Sec. 10-2.514.  Presumptions and penalties involving theft of water services.
   (a)   It is unlawful for any person with intent to obtain for himself or herself water services without paying the full lawful charge therefore, or with intent to enable another person to do so, or with intent to deprive the Public Works Department of any part of the full lawful charge for water services it provides, to commit, authorize, solicit, aid or abet any of the following:
   (1)   Divert or cause to be diverted water services, by any means whatsoever;
   (2)   Prevent or alter any water meter, or other device used in determining the charge for water services, from accurately performing its measuring function by tampering or by any other means;
   (3)   Tamper with any water line, meter, or other property owned by or used by the Public Works Department to provide water services;
   (4)   Make or cause to be made any connection with or reconnection with property owned or used by the Public Works Department to provide water services without the authorization or consent of the Public Works Department;
   (5)   Use or receive the direct benefit of water services with knowledge, or any reason to believe that an unauthorized diversion, tampering or connection, existed and was being utilized to receive that water, or that the use or receipt was otherwise without the authorization or consent of the Public Works Department.
   (b)   The presence of any of the following objects, circumstances or conditions in the public service easement area adjoining the customer's property or on premises controlled by the customer or by the person using or receiving the direct benefit of all or a portion of water services obtained in violation of this section shall permit an inference that the customer of person intended to and did violate this section:
   (1)   Any instrument, apparatus or device primarily designed to be used to obtain water services without paying the full lawful charge therefore;
   (2)   Any meter that has been altered, tampered with or bypassed so as to cause no measurement or inaccurate measurement of water services.
   (c)   Any violation of this section may be prosecuted by the City by means of a criminal infraction or misdemeanor and/or civil filing, as deemed appropriate by the City Attorney.
   (d)   This section shall not be construed to preclude the applicability of any other provision of the criminal law of this State.
(Ord. 1516-NS, eff. June 5, 2009)