No person shall be convicted of violating this chapter unless such person in fact, turned on water, directed the turning on of water, or kept water turned on after learning that it was turned on in violation of this chapter or failure to turn off automatic devices capable of turning on water in violation of this chapter. It will not be necessary however, to present a witness who saw the accused turning on the water, if the circumstances indicate the accused violated the provisions of this chapter. (Ord. 1755-2003 §2(part), 2003).