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No customer shall, during those peak demand hours established by the Mayor pursuant to Section 131.05, make, cause or permit any use of electricity energy provided by the Department in a manner which is contrary to the provisions of Subsections a through f of this section.
a. Outdoor Advertising and Decorative Lighting. Any use of electrical energy for the following purposes is prohibited:
(i) to light billboards or signs;
(ii) to advertise goods or services;
(iii) to identify the providers of goods or services;
(iv) to display goods, objects, or designs symbolic of commercial enterprises, trademarks, or logo;
(v) to operate motors or devices to rotate or move advertising signs;
(vi) to operate pumps or other devices in fountains which are primarily decorative;
(vii) to operate building floodlighting, architectural or decorative lighting, or lights used for landscaping;
(viii) any other purpose similar to items (i) through (vii) above.
b. Functional Outdoor Lighting. Any use of electricity energy for the floodlighting of outdoor commercial areas, including, but not limited to, service stations, used car lots, new car lots, automobile parking lots, or similar businesses is prohibited.
c. Comfort Heating and Cooling. Any use of electricity energy for the following purposes is prohibited:
(i) to provide space heating to raise the temperature in any occupied establishment, building, structure or residence above 65° F or, if unoccupied, above 55° F;
(ii) to provide space cooling for unoccupied areas or to lower the temperature in any occupied establishment, building structure or residence below 85° F;
(iii) notwithstanding (i) and (ii) above, to heat or cool vacant hotel, motel, banquet, convention, recreational, or similar guest accommodation facilities
(iv) notwithstanding (i) and (ii) above, to heat sleeping facilities, including residences, above 55° F during sleeping hours.
During periods of extreme capacity shortages as determined by the General Manager, the Mayor may, by following the procedures established in Section 131.05, order that the use of heating and air conditioning equipment be discontinued or that they be set at a temperature setting to be designated in the order during peak demand hours, except in those buildings where this section would close off all ventilation.
d. Indoor Business Lighting. The use of electricity is prohibited for window displays and for lighting the interior of any business establishment during that period of time that said establishment is not carrying on the usual and customary activities of that business, provided, however, that a business establishment may provide sufficient illumination to carry out ordinary and customary maintenance and janitorial services.
e. Swimming Pool Timer. Timers associated with private swimming pool pumps and filtration equipment maintained by an individual for the use of the individual’s family and friends shall not be set to operate such equipment during the peak demand hours.
f. Nonessential Uses of Electricity. All nonessential uses of electricity during the peak demand hours shall be deferred to nonpeak hours. Such uses include, but are not limited to, use of appliances such as clothes washers and dryers, dishwashers, hydro- message comfort pools, and unneeded lighting.
Section
134.01 Enforcement.
134.02 Penalties.
134.03 Notice.
134.04 Hearing.
134.05 Reservation of Rights.
134.06 Relief from Compliance.
134.07 Department Not to Discriminate.
134.08 Public Health and Safety Not to Be Affected.
134.09 Powers of the Department.
134.10 Citizens Advisory Committee.
134.11 Severability.
It shall be unlawful for any customer to fail to comply with any of the provisions contained in Article II or Article III of this chapter. Notwithstanding any other provisions of the Los Angeles Municipal Code the penalties set forth herein shall be exclusive, and not cumulative with any other penalty prescribed in any other section of this Code. The penalties for failure to comply with any of the provisions of this chapter shall be as follows:
a. Violations of the Provisions of Article II.
(i) On the first and second violations by any customer, a warning notice of the fact of such Article II violations shall be issued by the Department and delivered to the customer as provided herein, and if the violation is of Subsections a, b, c, d, e, or f of Section 132.01 hereof or of Section 132.02 hereof and the customer fails to comply promptly with the requirements of this chapter after receiving notice of said violation, the Department shall terminate service to said customer until such time as compliance thereto is assured, as determined by the Department in its sound discretion. If the violation is of Subsections h, i, or j of Section 132.01, a surcharge for the 1st and 2nd violations shall be made to the customer in an amount equal to not less than ten percent (10%) nor more than one-hundred percent (100%) of that customer’s electrical bill for the billing period during which the violation occurred in accordance with the following schedule:
(Ten Percent (10%) Reduction Required):
Reduction Achieved | 1st Violation Surcharge | 2nd Violation Surcharge |
8% but less than 10% | 10% | 20% |
6% but less than 8% | 20% | 40% |
4% but less than 6% | 30% | 60% |
2% but less than 4% | 40% | 80% |
less than 2% | 50% | 100% |
Commercial/lnstitutional Customers
(Twenty Percent (20%) Reduction Required):
Reduction Achieved | 1st Violation Surcharge | 2nd Violation Surcharge |
16% but less than 20% | 10% | 20% |
12% but less than 16% | 20% | 40% |
8% but less than 12% | 30% | 60% |
4% but less than 8% | 40% | 80% |
less than 4% | 50% | 100% |
(ii) For a third violation by any customer during the effective dates of the particular Phase during which the violation occurred or during the preceding twelve (12) calendar months, whichever is the shorter the Department shall access a surcharge where applicable equal to that scheduled for a second violation and shall discontinue electrical service to that customer at the premises at which the violation occurred for a period of two (2) days, upon the giving of notice of the third violation to said customer in the manner herein set forth.
(iii) For a fourth violation by any customer, during the effective dates of the particular Phase during which the violation occurred or during the preceding twelve (12) calendar months, whichever is the shorter the Department shall assess a surcharge where applicable equal to that scheduled for a second violation and shall discontinue electrical service to that customer at the premises at which the violation occurred for a period of five (5) days, upon the giving of notice of such violation to said customer in the manner herein set forth.
(iv) For each subsequent violation by any customer during the effective dates of the particular Phase during which the violation occurred or during the preceding twelve (12) calendar months, whichever is the shorter, the Department shall access a surcharge where applicable equal to that scheduled in a second violation and shall discontinue electrical service to that customer at the premises at which the violation occurred for a period of not less than five (5) days or more than thirty (30) days, as determined by the General Manager.
b. Violations of Provisions of Article III. The Department shall discontinue service to a customer for non-compliance with any of the provisions contained in Article III hereof if, after notice as provided herein, a customer has not initiated compliance or sought a hearing regarding such notice. Service will be restored only after the customer has established compliance with the provision of Article III hereof.
c. Service Charge. The Department shall have the right to recover from the customer all reasonable expenses incurred by the Department in disconnecting and reconnecting the customer’s service pursuant to the provisions of this chapter and the Department’s rules and regulations adopted pursuant thereto.
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