A. A person or business entity or agent of the person or business entity who violates this article may be subject to a civil penalty in an amount not to exceed five thousand dollars to be imposed by the court in favor of the state to be deposited in the general fund.

Terms Used In Arizona Laws 40-360.44

  • business entity: means those parties that contract to perform any function or activity on any land, building, highway or other premises. See Arizona Laws 40-360.41
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • High voltage: means voltage in excess of six hundred volts measured between conductors or between a conductor and the ground. See Arizona Laws 40-360.41
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Overhead line: means all bare or insulated electrical conductors installed aboveground. See Arizona Laws 40-360.41
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Public utility: includes public service corporations, municipally owned systems and districts subject to article XIII, section 7, Constitution of Arizona. See Arizona Laws 40-360.41

B. If a violation of this article results in physical or electrical contact with any high voltage overhead line, the person or business entity violating this article is liable to the public utility operating the high voltage overhead line for all damages to the facilities and all costs and expenses, including damages to third persons, incurred by the public utility as a result of the contact.

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