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O-80-736 - 1/24/1980ORDINANCE NO. 7:2540 AN ORDINANCE AMENDING CHAPTER 10, SECTION 4, SUB- SECTION A, BY ADDING SECTIONS PROHIBITING THE TAMPERING WITH METERS, WATER LINES, OR HYDRANTS; ESTABLISHING RESPONSIBILITY FOR WATER LEAKAGE AND USE; PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT Chapter 10, Section 4, Subsection A. of the Code of Ordi- nances, City of Round Rock, Texas, is hereby amended by adding paragraphs (7), (8) and (9), which said paragraphs shall read as follows: (7) Tampering With Meters and Lines; Prima Facie Evidence Whoever by any means or device prevents water from passing through any meter belonging to the waterworks, or prevents any meter used in connection with the supply of water to any consumer by the waterworks from register- ing the amount of water passing through such meter, or prevents a meter from duly registering the quantity of water supplied or in any way interferes with its proper action of just registration, or without the consent in writing of the Director of Public Works or his author- ized agent, diverts any water from any pipe of the waterworks, or otherwise uses, or causes to be used, without the consent of the Director, any water produced or distributed by the waterworks, or retains possession of, or refuses to deliver any meter, materials or equip- ment belonging to the waterworks, regardless of how it came into his possession, shall be in violation of this article. The presence at any time on or about any such meter or pipe of any device or pipes resulting in the diversion of water or prevention of its free passage and registration by the meter, or resulting in the diversion from the meter as above defined, or resulting in the prevention of water reaching the meter, or resulting in the prevention of the just registration of the meter or meters or the taking of any water except through a meter as above set forth, shall constitute prima facie evi- dence, on the part of the person owning or having custody and control of the room, building, place or premises where such device or pipe is, of knowledge of the existence thereof and knowledge of such existence to the person who would be benefited by the failure of the water to be properly metered, and shall further consti- tute prima facie evidence of intention on the part of such person to defraud, and shall bring such person prima facie within the scope, meaning and penalties of this section. (8) Tampering With Hydrants and Other System Apparatus (a) It shall be unlawful for any person, except a member of the fire department, or employee of the waterworks, to open or use water from a fire hydrant, or to take off the cap without permission from the water- works. ater- works. (b) It shall be unlawful for any person, individually or in association with others, to willfully break, in- jure or tamper with any part of the waterworks system for any purpose whatsoever, or in any other manner to maliciously interfere with or prevent the running and operation of the system and the water supply therein. (9) Responsibility for Water Leakage and Use; Discontinu- ance of Service (a) All property owners, their agents and tenants, shall be held responsible as consumers for loss of water and property damage due to leakage in pipe or plumbing inside the discharge side of the meter or on the proper- ty, and if this water is not paid for according to the rates provided when it becomes due, the water shall be cut off by the waterworks and not turned on again until all claims are paid. In the event of any change in tenant as consumer in rented property and there exists, at the time, arrearages for past leakage, the landlord and property owner shall be held to account for payment for this leakage before service will be extended and water furnished to the second tenant. (b) If any consumer shall be in debt to the water- works for water furnished or for leakage or repairs on any account at his current or previous place of consump- tion, his water shall be cut off by the waterworks as provided in Section 4.D.(3) of this Chapter. (10) Consumer Assent to Chapter Provisions All of the provisions of this Chapter shall be deemed to be incorporated in every contract between the water- works and its consumers, and each consumer shall be charged with knowledge of the provisions of this article and, by applying and accepting water from the water- works, to have assented to the provisions hereof. II. Any person, firm, or corporation who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding Two Hundred Dollars ($200.00), and each and every day the violation continues shall constitute a separate and distinct offense. READ and APPROVED on first reading this the /0 day of January, 1980. READ, APPROVED and ADOPTED on second Zeladay of , 1980. ATTEST: NE LAND, City Secretary reading this the RRY L. TiNN, ayor ity of Round Rock, Texas