3.2. SR 10-11-2010i
~® ITEM NUMBER
City Council 3.2.
P'\GENDA SECTION IvIEETING DATE PREPARED BY
Consent October 11, 2010 Troy Adams, P.E. - ERMU Director
of O erations
ITEM DESCRIPTION REVIEWED By
Meter Tampering Ordinance Peter Beck, Ci Attorne
REVIEWED BY
Lori ohnson, Ci Administrator
~-CTI®N B~EQUE$TED
Council motion approving the addition of the proposed new Article IV ELECTRIC SYSTEM to Chapter
78 UTILITIES of the CODE OF ORDINANCES for the City of Elk River. This proposed new Article
IV ELECTRIC SYSTEM includes Section 78-341 METER TAMPERING and Section 78-351
PENALTIES.
BACKGROUND/DlscussloN
Over the past few years, there has been an increase is instances where electric meters have been
disconnected, reconnected, or tampered with without authorization by Elk River Municipal Utilities.
This is of concern fox multiple reasons. The handling of electrical equipment requires training, proper
tools, and proper personal protective safety equipment. Electricity can be dangerous. Elk River
Municipal Utilities does not want any person without authorization, training, and proper safety
equipment handling electrical meters because of the safety risks. Tampering with ERMU equipment by
unauthorized personnel often will result in damage to the equipment. Also, tampering with ERMU
metering equipment may also be an indicator of theft of power. For these reasons, there is need for a
deterrent for unauthorized personnel to tamper with ERMU metering equipment. Per legal counsel, this
deterrent is strengthened by adopting it into City Code. Attached is a proposed meter tampering
ordinance that would provide this deterrent through a $250 civil penalty, liability for repair costs, and
prosecution as a misdemeanor. Currently, there is not an article in the City Code in Chapter 78
UTILITIES for the electric utility. This proposed meter tampering ordinance is included with a new
article for Chapter 78. This new article is designed to provide the frame work that will allow for the
addition of future electric utility specific ordinances. The proposed article and meter tampering
ordinance were approved by the Utilities Commission on September 15, 2010 to be presented to the City
Council for review and consideration.
FINANCIAL IMPACT
When violations of the proposed section 78-341 METER TAMPERING occur and the civil penalty is
applied or misdemeanor offense is pursued, there would be cost associated with City staff time.
However, the overall financial impact to the City is believed to be minimal.
l1TTACHME6~IT$
® Proposed Chapter 78 UTILI'T'IES Article N ELECRIC SYSTEM.
ORI3INANCE N®. 1p-
CITY OI+, ELK VER
AN O I)INANCE OF THE CITY ®I+' ELK RIVER AIVIENIING C APTER 78
OI+' TI-IE CITY OI;' ELK RIVER CODE QF' ®RI?INANCES TO A ANEW
ARTICLE IV I' ®VIING rOR OPE TI®N ®I~' T E CITY ELECT CAL
SYSTEM
The City Council of the City of Ellc River does hereby ordain as follows:
Section 1. That a new Article IV shall be added to Chapter 78 of the Elk River City
Code of Ordinances, to read as follows:
ARTICLE IV. ELECT C SYSTEM
DIVISION 1. GENERALLY
Section 78-311. ®peration of Electric System.
The City Electric System shall be operated and maintained by the Elk
River Municipal Utilities (ERMU), which may enter into such agreements as it
deems appropriate with the City to assist in the operation and maintenance of the
Electric System.
Section 78-312. Rules and Regulations.
ERMU shall have the authority to adopt such rules and regulations for
operation and use of the Electric System as it shall deem appropriate. Such rules
and regulations shall be valid and enforceable, to the extent they are consistent
with other law, including this Code.
DIVISION 2. PROVISION OF ELECTRIC SERVICE
Section 78-321. Rules and Iegulations.
ERMU shall have the authority to establish rules and regulations for the
provision of electric service to properties within ERMU's service area in the City
of Elk River, including requirements for deposits or other security to secure
payment for electric service or other fees.
DIVISION 3. RATES AND CHARGES
Section 78-331. Rates and Charges.
ERMU shall have the authority to establish rates and charges for the
provision of electric services.
DIVISION 4. PROHIBITIONS AND PENALTIES
Section 7$-341. Il~Ieter 'Tampering.
No customer of ERMU, or any other person not authorized by ERMU,
shall at any time attempt to connect or disconnect electrical service to a property,
nor shall any person break the seal on a meter, remove a meter, reverse the meter
direction, add additional equipment that bypasses an electric meter, set a bypass
arm up instead of down, or in any other way tamper or interfere with an electric
meter or the operation of an electric meter.
Section 78-351. Penalties.
Violation of any of the provisions of this Chapter 78, Article IV of the Elk
River City Code of Ordinances will be cause for ERMU to discontinue electric
service to the customer or property where the violation has occurred. In addition,
customers or persons who have violated Section 78-341, Meter Tampering, shall
be subject to a $250 civil penalty and shall be liable to ERMU for all of ERMU's
cost to repair its facilities, including costs of mobilization to the address where
the repair is necessary. Violations of Section 78-341 shall also be a misdemeanor
offense under the provisions of this City Code of the City of Elk River.
Section 2. That this Ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this day of
2010.
Stephanie Klinzing
Mayor
ATTEST:
Tina Allard
City Clerk
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