A person commits an offense of theft of water by any of the
following actions:
(1)
A person may not tamper, connect to, or alter any component of the
town's water system including valves, meters, meter boxes, lids, hydrants,
lines, pump stations, ground storage tanks, and elevated storage tanks.
This shall include direct or indirect efforts to initiate or restore
water service without the approval of the town.
(2)
If, without the written consent of the Town Administrator or Manager
or the Town Administrator or Manager's designee, the person causes,
suffers or allows the initiation or restoration of water service to
the property after termination of service(s). For purposes of this
section, it shall be assumed that the owner, occupant, or person in
control of the property caused, suffered, or allowed the unlawful
initiation or restoration of service(s).
(3)
A person may not make or cause a false report to be made to the town
of a reading of a water meter installed for metered billing.
(4)
A person commits a separate offense each day that the person performs
an act prohibited by this section or fails to perform an act required
by this section.
Any violation of this article, including the first offense,
will result in forfeiture of any and all deposits, removal of meters,
and/or discontinuance of water service by the town. A $500.00 reconnection
fee will be required before the town will restore water service.
Any person violating the provisions of § 13.06.002 of this article shall be deemed guilty of the offense of criminal mischief, their offense shall be classified, whether a misdemeanor or a felony, in accordance with V.T.C.A. Penal Code § 28.03, as it exists or may be amended and, upon conviction thereof, shall be punished in accordance with V.T.C.A. Penal Code § 28.03, as it exists or may be amended. For purposes of determining whether an offense has occurred, the presumption in V.T.C.A. Penal Code § 28.03(c), as it exists or may be amended, shall apply.
(Ordinance 06-03, adopted 1/10/2006)
