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Home My WebLink About1979-1149 - Ordinance - 02/22/1979ORDINANCE NO. 1149 AN ORDINANCE, PROHIBITING CERTAIN CONDUCT AFFECTING ELECTRICAL METERS, ELECTRICAL METER TERMINAL BOXES, ELECTRICAL CONDUCTOR, WATER METERS AND WATER DISTRIBUTION MAINS AND LINES OWNED BY THE 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; MAKING ANY INDIVIDUAL, ASSOCIATION OR CORPORATION VIOLATING ANY PORTION OR PRO- VISION OF SAID ORDINANCE GUILTY OF A MISDEMEANOR AND, UPON CONVICTION THEREFOR, PUNISHABLE BY THE ASSESSMENT OF A FINE NOT EXCEEDING $200.00, AND EACH DAY AND EVERY DAY THAT ANY SUCH PORTION OR PROVISION BE SO VIOLATED TO CONSTITUTE A SEPARATE AND DISTINCT OFFENSE; PROVIDING FOR PUBLICATION; PROVIDING REPEALING AND SEVERABILITY CLAUSES; AND PRO- VIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: 1. (a) It shall be unlawful for any person, other than an officer or employee of the City of College Station within the department of Public Works or Fire Department, to knowingly or intentionally (1) remove or cause to be removed any electrical meter owned by said city from any electrical meter terminal box, (2) remove or cause to be removed 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, (5) tap onto or connect or cause to be tapped onto or connected any wire to the supply conductor of any such terminal box, (6) to deny access at any time to any meter by en- closing the meter within a fence without available means of passage, or by enclosing the meter within any structure, or by harboring vicious or threatening animals in the vicinity of the meter. In the prosecution of any offense charged under subsection (a)(1) hereof, it shall be a complete defense to such offense if the person charged shows to the court by legal and competent evidence (1) that such meter was removed for purpose of protecting life or preserving property being immediately threatened by a fire on the premises served by such meter, (2) that such meter was removed for the purpose of preventing a fire 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 checking supply voltage, and at a time when an employee of said city within said department of elec- tric utilities was not available to remove such meter. In the event of the removal of any electrical mete.r.by a duly licensed electrician under the circumstances last hereinabove enumerated, the fact of such removal and the circumstances permitting the same must be reported to the superintendent of the electric division of 1.3065 boo ORDINANCE NO. 1149 Page 2 6 of said department of electric utilities 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 public works of said city, it shall be unlawful for any person, other than an officer or employee of said city within said department of public works, 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, or (3) remove or cause to be removed the cover from any such water meter. (c) In the event any such electrical meter be found to have been removed, 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 con- ductor of any such terminal box, or if any meter be found to be in- accessible due to enclosure within a fence without available means of passage, enclosure within a structure or the presence of vicious or threatening animals, or if any pipe be found to have been tapped onto or connected with any such water distribution main or line, or if any 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, termi- nal box, conductor, water meter or water distribution main or line tend- ing to show or evidencing that any such act or acts have been committed or performed in violation of any portion or provision of this ordinace, the same shall be and constitute prima facie evidence and 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, or 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 prohibited under the terms and provisions of subsections (a) and (b) hereof, 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 with the scope, meaning and penalties hereof. 2. As used herein, the word "person" shall extend and be applied to associations, corporation, firms, partnerships and bodies politic and corporate as well as to individuals. 03056 boo ORDINANCE NO. 1149 3. Page 3 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 $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. 4. The ordinance as set forth herein, imposing a penalty, shall be published in a newspaper of general circulation in the City of College Station in compliance with the provisions of the City Charter. 5. All ordinances or parts of ordinances in direct conflict herewith are repealed to the extent of conflict only. 6. Should any section, subsection, sentence, provision, clause or phrase hereof be held to be invalid, void or unconstitutional for any reason, such holding shall not render invalid, void or uncon- stitutional any other section, subsection, sentence, provision, clause or phrase of this ordinance, and the same are deemed severable for this purpose. 7. This ordinance shall take effect and be in full force ten (10) days after the date of publication. PASSED AND APPROVED this the 22nd day of February, 1979. APP DIED: ATTEST: Z&zt-� ayor City Secret r 03067