§ 50-120. Theft of or tampering with utility equipment or utility service.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Customer means the person in whose name a utility service is provided.

(2)

Divert means to change the intended course or path of electricity, water, gas, telephone, or other utility service without the authorization or consent of the utility.

(3)

Person means any individual, partnership, firm, corporation or other association.

(4)

Reconnection means the commencement of utility service other than by the utility company, to a customer or other person after service has been discontinued by the utility.

(5)

Tamper means to rearrange, damage, injure, destroy, alter, interfere with or otherwise prevent from performing a normal or customary function.

(6)

Utility service means the provision of electricity, water, gas, telephone or other utility service.

(b)

Unlawful acts. It shall be unlawful for any person to commit, authorize, solicit, aid, abet or attempt any of the following acts:

(1)

Divert, or cause to be diverted, utility service by any means whatsoever.

(2)

Make, or cause to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility.

(3)

Prevent any utility meter, or other device used in determining the charge for utility service, from accurately performing its measuring function by tampering or by any other means.

(4)

Tamper with any property owned or used by the utility company to provide utility service.

(5)

Use or receive the direct benefit of all, or a portion, of the utility service with knowledge of, or reason to believe that, the diversion, tampering or unauthorized connection existed at the time of the use, or that the use or receipt was without the authorization or consent of the utility.

(6)

Advertise, manufacture, distribute, sell, use, rent or offer for sale, rental or use any device of any description, or any plan or kit, designed to obtain utility service, in violation of this section.

(7)

Obtain utility service by means of false representations, or fraudulent or deceptive actions, designed to avoid the payment of any outstanding lawful charges for any utility service.

(8)

Avoid the lawful charges, in whole or in part, for any utility service, by the use of any fraudulent or deceptive scheme, device, means or method.

(c)

Evidence of violation. It is prima facie evidence that a violation of this section exists if, on the premises controlled by the customer or by the person using or receiving the direct benefit of utility service, there is either or both of the following:

(1)

Any instrument, apparatus or device primarily designed to be used to obtain utility service without paying the full lawful charge therefor.

(2)

Any utility equipment that has been altered, tampered with or bypassed so as to cause no measurement or inaccurate measurement of utility service.

(Code of Gen. Ords. 1967, § 26.100; Ord. No. 930261, 4-8-93)

Cross reference

Gas and oil, ch. 32; sewers and sewage disposal, ch. 60; water, ch. 78; tampering with water mains, hydrants or appurtenances, § 78-33.