(A) (1) For purposes of this section, the definitions found in Neb. RS 25-21,275 shall apply.
(2) (a) The city may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts bypassing; tampering or unauthorized metering when the act results in damages to a municipal utility. The city may bring a civil action for damages pursuant to this section against any person receiving the benefit of utility service through means of bypassing, tampering or unauthorized metering.
(b) In any civil action brought pursuant to this section, the city shall be entitled, upon proof of willful or intentional bypassing, tampering or unauthorized metering to recover as damages:
1. The amount of actual damage or loss if the amount of the damage or loss is susceptible of reasonable calculation; or
2. Liquidated damages of $750 if the amount of actual damage or loss is not susceptible of reasonable calculation.
(c) In addition to damage or loss under divisions (A)(2)(a) or (b) above, the city may recover all reasonable expenses and costs incurred on account of the bypassing, tampering or unauthorized metering including, but not limited to, disconnection, reconnection, service calls, equipment, costs of the suit and reasonable attorneys’ fees in cases within the scope of Neb. RS 25-1801.
(3) (a) There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering or unauthorized metering is proven to exist caused or had knowledge of the bypassing, tampering or unauthorized metering if the tenant or occupant:
1. Had access to the part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering is proven to exist; and
2. Was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services to the premises.
(b) There shall be a rebuttable presumption that a customer at any premises where bypassing, tampering or unauthorized metering is proven to exist caused or had knowledge of the bypassing, tampering or unauthorized metering if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering was proven to exist.
(4) The remedies provided by this section shall be deemed to be supplemental and additional to powers conferred by existing laws. The remedies provided in this section are in addition to and not in limitation of any other civil or criminal statutory or common-law remedies.
(Prior Code, § 3-915)
(B) (1) It is an offense for any person:
(a) To connect any instrument, device or contrivance with any wire supplying or intended to supply electricity or electric current or to connect any pipe or conduit supplying gas or water, without the knowledge and consent of the city, in a manner that any portion thereof may be supplied to any instrument by or at which electricity, electric current, gas or water may be consumed without passing through the meter made or provided for measuring or registering the amount or quantity thereof passing through it;
(b) To knowingly use or knowingly permit the use of electricity, electric current, gas or water obtained unlawfully pursuant to this section;
(c) To reconnect electrical, gas or water service without the knowledge and consent of the city if the service has been disconnected pursuant to Neb. RS 70-1601 to 70-1615 or § 51.038; or
(d) To willfully injure, alter or by any instrument, device or contrivance in any manner interfere with or obstruct the action or operation of any meter made or provided for measuring or registering the amount or quantity of electricity, electric current, gas or water passing through it, without the knowledge and consent of the city.
(2) Proof of the existence of any wire, pipe or conduit connection or reconnection or of any injury, alteration, interference or obstruction of a meter is prima facie evidence of the guilt of the person in possession of the premises where the connection, reconnection, injury, alteration, interference or obstruction is proved to exist.
(Prior Code, § 3-916)
(Ord. 4-03, passed 4-14-2003)
Statutory reference:
Related provisions, see Neb. RS 25-21,276, 25-21,277, 25-21,278, 28-515.02