2. Ordinance 1665 - Civil Infraction - Tampering with City Water Utility Property - 2nd ReadingCharles A. Harball
City Attorney
City of Kalispell
Office of City Attorney
312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
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
charballC kalispell.com
SUBJECT: Ordinance No. 1665 — Tampering with City Water Utility
Property to Become a Civil Infraction — 2nd Reading
MEETING DATE: July 20, 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.
RECOMMENDATION: That City Council move, pass and approve Ordinance No.
1665 on second reading.
FISCAL IMPACTS: 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 "aVXitry Attorney Myrt Webb, Interim City Manager
ORDINANCE NO.1665
AN ORDINANCE AMENDING KALISPELL CITY CODE 26-9 TO DECRIMINALIZE
THE ENUMERATED VIOLATIONS OF TAMPERING WITH CITY WATER UTILITY
PROPERTY, MAKING SUCH VIOLATIONS CIVIL INFRACTIONS AND
DECLARING AN EFFECTIVE 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 deemed guilty f . sde and upon eafi7vietion thereof-, 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.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 20TH DAY OF JULY, 2009.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk