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2. Ordinance 1665 - Civil Infraction - Tampering with City Water Utility Property - 1st ReadingCharles A. Harball Office of City Attorney City Attorney 312 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 TO: Mayor Pamela B. Kennedy and Kalispell City Council FROM: Charles Harball, City Attorney Myrt Webb, Interim City Manager Tel 406.758.7708 Fax 406.758.7771 charball@kalispell.com SUBJECT: Ordinance No. 1665 — Tampering with City Water Utility Property to Become a Civil Infraction MEETING BATE: Monday, July 6, 2009 — Regular City Council Meeting BACKGROUND: Pursuant to Kalispell City Code 26-9 individuals who currently tamper with or make unauthorized connections to the water utility of the City of Kalispell are criminally liable for the commission of a misdemeanor. In practice, the issuance of or the threat of issuing a misdemeanor citation for tampering with or making an unauthorized connection to the water utility has not proven to be an effective deterrent or remedy to the transgression. This often occurs during construction and it is not clear who the person is who made the unlawful connection although the corporate entity is known. Also there is also the issue of collecting the fees for the water used, which is somewhat cumbersome in the criminal venue. The effect of making the offense a civil infraction will be to give the City the ability to also prosecute corporate entities and bring the matter into the civil division of Municipal Court where collection of the value of the utility services received may also be pursued. RECOMMCENDATION: That City Council move, pass and approve Ordinance No. 1665 on first reading. FISCAL I ACTS: This ordinance is anticipated to have some minor positive fiscal impact of deterring damage to city property and promoting consideration for city water usage. Respectfully submitted, Charles aAall;City Attorney Myrt Webb, Interim City Manager TAE►. , • PROPERTY,1 DECLARING DATE. WHEREAS, pursuant to Kalispell City Code 26-9 individuals who currently tamper with or make unauthorized connections to the water utility of the City of Kalispell are criminally liable for the commission of a misdemeanor; and WHEREAS, in practice, the issuance of or the threat of issuing a misdemeanor citation for tampering with or making an unauthorized connection to the water utility of the City of Kalispell has not proven to be an effective deterrent or remedy to the transgression; and WHEREAS, the effect of making the offense of tampering with or making unauthorized connections to the water utility of the City of Kalispell a civil infraction will be to give the City the ability to also prosecute corporate entities and bring the matter into the civil division of Municipal Court where collection of the value of the utility services received may also be pursued. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1 Kalispell City Code 26-9 is hereby amended to read as follows: Every person who, with intent to injure or defraud, shall: A. Break or deface the seal on any meter; or B. Obstruct, alter, injure or prevent the action of any meter or other instrument used to measure or register the quantity of water supplied to a consumer thereof; or C. Make any connection by means of a pipe, or otherwise, with any main or pipe used for delivery of water to a consumer thereof, in such manner as to take water from the main or pipe without its passage through the meter or other instrument provided for registering the amount or quantity consumed, or use any water so obtained; or D. Make any connection or reconnection with such main or pipe or turn off or on, or in any manner interfere with any valve, stopcock or other appliance connected therewith; or E. Prevent by the erection of any device or construction, or by any other means, free access to any meter or other instrument for registering or measuring the amount of water consumed, or to interfere with, obstruct or prevent, by any means the reading or inspection of such meter or instrument by any of the employees of the Water Department shall be deeffted guilty of a misdemeanef, and upon eenvietion thereefi, shall be punished charged with a civil infraction to be prosecuted under the provisions of Chapter 1, Article 2 of the Kalispell City Code. SECTION 2 This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. IVAA *f.yab7_N►1D7_»>11LUINaIM: are I�(�IYY'Ll7�1iI►C = ► � ► � ►� = • THIS DAY OF JULY, 2009. Pamela B. Kennedy Mayor I� Theresa White City Clerk