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97-9808 OffensesORDINANCE NUMBER 97-9808 AN ORDINANCE AMENDING SECTION 25-94 OF THE SALINA CODE, PERTAINING TO THEFT OF SERVICES AND REPEALING THE EXISTING SECTIONS 25-94, 31-1, 31-2, 31-3, 31-5 AND 41-8. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 25-94 of the Salina Code is hereby amended to read as follows: "Sec. 25-94. Theft of Services. (a) Theft of services is obtaining services from another by deception, threat, coercion, stealth, tampering or use of false token or device. (b) "Services" within the meaning of this section, includes, but is not limited to, labor, professional service, cable television service, public or municipal utility or transportation service, telephone service, lodging, entertainment and the supplying of equipment for use. (c) "Tampering" within the meaning of this section, includes, but is not limited to: (1) Making a connection of any wire, conduit or device, to any service or transmission line owned by a public or municipal utility, or by a telephone or cable television service provider; (2) Defacing, puncturing, removing, reversing or altering any meter or any connections, for the purpose of securing unauthorized or unmeasured electricity, natural gas, water, telephone service or cable television service; (3) Preventing any such meters from properly measuring or registering; (4) Knowingly taking, receiving, using or converting to such person's own use, or the use of another, any electricity, natural gas or water which has not been measured; or any telephone or cable television service which has not been authorized; or (5) Causing, procuring, permitting, aiding or abetting any person to do any of the preceding acts. (d) In any prosecution under this section, the existence of any of the connections of meters, alterations or use of unauthorized or unmeasured electricity, natural gas, telephone service, cable television service, or water service specified in subsection (c) , shall be prima facie evidence of intent to violate the provisions of this section by the person or persons using or receiving the direct benefits from the use of the electricity, natural gas, telephone service, cable television service or water service passing through such connections or meters, or using the electricity, natural gas, water, telephone service or cable television service which has not been authorized or measured. Theft of service is a Class A misdemeanor." Section 2. That the existing Section 25-94 and Sections 31-1, 31-2, 31-3, 31-5 and 41-8 of the Salina Code are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: June 2, 1997 Passed: June 9, 1997 K istin M. Seaton, Mayor {SEAL} ATTEST: ca '0.JudyrAL,on-, CMC, City erk