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1977-024NO 77-a4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 25-8 OF ARTICLE I, CHAPTER 25 OF THE CODE OF ORDINANCES PRO- HIBITING CERTAIN CONDUCT AFFECTING ELECTRICAL METERS, ELECTRICAL METER TERMINAL BOXES, ELECTRICAL CONDUCTOR, WATER METERS AND WATER DISTRIBUTION MAINS AND LINES OWNED BY SAID CITY, AND HAZARDOUS TO THE HEALTH, SAFETY AND GENERAL WELFARE OF THE SUBSCRIBERS TO THE ELECTRIC AND WATER SERVICES OF SAID CITY AS WELL AS TO THE PUBLIC GENERALLY, PROVIDING DEFINITIONS AND EVIDENTIARY PRESUMPTIONS, PROVIDING FOR A PENALTY THEREFOR, PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART I That Chapter 25, Article I, of the Code of Ordinances of the City of Denton, Texas, shall be, and the same is hereby, amended so that Section 25-8 shall hereafter be and read as follows "Section 25-8 - ELECTRICAL METERS, ELECTRICAL METER TERMINAL BOXES AND SUPPLY CONDUCTORS, WATER METERS AND WATER DISTRIBUTION MAINS AND LINES, CER- TAIN ACTS PROHIBITED (a) It shall be unlawful for any person, other than an officer or employee of the City of Denton within the department of electric utilities or fire department, to knowingly or intentionally (1) re- move or cause to be removed any electrical meter owned by said city from any electrical meter terminal box, (2) remove or cause to be re- moved the cover or any other part or portion from any such meter or terminal box, or loosen or cause to be loosened any part or portion thereof, (3) insert or cause to be inserted any foreign object or in- ject or cause to be infected any foreign substance into any such meter or terminal box, (4) make or cause to be made any adjustment in the mechanism of any such meter, or (5) tap onto or connect or cause to be tapped onto or connected any wire to the supply conductor of any such terminal box In the prosecution of any offense charged under subsection (a) (1) hereof, it shall be a complete defense to such offense if the per- son charged shows to the court by legal and competent evidence (1) that such meter was removed for the purpose of protecting life or pre- serving property being immediately threatened by a hazard on the pre- mises served by such meter, (2) that such meter was removed for the purpose of preventing a hazard to the structure served by it due to a short circuiting in the electrical conductor between the terminal box in which such meter was housed and a main line switch or fuse box, or (3) that such meter was removed by a duly licensed electrician to facilitate the repair of defective electrical conductor or for check- ing supply voltage, and at a time when an employee of said city with- in said department of electric utilities was not available to remove such meter In the event of the removal of any electrical meter by a duly licensed electrician under the circumstances last herei.nabove enume- rated, the fact of such removal and the circumstances permitting the same must be reported to the superintendent of the electric distribution division of said department of electric utilities or his authorized representative by such electrician not later than one hour after the commencement of the work day of such municipal employee next following such removal (b) Unless written permission be first obtained from the superin- tendent of the water distribution division of the Department of Utilities of said city, it shall be unlawful for any person, other than an officer or employee of said city within said Department of Utilities, to knowingly or intentionally (1) tap onto or connect or cause to be tapped onto or connected any pipe with any water distribution main or line owned by said city (2) disconnect or cause to be disconnected any such water meter from any such water distribution main or line owned by said city, (3) remove or cause to be removed the cover from any such water meter, or (4) disconnect or cut off the water service to a structure, dwelling or building (c) In the event any such water meter be found to have been re- moved, or the cover or any part or portion of any such meter or ter- minal box be found to have been removed, or any part or portion thereof be found to have been loosened, or any foreign object be found to have been inserted, or any foreign substance be found to have been injected into any such meter or terminal box, or any adjustment be found to have been made in the mechanism of any such meter, or any wire having been found to have been tapped onto or connected to the supply conductor of any such terminal box, or if any pipe be found to have been tapped onto or connected with any such water distribution main or line, or if any -2- 'y such water meter be found to have been disconnected from any such water distribution main or line, or if the cover of any such water meter be found to have been removed, or the finding at any time of any fact, circumstance or condition on or about any such electrical meter, ter- minal box, conductor, water meter or water distribution main or line tending to show or evidencing that any such act or acts have been com- mitted or performed in violation of any portion or provision of this ordinance, the same shall be and constitute prima facie evidence and a rebuttable evidentiary presumption of knowledge on the part of the person having subscribed for electric or water service through any such electric or water meter, of the person having the custody, control or management of the building, room, or place for which such subscription is made, of the performance or commission of any such act or acts pro- hibited under the terms and provisions of subsections (2) and (b) here- of, that such subscriber or other person performed or committed such act or acts or caused or occasioned the performance or commission of the same, and shall bring such subscriber or other person prima facie within the scope, meaning and penalties hereof (d) As used herein, the word "person" shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals " PART TT Any individual, association or corporation violating any portion or provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by the assessment of a fine not exceeding Two Hundred Dollars ($200 00), and each day and every day that any such portion or provision of this ordinance be so violated shall constitute a separate and distinct offense PART III That if any section, subsection, paragraph sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent ,jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, -3- hereby declares it would have enacted such remaining portions despite any such invalidity PART IV That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its Rassage PASSED AND APPROVED This the & r day of May, A D 1977 ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST BOLT, CITY SECRET CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM