(Code 1983, § 12-6; Ord. No. B-293, §§ 1, 2, 8-27-1981)
(a)
A person commits "theft" if with the intent to avoid payment for any service that such person knows is provided only for compensation:
(1)
Such person intentionally or knowingly secures performance of a city service by deception, threat, false token, or fraudulent representation; or
(2)
Having control over the disposition of services of another to which such person is not entitled, such person intentionally or knowingly diverts the other's services to such person's own benefit or to the benefit of another not entitled to them.
(b)
For the purposes of this section, intent to avoid payment is presumed if the actor refuses to pay for the service within 30 days after the bill is posted to the actor addressed to the mailing address of the property or the one provided by the actor. For the purpose of this section, failure to receive payment by the city for the services is prima facie evidence of the actor's refusal to pay.