A. No person shall:
1. With intent to avoid payment therefor, obtain services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services; or
2. Having control over the disposition of labor or of business, commercial, or industrial equipment or facilities of another, use or divert to the use of himself or a third person such labor, equipment, or facilities with the intent to derive a commercial benefit for himself or a third person not entitled thereto.
B. As used in this section, "services" include, but are not limited to, labor, professional services, toll communication services, entertainment, the supplying of food, lodging, or other accommodations in hotels, restaurants or elsewhere, the supplying of commodities of a public utility nature such as gas, electricity, steam, or water.
C. Absconding without payment or without offering to pay for hotel, restaurant, or other services for which compensation is customarily paid immediately upon receipt of them is prima facie evidence that the services were obtained by deception. (1978 Code)
D. Upon determination by city of Milton-Freewater officials that meter system tampering or utility service diversion has occurred, including, but not limited to, removal or disturbance of city meter seal(s), the party responsible for utility services shall be cited to the most severe degree possible with theft of city services, and/or meter tampering by city police department officers. The party responsible for utility services at the subject address shall be held responsible for this offense should it occur after the date of notice from the city of disconnection of utility services. The party or parties responsible for the services at any given address shall be determined by whomever is named on the city's official record of utilities for that address. (Ord. 920, 1-10-2005)