Ordinance 1635-89 - Laserfiche WebLink

1 C. Prevent a utility meter or other device used in determining the 2 charge for utility services from accurately performing its measuring 3 function by tampering or by any other means; 4 D. Tamper with property owned or used by the utility to provide 5 utility services; or 6 E. Use or receive the direct benefit of all or a portion of the 7 utility service with knowledge of, or reason to believe that, the diversion, 8 tampering, or unauthorized connection existed at the time of the use or that 9 the use or receipt was without the authorization or consent of the utility. 10 Section 3: Defrauding a Public Utility. 11 A. A person is guilty of defrauding a public utility if: 12 1 . The utility service diverted or used is five hundred 13 dollars ($500) or less in value; or 14 2. A connection or reconnection has occurred without authorization or consent of the utility. 15 16 B. Defrauding a public utility is a gross misdemeanor. 17 Section 4: Defrauding a Public Utility - Restitution. 18 In any prosecution under Section 3 of this ordinance, the court may 19 require restitution from the defendant as provided by Chapter 10.04 EMC, 20 plus court costs plus the costs incurred by the utility on account of the 21 bypassing, tampering, or unauthorized reconnection, including but not 22 limited to costs and expenses for investigation, disconnection, 23 reconnection, service calls, and expert witnesses. 24 Section 5: Court-ordered Restitution - Non-exclusive. 25 Restitution ordered or fines imposed under this Chapter do not preclude 26 a utility from collecting damages under RCW 80.28.240 to which it may be 27 entitled. 28 Section 6: Codification . 29 Sections 1 through 5 of this ordinance shall be codified as five new 30 sections and shall constitute a new chapter in Title 10 ENC. 31 32 2