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SEC. 49-37.   TAMPERING WITH OR DAMAGING SYSTEMS; UNLAWFUL USE OF WATER; PRIMA FACIE EVIDENCE.
   (a)   Tampering with or damaging system. A person commits an offense if, without the written permission of the city manager or the director, he knowingly:
      (1)   damages or destroys part of the water or wastewater system;
      (2)   tampers with part of the water or wastewater system; or
      (3)   damages, destroys or tampers with a fire hydrant within the city.
   (b)   Certain conditions creating prima facie evidence of tampering. For purposes of this section, it is prima facie evidence that a person has tampered under Subsections (a)(2) or (a)(3) if the person is a customer, owner or person in control of the premises and:
      (1)   water is prevented from passing through a meter used or furnished by the department to supply water to the premises;
      (2)   a meter used or furnished by the department is prevented from correctly registering the quantity of water supplied to the premises;
      (3)   water is diverted or bypassed by the use of a device, from or around a pipe, main, meter, hydrant or other connection of the department;
      (4)   a meter or service connection of the department used for service to premises is removed; or
      (5)   wastewater is prevented or diverted from flowing from premises into the wastewater system.
   (c)   Prima facie evidence of knowledge. The existence on premises of a device used for any of the unlawful purposes stated in this section shall constitute prima facie evidence of knowledge of the unlawful purpose on the part of the customer, owner or person in control of the premises. (Ord. 19201)