The text
8-4-1: - DEFINITIONS:#
For purposes of this chapter, the following terms shall mean:
CONNECTION: Any means (fixed or movable) utilized by any person, firm, partnership, limited company or corporation for the purpose of employing, utilizing, transporting, carrying or conveying any Riverdale City utility service or services to, on, under or across any parcel of real property for the beneficial use or enjoyment of said utility service or services on, under, by, with or in conjunction with said parcel of real property or any appurtenances thereto.
UTILITY SERVICES: Any Riverdale City operated or controlled waterworks, water supply and derivatives thereof, sewer and/or storm sewer collection and treatment systems for which Riverdale City does, will or may charge a fee for the beneficial use or enjoyment thereof.
WATER, WATER SUPPLY AND WATERWORKS: Include, but are not limited to, any water purchased from or offered for sale by Riverdale City both before and after said water passes through any metering or measuring device. The designation of water as a city utility service shall continue even after said water has passed through a metering or measuring device or diversion of any kind or nature whatsoever and continues to be a city utility service for purposes of this chapter both before and after the possession of said water has been taken by the purchaser or user thereof.
(1985 Code § 18-4-1)
8-4-2: - POLICY OF CITY:#
A.
Limited Services: The city hereby declares that, due to the ever growing demands placed upon its utility services by its citizenry and the commercial developments located within the city, the city does not have any primary nor surplus utility services to sell or to provide in any manner whatsoever, directly or indirectly, to nonresidents, commercial developments or to parcels of real property located outside the city's corporate limits. The city shall not sell, deliver, provide to, nor allow any person, firm, partnership, limited company or corporation to purchase, take or divert from the city any utility services of any kind or nature whatsoever.
B.
Exception: Excepted from the purchase or sale prohibitions set forth in this chapter, are such nonresidents and parcels of real property to which the city has supplied utility services for a continuous period of not less than one year prior to the enactment of the ordinance codified herein.
(1985 Code § 18-4-2)
8-4-3: - VIOLATION:#
Any person, firm, partnership, limited company or corporation who knowingly or intentionally makes any utility service connection or diversion of any kind or nature whatsoever, that purveys, directly or indirectly, any utility service to or for the beneficial use or enjoyment of, on, under, across, with or in conjunction with any real property and appurtenances thereto located outside the city corporate limits, or who, upon notice from the city, allows any connection or diversion of any kind or nature whatsoever, that purveys, directly or indirectly, any utility service to or for the beneficial use or enjoyment of, on, under, across, with or in conjunction with any real property and appurtenances thereto located outside the city corporate limits to continue for a period of more than ten (10) days, without the express written consent of the city council, shall be in violation of this chapter, and shall be subject to the penalty provisions of this chapter. Any violation of this chapter shall be classified as theft of utility services.
(1985 Code § 18-4-3)
8-4-4: - REMOVAL OF CONNECTION:#
Any person, firm, partnership, limited company or corporation violating any provision of this chapter shall, within ten (10) days of notice given by the city, remove and cap the connection or diversion which creates or created the violation of this chapter. Said removal and cap shall be accomplished at the expense of the party violating this chapter. In the event the party violating this chapter does not remove and cap the connection or diversion, as directed herein, the city may remove and cap, without further notice, the connection or diversion and assess and collect the cost of said removal and cap from the party violating this chapter. Any penalty imposed upon a party violating this chapter pursuant to section 8-4-5 of this chapter, shall be in addition to the requirement of removal and capping of the connection or diversion as set forth in this section.
(1985 Code § 18-4-4)
8-4-5: - PENALTY:#
Any person, firm, partnership, limited company or corporation who violates any provision of this chapter shall be guilty of a Class B misdemeanor, and upon conviction, such person, firm, partnership, limited company or corporation shall be punished as provided in section 1-4-1 of this code.
(1985 Code § 18-4-5)