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SEC. 49-16.   PERMISSION OF OWNER OR CUSTOMER TO BE SECURED BEFORE USING WATER; USE BEFORE FILING APPLICATION FOR SERVICE.
   (a)   Use without consent. A person commits an offense if, where water is furnished to any premises, the person knowingly takes water from any faucet or water connection on the premises without first securing the consent of, and making arrangements with, the owner of the premises or the customer in whose name the account exists. This section does not apply to a person employed by the city who is engaged in work of an emergency nature in his official capacity as a city employee.
   (b)   Use without application. A person commits an offense if he knowingly diverts or uses water from any part of the water system without making application and without receiving the director’s consent to use a service. Absence of an account for service on file with the department constitutes prima facie proof of the lack of the director’s consent to use a service.
   (c)   Defense. It is a defense to prosecution under Subsection (b) of this section if the person uses service pursuant to an approved application request by telephone under Section 49-3. (Ord. Nos. 19201; 20215)