§ 32-27. First offense of theft of utility service.

(a)

Theft of utility service is the misappropriation, taking or use of any electricity, gas, water or telecommunications which belongs to another, is held for sale by another, or is being distributed by another, without the consent of the owner, seller or distributor or by means of fraudulent conduct, practices or representations. A taking, misappropriation or use includes the diversion by any means or device of any quantity of electricity, gas, water or telecommunications from the wires, cables, pipes, mains or other means of transmission of such person, or by directly or indirectly preventing a metering device from properly registering the quantity of electricity, gas, water or telecommunications actually used, consumed or transmitted.

(b)

The trier of fact may infer that there was a misappropriation, taking or using without the consent of the owner, seller or distributor or that there was fraudulent conduct, practices or representations when:

(1)

There is on or about any wire, cable, pipe, main or meter or the equipment to which said wire, cable, pipe, main or meter is affixed or attached, any device or any other means resulting in the diversion of electricity, gas, water or telecommunications, or any device or any other means resulting in the prevention of the proper action or accurate registration of the meter used to measure the quantity of electricity, gas, water or telecommunications actually used, consumed or transmitted, or interfering with the property action or accurate registration of such meter;

(2)

The person charged had custody or control of the room, structure or place where such device, other means, or such wire, cable, pipe, main, meter or equipment affixed or attached thereto was located; and

(3)

The person charged benefitted from the misappropriation of such utility service; or

(4)

The person charged intentionally supplied false information in applying for such utility service.

(c)

On a first conviction, the offender shall be fined not less than $100.00 and not more than $500.00 or imprisoned for not more than six months, or both.

(d)

The provisions of this section shall not apply to the attachment on the customer's side of the customer's main electric disconnect of any device which lowers the quantity of utilities actually used and does not divert such utilities or prevent their proper registration.

(Code 1968, § 15-43.2; Ord. No. 561, 12-4-2001)