[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 4-1-1996 by L.L. No. 3-1996. Amendments noted where applicable.]
It is the purpose and intent of this chapter to establish an orderly procedure for utility companies to enter into the premises of a Town of Cheektowaga resident for the purposes of examining its utility lines, repair, inspection and removal of unauthorized connections while maintaining the resident's right to privacy and protection of their private property.
Provisions of this chapter will not prohibit utilities who have legitimate easements gained through duly authorized legal procedures from entering onto the premises of a resident pursuant to said easement to exercise the rights acquired under that particular easement.
As used in this chapter, the following terms shall have the meanings indicated:
- A document signed by a resident and the representative of the utility authorizing the utility to enter onto the premises to carry out the service call.
- A dwelling, apartment, townhouse, leasehold, store, commercial building or any other structure.
- Shall include individuals residing at the premises, owners, operators of businesses and any other person who has a legitimate purpose and authority to consent on behalf of the owner or leaseholder of a premises.
- A recognized public utility, including but not limited to telephone, electric companies, water authorities, cable companies, natural gas providers and other utilities providing services to a premises in the Town of Cheektowaga.
It shall be unlawful for any utility to engage in the practice of entering a premises through the means of false service call or subterfuge in order to gain access to a premises without the consent of a resident. All entries into a premises of a resident of Cheektowaga by a public utility shall be made only after obtaining the consent of a resident or a party authorized to consent on his/her behalf.
It shall be unlawful for a utility without the consent of the owner to remove any installation or wiring in such a manner as it should cause destruction to the premises of a resident. In the event that a resident consents to the removal of the installation done without the authorization of the utility, then the utility must restore the premises to the condition it was in before the removal of the unauthorized installation.
This chapter shall be enforced by members of the Cheektowaga Police Department and the Department of Buildings and Inspections of the Town of Cheektowaga.
In addition to any other penalties that may be involved under this chapter, any violation by person, firm, corporation of any provision of this chapter shall be deemed an offense punishable by fines not to exceed $500 or imprisonment for a period not to exceed 15 days, or both.
Any person who takes part in or assists in any violation of this chapter shall be subject to the penalties provided herein.