1. It shall be unlawful for any person or persons to grade, excavate or otherwise cause the diversion of the waterway along the Virgin and Santa Clara Rivers without first obtaining a permit from the city engineer.

2. For purposes of this section, the term “waterway” shall be defined as areas subject to actual or potential flooding and erosion resulting from the flood on January 9th through 12th, 2005, or any area as recorded in the city engineer’s office.