545.22 THEFT OF UTILITIES.
   (a)   No person shall tamper with a gas, electric, steam or water meter, conduit, or attachment of a utility.
   (b)   No person shall reconnect a gas, electric, steam, or water meter, conduit, or attachment of a utility that has been disconnected by the utility, without the consent of the utility.
   (c)   Whoever violates this section is guilty of theft of utilities, a misdemeanor of the first degree.
   (d)   In a prosecution for a violation of subsection (a) hereof, proof that a meter, conduit, or attachment of a utility has been tampered with is prima-facie evidence that the person who is obligated to pay for the service rendered through the meter, conduit, or attachment and is in possession or control of the meter, conduit, or attachment at the time the tampering occurred has caused the tampering with intent to commit the offense of theft of utilities.
   (e)   In a prosecution for a violation of subsection (b) hereof, proof that a meter, conduit, or attachment disconnected by a utility has been reconnected without the consent of the utility is prima-facie evidence that the person in possession or control of the meter, conduit, or attachment at the time of the reconnection has reconnected the meter, conduit, or attachment with intent to commit the offense of theft of utilities.
   (f)   As used in this section:
      (1)   “Utility” means any of the following or its lessees, trustees or receivers or any similar utility owned or operated by a political subdivision:
         A.   An electric light company, when engaged in the business of supplying electricity for light, heat, or power purposes to consumers within the City, including supplying electric transmission service for electricity delivered to consumers in this City, but excluding a regional transmission organization approved by the Federal Energy Regulatory Commission;
         B.   A gas company, when engaged in the business of supplying artificial gas for lighting, power, or heating purposes to consumers within this City or when engaged in the business of supplying artificial gas to gas companies or to natural gas companies within this City, but a producer engaged in supplying to one or more gas or natural gas companies, only such artificial gas as is manufactured by that producer as a by-product of some other process in which the producer is primarily engaged within this City is not thereby a gas company;
         C.   A natural gas company, when engaged in the business of supplying natural gas for lighting, power, or heating purposes to consumers within the City;
         D.   A pipe-line company, when engaged in the business of transporting natural gas, oil, or coal or its derivatives through pipes or tubing, either wholly or partly within this City;
         E.   A waterworks company, when engaged in the business of supplying water through pipes or tubing, or in a similar manner, to consumers within this City; or
         F.   A heating or cooling company, when engaged in the business of supplying water, steam, or air through pipes or tubing to consumers within this City for heating or cooling purposes.
      (2)   “Tamper” means to interfere with, damage, or by-pass a utility meter, conduit, or attachment with the intent to impede the correct registration of a meter or the proper functions of a conduit or attachment so as to reduce that amount of utility service that is registered on the meter.
         (Ord. 10-07.  Passed 1-25-10.)