SMART Meters...Arrested...WTF?

[Tgace]

If she was in violation of a local code..i.e. "preventing access to customer premises"...that does change things. Local codes however are not a universal rule. We have no such code here and if I were the supervisor on the scene the power workers would have been informed that this was a civil matter.....

 

[Tgace]

Hmmmmm....this is Napervilles Own Municipal Code regarding utility enforcement.

http://library.municode.com/index.aspx?clientId=14853&stateId=13&stateName=Illinois

ARTICLE C. - ELECTRIC SERVICE RATES

8-1C-3: - TERMS AND CONDITIONS:

Sure enough in section 7:

7. Access To Premises: Properly authorized agents of the City shall have free access to the customer's premises at all reasonable hours for the purpose of reading, examining, inspecting, repairing, replacing, or removing the Department's meters or other equipment or property.

Fair enough...but further down in section 26, the all important Enforcement section:

26. Enforcement: When inspections on private property are necessary for purposes of enforcing the provisions of this Chapter or Title, the Director of the Department or his or her designee shall first attempt to secure the permission of the owner or legal occupant of the property. If permission is refused, or if the owner or occupant is unavailable, the Director or his or her designee, with the assistance of the City Attorney, shall apply to the appropriate court for the issuance of an administrative search warrant.

I can find nothing (didn't say it's not there...just cant find it) in their Electrical services code stating that violation of section 7 is punishable by fine or incarceration. The enforcement section of the code requires a warrant. Interfere with THAT and yes..then you can and should get yourself arrested.

Which reinforces what I have been saying about this case all along. The power company/Cop should have had a court order/warrant authorizing access to the property before arresting this woman.

 

[ballen0351]

Yeah if they didn't have a warrant they screwed up. I would think if there is already a law suit tho this issue was addressed. I would hope the city was smart enough to have gotten some type of court order prior and its just not in the story. If not she's getting paid