[Ord. No. 2844 §1, 10-16-2012]
As used in this Chapter, the following terms shall be defined
as otherwise provided in this Code except as follows:
PUBLIC UTILITY
Every cable television service provider, railroad, gas corporation,
electrical corporation, rural electric cooperative, telecommunications
company, water corporation, or sewer corporation providing service
within the City, whether publicly or privately owned, except such
term does not include City-owned and operated utilities to the extent
such actions required herein are redundant or unnecessary.
SAFETY EVENT
Includes, but is not limited to, the following:
1.
Any service outage, cut, rupture, leak, contamination or other
failure of a public utility facility not approved in advance by any
applicable permit from the City that:
a.
Prevents or significantly jeopardizes the ability of a public
utility to provide service to two (2) or more customers within the
City and which such service outage or limitation lasting or likely
to last in excess of one (1) hour; or
b.
That results or reasonably could result in danger to the public,
excavation in or obstruction of any portion of rights-of-way or public
land, or a material delay or hindrance to the provision of service
to the public; or
2.
Any occurrence involving a public utility that a reasonable
person would conclude poses a risk to health, safety, and welfare
of the public or individuals if notification to the public, customer
or other affected persons is not made, such dangers including, but
not limited to, boil water events, down electrical lines or area-wide
power outages, ruptured or leaking pipes, and gas leaks.
[Ord. No. 2844 §1, 10-16-2012]
A. All
public utilities providing service in the City or using the City's
rights-of-way or public lands are subject to the following requirements,
except as may otherwise be provided by law:
1. Maintain on file with the City Clerk the name and contact information
(including phone number, mail, and email address) for a person who
has responsibility over emergency management and, if different, contact
information for a person the City should first (1st) contact in cases
of safety events or emergencies. Such designee shall be responsible
for ensuring compliance by the public utility with the obligations
imposed by this Chapter;
2. Whenever the public utility has reason to believe a safety event
or emergency exists within the City, within one-half (½) mile
of the City or otherwise could reasonably affect the City's residents
or businesses, a representative of the public utility shall immediately
contact the Police Department dispatch and inform the City of the
existence or possible existence of a safety event or emergency, the
nature and location of such safety event or emergency, and the actions
the public utility is taking to abate the safety event or emergency
conditions; and
3. The City and public utility shall communicate and cooperate in order
to address any safety event or emergency in the most efficient and
safe manner to best protect the health, safety, and general welfare
of the City's residents.
[Ord. No. 2844 §1, 10-16-2012]
Any person or entity violating any provisions of this Chapter
shall, upon conviction, be punished by a fine not exceeding five hundred
dollars ($500.00) or by imprisonment not exceeding three (3) months,
or by both such fine and imprisonment for each such offense. A separate
offense shall be deemed committed on each day during or which a violation
occurs or continues.