[HISTORY: Article I adopted by the Township Committee (now
Council) of the Township of Jackson as indicated in article histories.
Subsequent articles adopted by the Township Council as indicated in
article histories. Amendments noted where applicable.]
[Adopted 8-23-1982 by Ord. No. 40-82 (Ch. 73A, Art. I, of
the 1972 Code)]
The Township Committee of the Township of Jackson finds and
declares that the termination of service to residential customers
of unregulated utilities supplying liquefied petroleum (gas) to such
customers who require such gas for heating, cooking or other utility
purposes imposes a severe burden on such customers and, in certain
circumstances, may cause severe health problems to residential customers
of such unregulated utilities, and the Township Committee is of the
opinion that the adoption of this article is necessary for the preservation
of public health, safety and welfare of the inhabitants of the Township
of Jackson and is necessary and proper for good government, order
and the protection of persons and property.
The provisions of this article shall apply to unregulated utilities
and companies supplying liquefied petroleum gas (propane) to residential
customers for home heating or cooking purposes.
At least 10 days' time for payment shall be allowed after
sending a bill for the providing of liquefied petroleum gas (propane)
to a residential customer. An unregulated public utility or company
may discontinue service to such customer for nonpayment of bills,
provided that it gives to such residential customer at least 10 days'
written notice of its intention to discontinue. The notice of discontinuance
shall not be served until the expiration of the ten-day period of
time for payment as aforesaid. However, in case of fraud, illegal
use or when it is clearly indicated that the customer is preparing
to vacate the premises, immediate payment of account may be required.
An unregulated utility or company supplying liquefied petroleum
gas (propane) to a residential customer shall not discontinue service
because of nonpayment of bills in cases where a charge is in dispute,
provided that the undisputed portion of any such charges are paid.
In such case, the unregulated public utility shall take the appropriate
legal action to collect the disputed portion of any such bill. Whenever
a residential customer advises the unregulated public utility or company
prior to the date of a proposed discontinuance for nonpayment that
he wishes to discuss a deferred payment agreement because he is presently
unable to pay a total outstanding bill, said utility or company shall
make a good faith effort to provide the customer with an opportunity
to enter into a reasonable deferred payment agreement.
A.
In no event shall any unregulated public utilities or companies supplying
liquefied petroleum gas (propane) be required to accept a deferred
payment plan unless it meets the following minimum requirements:
(1)
An initial payment of at least 25% of the past due amount subject
to the deferred payment plan payable on an immediate basis.
(2)
A maximum of three monthly installment payments of at least 25% of
the unpaid charges with the first such installment due 30 days after
payment of the initial payment.
(3)
A monthly surcharge of 1 1/2% of the customer's outstanding
balance following payment of the initial payment or any installation
payable at the time that each installment is due.
B.
In the event that any residential customer fails to comply with a
deferred payment plan, the unregulated public utility or company providing
liquefied petroleum gas (propane) service may discontinue such service
on an immediate basis with no further notice to the residential customer.
In the event that the entire unpaid balance of the utility bill is
paid by the residential customer, said unregulated public utility
or company shall be required to reinstate utility service to the residential
customer.
Any person, firm or corporation who shall violate a provision
of this article or fail to comply therewith shall, for each and every
such violation and noncompliance, be subject to a fine not to exceed
the sum of $500 or shall be imprisoned for a period of not more than
90 days, or both, in the discretion of the Judge before whom such
conviction is had. Each day that such violation is permitted to exist
shall constitute a separate offense.
