(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVICE. Instrument, apparatus, equipment or plans or instructions for making or assembling the same.
SERVICES. Labor; professional services; electric service, telecommunications service or other public service; accommodation in hotels, restaurants or elsewhere; admission to exhibitions; and use of vehicles or other movable property.
TELECOMMUNICATIONS SERVICE. Telephone service, cable television service or internet service.
(B) (1) It shall be unlawful for any person to obtain services valued at less than $500 by deception, threat, false token or other means to avoid payment for the service, which services that person knows
or should know are available only for compensation.
(2) When compensation for service is ordinarily paid immediately upon the rendering of the service, as in the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay shall give rise to the presumption regarding the intention to pay that the service was obtained by deception.
(C) It shall be unlawful for any person having control over the disposition of the services of others, to which services that person is not entitled, to divert the services to that person’s own benefit or to the benefit of another not entitled thereto.
(D) It shall be unlawful for any person, with the intent to use the device in the commission of an offense described in division (B) above, to knowingly make or possess any device designed to or commonly used to fraudulently obtain telecommunications service from a telephone, cable television or internet provider.
(E) It shall be unlawful for any person, with the intent to fraudulently obtain telecommunications service, to knowingly tamper, interfere or connect with any cables, wires, converters or other devices used for the distribution of telecommunications service by any mechanical, electrical, acoustical or other means without authority from the operator of the service.
(F) It shall be unlawful for any person to sell, give, transfer, offer or advertise for sale a device which the person knows or should know is intended to be used for the purpose of fraudulently obtaining telecommunications service.
(Prior Code, § 130.065) (Ord. 97-16, passed 8-4-1997) Penalty, see § 133.99