921.02  TAMPERING WITH WATER SYSTEM.
   (a)   No person may connect to any public water line, tamper with or remove any meter, registering device or seal placed by the Water Division or insert a meter bypass without the permission of the Director of Administration.  If the Water Department finds that Water Department seals have been broken or any bypass inserted and there is evidence that the meter or registering device has been tampered with, water service to the unit may be terminated in accordance with Section921.05 , and shall not be turned on again until the consumer or owner of the premises pays for the estimated quantity of water which has been used and not registered, and, in addition thereto, the standard fee for herein will not in any way relieve any person from criminal prosecution.  Meters damaged by abuse, misuse, accident or any act of carelessness shall be repaired at the expense of the customer.  (Ord. 2010-0906.  Passed 6-16-10.)
   (b)   No person shall operate, open or otherwise tamper with any valve, stopcock, curbcock, or other device after the same has been closed for violation of any rule or regulation of the Water Department, or unlawfully secure a supply of water through such valve, stopcock, curbcock or other device after same has been closed for the violation of any rule or regulation of the Water Department or in any way take water for private use unlawfully or without first having secured the necessary permit from the Building, Inspection, Licenses and Permits Departments.
(Ord. 97-9020.  Passed 2-5-97.)
      (1)   In a prosecution for a theft offense, as defined in Section 545.05 of the CCO that involves alleged tampering with a water 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, attachment at the time the tampering occurred has caused the tampering with intent to commit a theft offense.
      (2)   In a prosecution for a theft offense, as defined in Section 545.05 of the CCO that involves the alleged reconnection of a water meter, conduit or attachment of a utility that has been disconnected by the utility, 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 a theft offense.
   (c)   When the quantity of water used and not registered or the value of damage to a meter cannot readily be determined the following liquidated damages shall be assessed:
 
(1)   First Offense   
$500.00
(2)   Second Offense
$1000.00
(3)   Third Offense
$1500.00
 
   (d)   No person shall open, close, adjust or interfere with a fire hydrant, valve, regulator, gauge, gate, curbcock, stopcock, meter or other regulator, operating a measuring device, tanks, conduits, pipes, mains, service pipes, house pipes or other pipes or apparatus of the City water supply system, with intent to cause the escape of water or to injure or destroy such property.  No person shall tap, sever, open or make unauthorized connections with a main or pipe used or intended for the transmission of water.  This section does not apply to the agent or employee for the purpose of the owner or operator of the appliances referred to in this section, and does not apply to anything done by or under authority of any regularly constituted fire department.  The penalty for violation of this section will refer to Section 921.02(c) or imprisonment for not more than thirty days or both.
   (e)   No person shall damage or disturb any fire hydrant or any part thereof or take any water from such hydrant under any circumstances, except an authorized agent of the Water Department or the Fire Department or a person with a special permit from the Division of Water.  In case any damage is done to a fire hydrant by a person, he shall upon demand of the Water Department, pay such damages and all cost and expense incurred by reason thereof.
(Ord. 2010-0906.  Passed 6-16-10.)