§ 28-2. Unlawful acts generally.

(a)

It shall be unlawful for any person, which shall include any owner, occupant, consumer or lessee of any premises, to:

(1)

Injure or destroy or cause or permit the injury or destruction of any main, pipe, wire, service connection, meter or other fixture, appliance, apparatus or equipment belonging to the City used for or in connection with the distribution of gas, water or electricity or the collection of wastewater.

(2)

Prevent or cause or permit to be prevented, in any manner, any meter from registering the quantity of gas, water, wastewater or electricity supplied or passing through the meter.

(3)

Interfere or cause or permit interference with the action or registration of any meter through which gas, water, wastewater or electricity is supplied or passed.

(4)

Divert or cause or permit diversion of the flow of gas, water, wastewater or electricity from any main, pipe, wire, service connection, meter or other fixture, appliance, apparatus or equipment without complying with this chapter or otherwise obtaining proper authority from the Director to do so.

(5)

Use or cause or permit the use of gas, water or electricity or the use of wastewater or stormwater collection service without complying with this chapter or otherwise obtaining proper authority from the Director to do so.

(6)

Injure, deface or destroy or cause or permit the injury, defacement or destruction of any building, tank, pole, transformer, holder or structure of any kind or any part thereof belonging to the City used for or in connection with the distribution of gas, water or electricity or the collection of wastewater or stormwater.

(7)

Open, cause or permit the opening of a communication into any gas, water, wastewater, stormwater or electric main, pipe, wire, service connection, fixture, appliance, apparatus or equipment without complying with this chapter or otherwise obtaining proper authority from the Director to do so.

(8)

Remove or cause or permit the removal of any gas, stormwater, water, wastewater or electric main, pipe, wire, service connection, meter, fixture, appliance, apparatus or equipment without complying with this chapter or otherwise obtaining proper authority from the Director to do so.

(9)

Install or cause or permit the installation of any gas, water, wastewater, stormwater or electric main, pipe, wire, service connection, meter, fixture, appliance, apparatus or equipment without complying with this chapter or otherwise obtaining proper authority from the Director to do so.

(10)

Leave or cause or permit to be left the end of any pipe or other opening without securing the pipe or other opening with a blind cap so as to effectually prevent the escape of gas, water, or wastewater or to cause any electric wire, transformer or electric utility fixture to be left in such a way as to be a danger.

(11)

Use, consume or waste or cause or permit the use, consumption or waste of gas or water without paying therefor at the rates prescribed by the City Council or receive stormwater or wastewater service without paying therefor at the rates prescribed by the City Council.

(12)

Tamper or cause or permit to be tampered with any gas, stormwater, water or wastewater main from the side or end thereof for the purpose of installing apparatus or equipment or by opening or closing any gate valve, corporation cock, cutoff valve, fire hydrant or other device without complying with this chapter or otherwise obtaining proper authority from the Director to do so.

(13)

Tap or cause or permit to be tapped any main with a tapping sleeve and valve or other tapping device.

(14)

Break into or cause or permit to be broken into any gas, water, stormwater or wastewater main from the side or end thereof for the purpose of extending other mains therefrom.

(15)

Prohibit any authorized agent of the City to enter the premises for the purposes of inspection as required in this chapter.

(16)

Knowingly receive or cause or permit the receipt of any benefit from the use of gas, water or wastewater service or any combination which is not properly metered or which is received in any manner in violation of this chapter.

(17)

Have on the service pipe through which gas, water or wastewater service is supplied to the premises for which the person is legally responsible for payment of charges therefor any apparatus or device which permits gas, water or wastewater service or any combination to be received in any manner in violation of this chapter.

(18)

Sublet or cause or permit any premises to be sublet which is supplied with gas, water or wastewater service or any combination for which the person is legally responsible for payment of charges therefor until such time as the person shall notify the Director of the intention to do so.

(19)

Use or cause or permit to be used any fictitious or false name or use or cause or permit to be used any variation or rearrangement of the person's real or legally given name or illegally use the name of another person for the purpose of obtaining gas, stormwater, water or wastewater service or any combination.

(20)

Take any action that may result in the obstruction or impairment of purpose of any ditch, culvert, pipe, or drainage easement which is designed, made or installed for the purpose of draining any street, road, public way or alley, including, but not limited to, putting any stone, brick or other solid thing into a culvert or sewer.

(b)

Any person violating any provision of Subsection (a) of this section, if the damage or destruction caused by such violation may be remedied or repaired for $100.00 or less, shall be guilty of a Class 3 misdemeanor.

(c)

In addition to the penalty provided by Subsection (b) of this section, every person violating Subsection (a) of this section shall pay for all gas, stormwater, water or wastewater service used, consumed or wasted on account of such violation and all costs necessary to restore, replace or repair gas, water, wastewater, stormwater or electric property injured, defaced or destroyed thereby, the amounts to be paid on account thereof to be determined by the Director.

(Code 1993, § 29-30; Code 2004, § 106-2; Ord. No. 2009-60-83, § 2, 5-26-2009; Ord. No. 2013-139-136, § 2, 7-22-2013)

(Code 1993, § 29-30; Code 2004, § 106-2; Ord. No. 2009-60-83, § 2, 5-26-2009; Ord. No. 2013-139-136, § 2, 7-22-2013)