§ 700.010. Theft of Utility Services., Chapter 700. General Provisions, Utilities, Code of Ordinances, Lake Tapawingo

Definitions. The following words and phrases when used in this Section shall, for the purpose of this Section, have the meanings respectively ascribed to them in this Section except when the context otherwise requires:

CUSTOMER: The person in whose name a utility service is provided.

DIVERT: To change the intended course or path of electricity, water, gas, telephone, cable television or other utility service without the authorization or consent of the utility.

PERSON: Any individual, partnership, firm, association or corporation.

RECONNECTION: The commencement of utility service other than by the utility company, to a customer or other person after service has been discontinued by the utility.

SUPERINTENDENT OF WATERWORKS AND SEWER: The person who is appointed by the Board of Aldermen; who is a full-time employee of the City of Lake Tapawingo to perform all operations, repairs, replacements and/or construction, mark locations as requested of any and all water lines and meters and sewer pumps, lids, lines and any other waterworks and sewer equipment; and as such shall receive a monthly salary as set by the Board of Aldermen, shall receive ten (10) days each year for paid vacation time and five (5) days each year for sick leave; and for whom the full benefit of health insurance shall be provided by the City of Lake Tapawingo; and whose position is on-call for twenty-four (24) hours per day, including holidays; and who shall make provisions for a replacement for the position of Superintendent of Waterworks and Sewer to be covered twenty-four (24) hours each day and carry all communications equipment provided by the City of Lake Tapawingo, in his or her absence for vacation, sick leave or holidays, with the express approval of the Commissioner of Waterworks and Sewer.

TAMPER: To rearrange, damage, injure, destroy, alter, interfere with or otherwise prevent from performing normal or customary function.

UTILITY SERVICE: The provision of electricity, water, gas, telephone, cable television or other utility service.

Unlawful Acts. It shall be unlawful for any person to commit, authorize, solicit, aid, abet, or attempt any of the following acts:

Divert, or cause to be diverted, utility service by any means whatsoever.

Make, or cause to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility.

Prevent any utility meter, or other device used in determining the charge for utility service, from accurately performing its measuring function by tampering or by any other means.

Tamper with any property owned or used by the utility company to provide utility service.

Use or receive the direct benefit of all, or a portion, of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use, or that the use or receipt, was without the authorization or consent of the utility.

Advertise, manufacture, distribute, sell, use, rent, or offer for sale, rental, or use any device of any description, or any plan or kit, designed to obtain utility service, in violation of this Section.

Obtain utility service by means of false representations, or fraudulent or deceptive actions, designed to avoid the payment of any outstanding lawful charges for any utility service.

Avoid the lawful charges, in whole or in part, for any utility service, by the use of any fraudulent or deceptive scheme, device, means or method.

Presumption Of Violation. There is a rebuttable presumption that there is a violation of this Section if, on the premises controlled by the customer or by the person using or receiving the direct benefit of utility service, there is either, or both of the following:

Any instrument, apparatus or device primarily designed to be used to obtain utility service without paying the full lawful charge therefor.

Any utility equipment that has been altered, tampered with or by-passed so as to cause no measurement or inaccurate measurement of utility service.

Penalties. Any person convicted of violating any provision of this Section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).