City of Madison - File #: 11955

• File #: 11955
• Version: 1
• Name: Tampering - Water Utility
• Type: Ordinance
• Status: Passed
• File created: 9/9/2008
• In control: WATER UTILITY BOARD
• On agenda: 10/7/2008
• Final action: 10/7/2008
• Enactment date: 10/24/2008
• Enactment #: ORD-08-00117
• Title: Creating Section 13.205 and amending Section 1.08(3)(a) of the Madison General Ordinances to prohibit tampering with Water Utility mains and to establish a bail deposit for a violation.
• Sponsors: Lauren Cnare, Michael Schumacher

Date	Ver.	Action By	Action	Result
10/7/2008	1	COMMON COUNCIL	Adopt	Pass
9/23/2008	1	WATER UTILITY BOARD	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
9/16/2008	1	COMMON COUNCIL	Referred
9/9/2008	1	Attorney's Office/Approval Group	Referred for Introduction

Fiscal Note

Revenue from this ordinance will be received by the Municipal Court.  These revenues are anticipated to be relatively minor due to the rarity of violations.

Title

Creating Section 13.205 and amending Section 1.08(3)(a) of the Madison General Ordinances to prohibit tampering with Water Utility mains and to establish a bail deposit for a violation.

Body

DRAFTER'S ANALYSIS:  This amendment prohibits a person from making a connection to a pipe, service, facility or an appurtenance owned by the Madison Water Utility.  It also prohibits turning valves or cocks without authorization of the Water Utility Manager or their designee.  Violators are subject to a penalty of not less than $200 nor more than $2000.  This amendment establishes a bail deposit for a violation.

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The Common Council of the City of Madison do hereby ordain as follows:

      1.      Section 13.205 entitled "Tampering with Water Utility Mains and Property" of the Madison General Ordinances is created to read as follows:

"13.205      TAMPERING WITH WATER UTILITY MAINS AND PROPERTY.

(1)      No person shall modify, tamper with or in any manner interfere with, or make any connection to any Madison Water Utility pipe, service, or owned facility or any other appurtenance without the authorization of the Water Utility Manager or his or her agent unless authorized by law.

(2)      No person shall turn any valve or corporation cock without the authorization of the Water Utility Manager or his or her agent unless authorized by law.

(2)      Any person violating this section may be subject to a forfeiture of not less than two hundred dollars ($200) nor more than two thousand dollars ($2000) each day or portion thereof shall be considered a separate violation."

2.      Subdivision (a) of Subsection (3) entitled "Schedule of Deposits" of Section 1.08 entitled "Issuance of Citations for Violations of Certain Ordinances and Providing a Schedule of Cash Deposits" of the Madison General Ordinances is amended by creating the following:

"Tampering with water utility mains            13.205            $300, 1^st

and property.                                          $500, 2nd in 5 yrs

$1000, 3rd /sub. in 5 yrs"

EDITOR'S NOTE:      New bail deposits must be approved by the Municipal Judge prior to adoption.  This deposit has been so approved.