Denial of service by a utility consists of any utility refusing to furnish service to another in the area served by such utility. Utility as used in this section is defined as any person furnishing to the public: water, power, telephone or gas. Provided such utility may lawfully refuse its services if:

A. the person to be served has not tendered an amount of money required for the expense of construction, if construction is necessary for furnishing the utilities; or

B. the person has not tendered the amount of money due for the use of such utilities.

Whoever commits denial of services [service] by a utility is guilty of a petty misdemeanor.

History: 1953 Comp., § 40A-13-2, enacted by Laws 1963, ch. 303, § 13-2.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Disputed claim. — A public service corporation could not cut off a supply of water or electricity to enforce payment of a disputed claim. Miller v. Roswell Gas & Elec. Co., 1917-NMSC-034, 22 N.M. 594, 166 P. 1177 (decided under prior law).

Section assumes that customer has right to demand service. — If a customer's installation has not passed or would not pass electrical inspection, he has no right to demand service of utility. 1969 Op. Att'y Gen. No. 69-81.

Duty to refuse service. — A utility has a positive duty to refuse service to a customer whose wiring is known by the utility to be in a dangerous or defective condition. 1969 Op. Att'y Gen. No. 69-81.

Defense to prosecution. — Compliance with rules of the public service commission permitting a public utility to discontinue service immediately in the event of a condition determined by the utility to be hazardous would be a defense to a criminal action upon a refusal to render electric service, but the burden would be upon the utility to produce some evidence that the condition was actually hazardous and to prove the existence of the rule itself. 1969 Op. Att'y Gen. No. 69-81.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 74 Am. Jur. 2d Telecommunications §§ 61, 62; 78 Am. Jur. 2d Waterworks and Water Companies § 15, 47 to 49.

Discontinuance: right of public utility to discontinue line or branch on ground that it is unprofitable, 10 A.L.R.2d 1121.

29 C.J.S. Electricity § 25; 38A C.J.S. Gas § 46 et seq.; 86 C.J.S. Telegraphs, Telephones, Radio and Television §§ 65, 68, 69; 94 C.J.S. Waters §§ 278 to 280.