As used herein, the word “person” shall extend and
be applied to associations, corporations, firms, partnerships and
bodies politic and corporate, as well as to individuals.
(Ordinance 05-088, sec. 1, adopted 7/26/05)
Unless written permission is first obtained from the director
of public works of the city, it shall be unlawful for any person,
other than an officer or employee of said city, to knowingly or intentionally:
(1) Tap onto or connect or cause to be tapped onto or connected any pipe
with any water distribution main or line owned by said city;
(2) Disconnect or cause to be disconnected any such water meter from
any such water distribution main or line owned by said city; or
(3) Remove or cause to be removed the cover from any such water meter.
(Ordinance 05-088, sec. 1, adopted 7/26/05)
In the event any pipe is found to have been tapped onto or connected with any such water distribution main or line, or if any such water meter be found to have been disconnected from any such water distribution main or line, or if the cover of any such water meter be found to have been removed, or the finding at any time of any fact, circumstance or condition on or about any such water meter or water distribution main or line tending to show or evidencing that such act or acts have been committed or performed in violation of any portion or provision of this division, the same shall be and constitute prima facie evidence and a rebuttable evidentiary presumption of knowledge on the part of the person having subscribed for water service through any such water meter or the person having the custody, control or management of the building, room, or place for which such subscription is made of the performance or commission of any such act or acts prohibited under the terms and provisions of section
20.04.072 that such subscriber or other person performed or committed such act or acts or caused or occasioned the performance or commission of the same, and shall bring such subscriber or other person prima facie within the scope, meaning and penalties hereof.
(Ordinance 05-088, sec. 1, adopted 7/26/05)
(a) Tampering with or damaging electric meters, systems or services.
A person commits an offense if, without the written permission
of the general manager of GEUS or his or her designee, he or she knowingly,
within the city, tampers with, damages or destroys an electric meter
or equipment.
(b) Illegal connection to electric system.
A person commits
an offense if, without the written permission of the general manager
of GEUS or his or her designee, he or she knowingly, within the city,
connects to the electric distribution system illegally, such as by
connects to electric service by cutting meter seals; or connects service
ahead of the meter, such as not to record usage; or to disrupt the
function of the meter by any act, in any manner.
(c) Obstruction of city access to electric meter for purpose of reading,
maintenance, repair or removal.
A person commits an offense
if, after either oral or written notification, they continue to obstruct
the city access to an electric meter. Obstruction to an electric meter
will consist of, but not be limited by, the following:
(1) Building a fence or other object that obstructs access;
(2) Obstructing access by knowingly placing aggressive animals near an
electric meter; or
(3) Knowingly planting or growing bushes, shrubs, trees, landscaping
or any other item that prevents the ready reading, maintenance or
repair of an electric meter.
(d) Certain conditions creating prima facie evidence of tampering or
illegal connection to electric system.
For purposes of this section, it is prima facie evidence that a person has tampered, damaged or destroyed an electric meter, or illegally connected to the electric system under subsection
(a) or
(b) above, if the person is a customer, owner, tenant or person in control of the premises and:
(1) Electricity is prevented from passing through an electric meter used
or furnished by the city to supply electric service to the premises;
(2) An electric meter used or furnished by the city is prevented from
correctly registering the quantity of electricity supplied to the
premises;
(3) Electricity is diverted to or bypassed by the use of a device, from
or around an electric meter, wire, or other connection of the city;
(4) A conversion or misappropriation of electricity by any form of connection
to the electric system which is not metered; or
(5) An electric meter of the city used for service to the premises is
removed.
(e) Prima facie evidence of knowledge.
The existence on
premises of a device used for any of the unlawful purposes stated
in this section shall constitute prima facie evidence of knowledge
of the unlawful purpose on the part of the customer, owner, tenant
or person in control of the premises.
(f) Culpability.
A person is criminally responsible for
a violation of this section if the person commits or assists in the
commission of a violation; or is a customer, owner, tenant, or other
person in control of the premises determined to be the source of a
violation.
(g) Separate offense.
A separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
(h) Penalties.
Any person who violates subsection
(a) or
(b) of this section shall, upon conviction, be punished by a fine not to exceed the amount as provided by section
1.01.009 of this code. A person who violates subsection
(c) of this section shall, upon conviction, be punished by a fine not to exceed the amount as provided by section
1.01.009 of this code.
(i) Civil jurisdiction.
This section may be enforced by
civil court action as provided by state and federal law.
(j) Employees exempt.
City and/or GEUS employees, acting
in their official capacity as such employees, are excluded from compliance
with this section.
(Ordinance 05-088, sec. 1, adopted 7/26/05)