[HISTORY: Adopted by the Borough Council of the Borough of
Tarentum 5-3-2018 by Ord. No. 18-01. Amendments noted where applicable.]
This chapter shall be known and cited as the "Theft of Services
Ordinance."
It is the intent and purpose of this chapter to prohibit any
person from misappropriating certain services provided in the Borough.
This chapter is enacted pursuant to Pennsylvania Act 37 of 2014,
as amended.
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
Any apparatus used by a person in furnishing services to
the public, including but not limited to electric power lines and
poles, wires, cables, pipes, mains or other conductors or conduits
used for the supplying and/or transmission of such services to the
public.
An individual, partnership, corporation or other legal entity.
The furnishing to the public, by either a private or public
person, any of the following: water, steam, sanitary sewer, electricity,
gas, cable, radio, internet or television communications/transmissions
or telephone or telegraph communications/transmissions.
It shall be unlawful for any person to appropriate for its own
use any services, without paying for said services such fees, costs,
rates or charge to the person furnishing such services.
It shall be unlawful for any person to utilize the facilities
of a person furnishing services to the public unless prior consent
from the owner of such facilities, or its authorized agent, has been
obtained.
It shall be unlawful for any person to damage, tamper with,
connect to, or otherwise alter any facilities of a person furnishing
services to the public, unless prior consent from the owner of such
facilities, or his authorized agent, has been obtained.
It shall be unlawful for any person to damage, tamper with,
connect to, or otherwise alter any facilities of a person receiving
services, unless prior consent from the provider of such facilities,
or his authorized agent, has been obtained.
A.
Any person who violates any section of this chapter shall be guilty
of a misdemeanor, punishable by imprisonment for not more than 90
days or a fine of not more than $1,000 or both in the discretion of
the court.
B.
Each and every day on which a violation of this chapter continues
shall constitute a distinct and separately punishable violation.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
This chapter shall take effect on the 30th day following adoption
as required by law.
