(a)
It shall be unlawful for any person, other than an officer or employee of the city within the electric utility service department, the public works service department, or the fire department, to knowingly or intentionally do any of the following acts:
(1)
Remove or cause to be removed any electrical meter from any meter terminal box or disconnect or cause to be disconnected any water meter which is owned by the city, or cut any meter seal or locking device;
(2)
Remove or cause to be removed the cover or any other part of the meter or terminal box of a water or electric meter or loosen any part of it;
(3)
Insert or cause to be inserted any foreign object or foreign substance into the meter or terminal box for the purpose of diversion of water or energy or for any other reason;
(4)
Make or cause to be made any adjustment in the mechanism of any meter;
(5)
Tap or connect onto any supply conductor before the electric meter so that there is a diversion of energy;
(6)
Tap or connect any pipe, line, or hose before the water meter so that there is a diversion of water;
(7)
Turn on any water or electric meter left off by personnel of the city unless authorized by the city;
(8)
Intentionally increase the billing demand as an attempt to affect rate classification and billing rates by utilizing equipment not normally installed at a facility, or, in the judgment of city utilities, operate equipment at the facility in an abnormal fashion.
(b)
In the prosecution of any offense charged under subsection (a)(1) hereof, it shall be a complete defense to such offense if the person charged shows to the court by legal and competent evidence that:
(1)
The electric meter was removed for the purpose of protecting life or preserving property being immediately threatened by a fire on the premises served by the electric meter;
(2)
The electric meter was removed for the purpose of preventing a fire to the structure served by it due to a short circuiting in the electrical conductor between the terminal box in which the electric meter was housed and a main line switch or fuse box; or
(3)
The electric meter was removed by a duly licensed electrician to facilitate the repair of a defective electrical conductor or for checking supply voltage, and at a time when an employee of the city electric utility services department was not available to remove the meter. In the event of the removal of any electric meter by a duly licensed electrician under these circumstances, the fact of the removal and the circumstances permitting it must be reported to the dispatcher of the electric distribution division of the electric utilities service department by the electrician not later than one hour after the commencement of the next workday of the municipal employee following the removal.
(c)
Unless written permission is first obtained from the division manager of the water services division of the public works service department of the city, it shall be unlawful for any person, other than an officer or employee of the city within the public works service department, to knowingly or intentionally tap onto or connect or cause to be tapped onto or connected any pipe or hose with any water distribution main, line, or fire hydrant owned by the city.
(d)
In the event of any act described in subsection (a) or (c) hereof, or the finding at any time of any fact, circumstance, or condition of any such electrical meter, terminal box, conductor, water meter or water distribution main or line which shows that any such act or acts have been committed or performed in violation of any portion or provision of this section, it shall constitute prima facie evidence and a rebuttable evidentiary presumption of knowledge on the part of the person having subscribed for electric or water service through any such electric or water meter, or any person having the custody, control or management of the building, room, or place which is served by such electric or water meter, of the performance or commission of any such act or acts prohibited under the terms and provisions of subsection (a) or (c) hereof, 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.
(e)
In any case of evidence of tampering with meter installation or interfering with the proper functioning of a meter or any other unlawful use or diversion of service by any person, that person is liable to immediate discontinuance of service and to prosecution under applicable laws, and the city shall be entitled to collect from said person at the proper rate schedule for all power, energy, and water not recorded on the meter by reason of such tampering, interfering or other unlawful use of service diversion (the amount of which may be estimated by the city from the best available data), and also a fee of one hundred dollars ($100.00) plus any actual meter damages.
(f)
As used herein, the word “person” shall extend and be applied to associations, corporations, firms, partnerships, and the like, as well as to individuals.
(g)
Any person who shall violate any provision of this section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) for each violation. Each day in which any violation shall occur shall constitute a separate offense. In addition, the city attorney is hereby authorized to take all necessary actions, both legal and equitable, to assure compliance with this section.
(1987 Code, sec. 23-130)