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HomeMy WebLinkAbout2466ORDINANCE NO. AN ORDINANCE of the City of Port Angeles eliminating certain references to a repealed criminal code provision, and amending Ordinances No. 2285 and Sections 13.18.050, 13.18.060, and 13.18.070 of the Port Angeles Municipal Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. Section 1 of Ordinance No. 2285 and Sec- tions 13.18.050 through 13.18.070 of the Port Angeles Municipal Code are each hereby amended to read as follows: 13.18.050 - Obtaining Utility Services With Intent to Deprive - Theft. It is a- . -kreft -cri ktit- the- ttteetirritg- ro4 -PAMG 9ri6 7996 unlawful for anyone to knowingly obtain utility services, including but not limited to electricity, water or sewer services, with the intent to deprive the utility of the full payment for said services by: A. Secret or unauthorized connections to any utility; or B. Bypassing or diverting around the utility's meter; or C. Obtaining services through a meter which has been tampered with, altered, replaced, or operated backwards so that the meter does not measure the full amount of the service supplied to the person or the person's premises, or another person or premises; or D. Falsification of payment, consumption or any other utility recores; or E. Any other method or combination of methods, including methods in subsections A, B, C and D, above, which deprives the utility of full payment for supplying its services without the utility's permission. 13.18.060 - Intent to Deprive - Rebuttable Presumption. For the purposes of Section 13.18.050, there shall be a rebuttable presumption that the recipient of unauthorized, -1- unmetered or incorrectly metered utility services intended to deprive the utility of proper payment for its service- withsn -the mean #ng --e -i C- -9 . This presumption does not apply if the diversion of the utility's service or the tampering, alteration, or replacement of the utility's metering equipment is reasonably attributed to acciden or accidental malfunction of the utility's metering equipment. 13.18.070 - Criminal Penalties. Violation of Section 13.16.050 shall be punished as a Class I misdemeanor under-PAM 9.46 7999 by either fine or imprisonment, or both, up to the maximum sentence allowed under the jurisdiction of the court in which the charge is filed. Section 2 - Effective Date. This Ordinance shall take effect five (5) days after date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the Rik day of LI10-1)-Eind WA'' , 1987. ATTEST: Sherri L. An erson, City Clerk APPROVED AS TO FORM: J 1 Craig Ijr-Knutson, City Attorney PUBLISHED: croeyY h -2-