[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 4-1-1996
by L.L. No. 3-1996. Amendments noted where applicable.]
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
Any person who takes part in or assists
in any violation of this chapter shall be subject to the penalties provided
herein.
