responsible party.
For purposes of this article, the San Antonio Water System water and/or waste water customer, property owner, occupant, or resident of the property where a violation is observed shall be the responsible party for a violation of the provisions of this article unless an alternate person is designated by the named meter holder and accepts responsibility and it is documented in writing by both the alternate individual and the meter holder. If there is no meter, the property owner, occupant, or resident shall be the responsible party.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14)
San Antonio City Code § 34-294 Additional enforcement remedies.
Sec. 34-294. - Additional enforcement remedies.
The president/CEO or his or her designee is authorized and instructed to commence any action, in law or in equity, including the filing of criminal charges, deemed necessary for the purpose of enforcing this division. The SAWS president/CEO or the designee may seek civil penalties and any other legal or equitable relief available under common law, V.T.C.A., Local Government Code ch. 54 or any other applicable city, state or federal code or statute.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14)
San Antonio City Code § 34-295 Penalties.
Sec. 34-295. - Penalties.
(a) Criminal. Any person violating any provision of this article IV, divisions 1—4, shall be guilty of misdemeanor and upon citation therefore and conviction thereof, shall be punished by a fine not less than fifty dollars ($50.00) and not more than one hundred dollars ($100.00) for the first offense, a fine not less than two hundred and fifty dollars ($250.00) and not more than five hundred dollars ($500.00) for the second offense, and a fine not less than one thousand dollars ($1,000.00) and not more than two thousand dollars ($2,000.00) for the third or any additional offense. Each violation of a particular section of this article, shall constitute a separate offense, and each day an offense continues shall be considered a new violation for purposes of enforcing this division.
(b) Civil. Civil penalties for violations of this division or of the drought management, water conservation and reuse plan, article IV, division 4, may also be assessed as allowed by applicable state law in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each violation of a particular section of this division or of the drought management, water conservation and reuse plan, article IV, division 4, shall constitute a separate violation, and each day a violation continues shall be considered a new violation for purposes of enforcing this division.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14; Ord. No. 2024-06-20-0480, § 1(Exh. A), 6-20-24)
San Antonio City Code § 34-296 Nuisance.
Sec. 34-296. - Nuisance.
The violation of any part of this division shall be a nuisance which may be abated and enjoined by SAWS. Any person creating a public nuisance shall be subject to the provision of the Code governing such nuisances, including reimbursing SAWS for any costs incurred in removing, abating or remedying said nuisance. The owner of any property where said nuisance has occurred shall be liable to the city, acting through and on behalf of SAWS, for the cost of such abatement and shall pay such cost on demand and the city, acting through and on behalf of SAWS, shall have a right to file a lien on the property to secure payment of the cost of such abatement.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14)
San Antonio City Code § 34-297 Access to premises.
Sec. 34-297. - Access to premises.
SAWS and all persons or agents employed thereby, or acting behalf of, shall have free access of the right-of-way to the premises, including, to any neighborhood or subdivision wherein SAWS provides water service to perform maintenance, make repairs, and conduct inspections, including inspections to determine whether provisions of the water conservation and reuse article IV have been, and are being, complied with in all respects. Any person or entity refusing permission or barring or obstructing access will be in violation of this division and may be subject to consequences in this division.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14; Ord. No. 2024-06-20-0480, § 1(Exh. A), 6-20-24)
San Antonio City Code § 34-298 Access to information.
Sec. 34-298. - Access to information.
Any water purveyor operating within the corporate limit of the city shall provide enforcement personnel of SAWS, upon request, with the identity, mailing address and telephone number of any person in whose name a water meter is registered or customer account is maintained.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14)
San Antonio City Code § 34-299 Severability.
Sec. 34-299. - Severability.
If, for any reason, any section, sentence, clause or part of this division is held legally invalid, such judgment shall not prejudice, affect, impair or invalidate the remaining sections of this division, but shall be confined to the specific section, sentence, clause, or part of this division held legally invalid.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14)
San Antonio City Code § 34-300 This article to prevail if conflict.
Sec. 34-300. - This article to prevail if conflict.
In the event any section of this article conflicts in effect or application with any other section of the Code or ordinance, the section(s) of this article shall prevail.
(Ord. No. 2014-05-29-0376, § 3(Exh. B), 5-29-14)
Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH34WASE_ARTIVDRMAWACORE_DIV2ENFetched: 10/27/2026