(1)  Any responsible party who causes, permits, or allows a function or an activity in violation of any provision of this chapter is subject to a civil penalty in an amount not to exceed $1,000, to be imposed by any court of competent jurisdiction against this party and in favor of the state. If imposed, the fine shall be paid into the General Fund.

Terms Used In Utah Code 54-8c-4

  • 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 600 volts measured between:
(a) conductors; or
(b) a conductor and the ground. See Utah Code 54-8c-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Overhead line: means all bare or insulated electrical conductors installed above the ground. See Utah Code 54-8c-1
  • Public utility: means any entity that generates, transmits, or distributes electrical energy, including any:
    (a) public utility as defined in Title 54, Chapter 2, General Provisions;
    (b) municipality as defined in Title 10, Utah Municipal Code;
    (c) agricultural cooperative association as defined in Title 3, Uniform Agricultural Cooperative Association Act;
    (d) improvement district as defined in Section 17B-1-102; or
    (e) entity created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 54-8c-1
  • Responsible party: means any person who contracts to perform, is responsible for the performance of, or has control over, any function or activity at any location. See Utah Code 54-8c-1
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (2)  Actions to recover the civil penalty under this section shall be brought by a public utility or the county attorney of the county in which the violation occurs.

    (3)  A responsible party is liable to the public utility operating the high voltage overhead line for all damages to the facilities and for all liability incurred by the public utility as a result of any contact if:

    (a)  the responsible party causes, permits, or allows a function or an activity in violation of any provision of this chapter; and

    (b)  as a result, a physical or electrical contact with a high voltage overhead line occurs.

    Enacted by Chapter 250, 1988 General Session