(A) A person commits theft of services if:
(1) The person obtains services known by that person to be available only for compensation by deception, force, threat or other means to avoid payment for the services;
(2) Having control over the disposition of service to which the person is not entitled, the person knowingly diverts those services to the person’s own benefits or to the benefit of another not entitled to them;
(3) The person connects any pipe, tube, stopcock, wire, cord, socket, motor or other instruments or contrivance with any main service pipe, or other medium conducting or supplying gas, water or electricity to any building without the knowledge and consent of the person supplying such gas, water or electricity;
(4) The person, in any manner, tampers, alters, obstructs or interferes with the action of any meter provided for measuring or registering the quantity of gas, water or electricity passing through the meter without the knowledge and consent of the person owning the meter;
(5) The person obtains cable service or satellite service from a cable operator or satellite operator by trick, artifice, deception, use of an unauthorized device or decoder or other means without authorization or with the intent to deprive such cable operator of lawful compensation for the services rendered;
(6) The person makes or maintains, without authority from or payment to, a cable operator or a satellite operator, a connection or connections, whether physical, electrical, mechanical, acoustical or otherwise, with any cable, wire, component or other device used for the distribution of cable services or satellite services;
(7) The person modifies, alters or maintains a modification or alteration to a device installed, or capable of being installed, with the authorization of a cable operator or satellite operator, which modification or alteration is for the purpose of intercepting or receiving cable service carried by such cable operator or satellite operator, without authority from or payment to, such cable operator or satellite operator;
(8) The person possesses, without authority, with the intent to receive cable operator or satellite operator services without authorization from or payment to a cable operator or satellite operator, a device or printed circuit board designed in whole or in part to facilitate the following acts:
(a) To receive cable services or satellite services offered for sale over a cable system or satellite system; or
(b) To perform or facilitate the performance of any acts set forth in divisions (A)(5) through (A)(7) above.
(9) The person fails to return or surrender equipment used to receive cable service or satellite service and provided by a cable operator or satellite operator, after such service has been terminated for any reason.
(B) As used in this section, SERVICES include, but are not limited to, any public utility services (to include, but not be limited to, sewer, wastewater, electric, water, cable, satellite, telephone, gas or trash services); private or public transportation services; public or private hotel or lodging services; and public or private restaurant, food or beverages services, including the cost of food or beverage.
(C) Proof that the services were obtained by false pretenses, or that the person refused or neglected to pay for these things on demand, is prima facie evidence of the fraudulent intent required in division (A) above.
(D) Nothing in this section shall be construed to apply to any licensed electrical or plumbing contractor while performing usual and ordinary services in accordance with recognized customs and standards.
(Ord. 4-07, passed 12-12-2007) Penalty, see § 130.99