P UL C ISHAM, CITY ATTO EY CITY OF DENTON, TEXAS -4- ly NO. 77 - aµ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 25-8 OF ARTICLE I, CHAPTER 25 OF THE CODE OF ORDINANCES PRO- HIBITING CERTAIN CONDUCT AFFECTING ELECTRICAL METERS, ELECTRICAL METER TERMINAL BOXES, ELECTRICAL CONDUCTOR, WATER METERS AND WATER DISTRIBUTION MAINS AND LINES OWNED BY SAID CITY, AND HAZARDOUS TO THE HEALTH, SAFETY AND GENERAL WELFARE OF THE SUBSCRIBERS TO THE ELECTRIC AND WATER SERVICES OF SAID CITY AS WELL AS TO THE PUBLIC GENERALLY; PROVIDING DEFINITIONS AND EVIDENTIARY PRESUMPTIONS; PROVIDING FOR A PENALTY THEREFOR; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That Chapter 25, Article I, of the Code of Ordinances of the City of Denton, Texas, shall be, and the same is hereby, amended so that Section 25-8 shall hereafter be and read as follows: "Section 25-8 - ELECTRICAL METERS, ELECTRICAL METER TERMINAL BOXES AND SUPPLY CONDUCTORS; WATER METERS AND WATER DISTRIBUTION MAINS AND LINES; CER- TAIN ACTS PROHIBITED. (a) It shall be unlawful for any person, other than an officer or employee of the City of Denton within the department of electric utilities or fire department, to knowingly or intentionally (1) re- move or cause to be removed any electrical meter owned by said city from any electrical meter terminal box, (2) remove or cause to be re- moved the cover or any other part or portion from any such meter or terminal box, or loosen or cause to be loosened any part or portion thereof, (3) insert or cause to be inserted any foreign object or in- ject or cause to be injected any foreign substance into any such meter or terminal box, (4) make or cause to be made any adjustment in the mechanism of any such meter, or (5) tap onto or connect or cause to be tapped onto or connected any wire to the supply conductor of any such terminal box. In the prosecution of any offense charged under subsection (a) (1) hereof, it shall be a complete defense to such offense if the per- son charged shows to the court by legal and competent evidence (1) that such meter was removed for the purpose of protecting life or pre- serving property being immediately threatened by a hazard on the pre- mises served by such meter, (2) that such meter was removed for the purpose of preventing a hazard to the structure served by it due to a short circuiting in the electrical conductor between the terminal box in which such meter was housed and a main line switch or fuse box, or (3) that such meter was removed by a duly licensed electrician to facilitate the repair of defective electrical conductor or for check- ing supply voltage, and at a time when an employee of said city with- in said department of electric utilities was not available to remove such meter. In the event of the removal of any electrical meter by a duly licensed electrician under the circumstances last hereinabove enume- rated, the fact of such removal and the circumstances permitting the same must be reported to the superintendent of the electric distribution division of said department of electric utilities or his authorized representative by such electrician not later than one hour after the commencement of the work day of such municipal employee next following such removal. (b) Unless written permission be first obtained from the superin- tendent of the water distribution division of the Department of Utilities of said city, it shall be unlawful for any person, other than an officer or employee of said city within said Department of Utilities, to knowingly or intentionally (1) tap onto or connect or cause to be tapped onto or connected any pipe with any water distribution main or line owned by said city (2) disconnect or cause to be disconnected any such water meter from any such water distribution main or line owned by said city, (3) remove or cause to be removed the cover from any such water meter, or (4) disconnect or cut off the water service to a structure, dwelling or building. (c) In the event any such water meter be found to have been re- moved, or the cover or any part or portion of any such meter or ter- minal box be found to have been removed, or any part or portion thereof be found to have been loosened, or any foreign object be found to have been inserted, or any foreign substance be found to have been injected into any such meter or terminal box, or any adjustment be found to have been made in the mechanism of any such meter, or any wire having been found to have been tapped onto or connected to the supply conductor of any such terminal box, or if any pipe be found to have been tapped onto or connected with any such water distribution main or line, or if any -2- I i4 such water meter be found to have been disconnected from any such water distribution main or line, or if the cover of any such water meter be found to have been removed, or the finding at any time of any fact, circumstance or condition on or about any such electrical meter, ter- minal box, conductor, water meter or water distribution main or line tending to show or evidencing that any such act or acts have been com- mitted or performed in violation of any portion or provision of this ordinance, the same shall be and constitute prima facie evidence and a rebuttable evidentiary presumption of knowledge on the part of the person having subscribed for electric or water service through any such electric or water meter, of the person having the custody, control or management of the building, room, or place for which such subscription is made, of the performance or commission of any such act or acts pro- hibited under the terms and provisions of subsections (2) and (b) here- of, that such subscriber or other person performed or committed such act or acts or caused or occasioned the performance or commission of the same, and shall bring such subscriber or other person prima facie within the scope, meaning and penalties hereof. (d) As used herein, the word "person" shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals." PART II. Any individual,.. association or corporation violating any portion or provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction therefor, shall be punished by the assessment of a fine not exceeding Two Hundred Dollars ($200.00), and each day and every day that any such portion or provision of this ordinance be so violated shall constitute a separate and distinct offense. PART III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, -3- hereby declares it would have enacted such remaining portions despite any such invalidity. PART IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of ;;,,,pssage. PASSED AND APPROVED This the day of May, A.D. 1977. ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS ATTEST: iBR KS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: PAUL C. ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS -4- ~~r