The Apopka City Council voted 4-1 Wednesday to approve an ordinance that establishes fines for unauthorized tampering of utility meters. Commissioner Nick Nesta voted in opposition.  

If the City Council has a second reading and adopts the ordinance, it would establish the following fines for the violation: first offense, $250; second offense, $500; third offense, cut off of services.  

The fines are meant to deter potential violation of the system equipment and to recover the cost incurred to repair the meter, according to Blanche Sherman, city finance director.  

Sherman also explained that the city’s Public Works Department determines meter tampering through work orders and informs the finance department for billing.  

Nesta objected to the ordinance due to the fairness in enforcement, the lack of data showing meter tampering is a significant problem, questions about the burden of proof, and skepticism that the ordinance would lower water rates as intended.  

Sherman clarified that turning off valves during emergencies is not considered tampering. 

Commissioner Alexander H. Smith asked if developers will be fined for moving meters, to which Sherman said that developers will be fined similarly to customers.  

City attorney Cliff Shepard explained that the ordinance is legally defensible and applies fines for meter tampering equally to developers and customers. Also, he said that violations are typically attached to the property, not just the individual, and the ordinance’s main goal is to deter tampering rather than generate revenue. 

“If it’s code enforcement, the magistrate in your case, because sometimes it’s a code board that makes a determination based on the credibility of the witness in the evidence,” Shepard said. “And it goes from there.” 

The second reading and adoption of the ordinance will be done at a later date.