(A) In order to protect the town's electric distribution system, to protect the consuming public, to prevent the theft of electric energy, and to prevent the dangerous and destructive practice of tampering with the electric meters and other electric facilities of the town, the following civil penalties are hereby established:
(1) A penalty in the amount set forth in § 52.99 for breaking, removing, or replacing a town electric meter seal or disconnecting or reconnecting town electric service for the purpose of working on the service without notice to, and approval by the Superintendent of Utilities is hereby established. Any consumer who, with the approval of the Superintendent of Utilities, reconnects or has his service reconnected to the town electric system, and fails to have the service inspected by the County Electrical Inspector within a period of five working days, or upon inspection, such work as was done should fail electrical inspection, shall be subject to immediate disconnection from the town electric system, and shall be liable to the town for all costs incurred during disconnection and reconnection of said service.
(2) A penalty in the amount set forth in § 52.99 for altering, tampering with, removing, or replacing a town electric meter for the purpose of obtaining service after service has been disconnected for non- payment of electric bills rendered, is hereby established.
(3) A penalty in the amount set forth in § 52.99 for the jumpering of a meter base, the attachment to any existing service entrance or service cable, or the obtaining of electric power by any other means, after the town has removed the electric meter from said service, is hereby established.
(4) A penalty in the amount set forth in § 52.99 for straight wiring, jumping, or by any other means obtaining electric service from an existing service pole or pedestal without benefit of an electrical inspection by the County Electrical Inspector, or prior approval of the Superintendent of Utilities, is hereby established.
(5) A penalty in the amount set forth in § 52.99 for altering the registration of an electric meter by the use of any electronic or mechanical means, or the obtaining of electric power by any means when power is obtained by bypassing registration of the electric meter, is hereby established.
(6) All cases not covered by the specific situations as noted above, will be judged on an individual basis and treated accordingly.
(B) In addition to the civil penalties set forth in (A) above, the offending party shall pay all costs incurred by the town by reason of damage to its equipment.
(C) In addition to the civil penalties and costs provided in (A) and (B) above, the conduct described in (A) above shall subject the offending party to immediate disconnection of town electric service if the offending party is an electric customer of the town.
(D) The civil penalties and costs herein provided shall be imposed by the Superintendent of Utilities or his designated agent. The Superintendent of Utilities shall give written notice to the offending party of the specific violation found to have occurred; the amount of the civil penalty imposed for such an offense; the time within which, after notice to the offending party is received, the civil penalty and costs must be paid; that if the penalty and costs are not paid within such time the town will seek to recover said penalty in a civil action; and that the offending party is entitled to a hearing before the Town Manager if the party so desires. At such a hearing, the party shall be entitled to be represented by anyone of his choosing and the Town Manager shall have authority to reverse the decision of the Superintendent of Utilities.
(E) Any offending party whose electric service has been discontinued by the town pursuant to this section shall not be eligible for reconnection to the town electric service, either at the point of infringement or at any other location on the town electric system, until the civil penalty imposed and all costs have been paid in full. However, exceptions may be made by the Superintendent of Utilities in the event of emergency which would endanger the life or health of the offending party. All applications for reconnection of town electric service shall be made to the Superintendent of Utilities.
(F) Any person upon whom any civil penalty or costs is imposed shall have the right of appeal from the action taken by the Town Manager directly to the Board of Commissioners of the town.
(Ord. 77-78-14, passed 2-13-78) Penalty, see § 52.99