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
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'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
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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
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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
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