South Dakota Codified Laws
Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service
Section 49-34-18 - Unauthorized use of service--Definitions.

49-34-18. Unauthorized use of service--Definitions.
Terms as used in this section and §§49-34-19 to 49-34-21, inclusive, mean:
(1)"Bypassing," the act of attaching, connecting or in any manner affixing any wire, cord, socket, motor or other instrument, device or contrivance to the utility supply system or any part thereof in a manner as to transmit, supply or use any utility service without passing through an authorized meter for measuring or registering the amount of utility service;
(2)"Customer," the person responsible for payment for utility services for the premises. The term includes employees and agents of the customer;
(3)"Tampering," damaging, altering, adjusting or in any manner interfering with or obstructing the action or operation of any meter provided for measuring or registering the amount of utility service passing through the meter, or any valve provided by the utility for preventing back flow of water into the supply lines, or any other devices owned and maintained by the utility;
(4)"Unauthorized metering," removing, moving, installing, connecting, reconnecting or disconnecting any meter or metering device for utility service by a person other than an authorized employee or agent of a utility;
(5)"Utility," any public utility, municipally owned utility, rural water system or cooperative utility which provides electricity, gas or water for sale to consumers;
(6)"Utility service," the provision of electricity, gas, water or any other service or commodity customarily furnished by the utility for compensation;
(7)"Utility supply system," includes all wire, conduits, pipes, cords, sockets, motors, meters, instruments and all other devices used by the utility for the purpose of providing utility service.

Source: SL 1985, ch 375, §1; SL 1999, ch 228, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 49 - Public Utilities and Carriers

Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service

Section 49-34-1 - Use of public way for transmission facilities.

Section 49-34-2 - Construction standards--Obstruction of travel--Repairs.

Section 49-34-3 - Contracts for central heating.

Section 49-34-4 - Acquiring property for accessory facilities--Procedure for condemnation.

Section 49-34-5 - Condemnation of parks or boulevards prohibited.

Section 49-34-6 - Extension of facilities--Branch lines--Designation of route--Filing with secretary of state--Aid authorized.

Section 49-34-7 - Branches to commercial facilities--Condemnation of right-of-way--Maximum length of branch.

Section 49-34-8 - Extension of foreign facilities through state--Local taxation and regulation.

Section 49-34-9 - Power to borrow money and give security--Resolution of board of directors.

Section 49-34-10 - Foreclosure of security--Succession to rights and powers.

Section 49-34-11 - Recordation of security with secretary of state--Effective date of lien--After acquired property.

Section 49-34-11.1 - Public utility defined.

Section 49-34-11.2 - Perfection of security interest in personal property or fixtures of public utility--Filing requirements and effectiveness.

Section 49-34-11.4 - Applicability of uniform commercial code and other laws--Single filing--Compliance with retention requirements.

Section 49-34-12 - Assignment or discharge of security--Recordation with secretary of state--Description of property.

Section 49-34-13 - False meter readings as misdemeanor.

Section 49-34-14 - Overcharging--Civil fine.

Section 49-34-15 - Destruction of facilities as felony.

Section 49-34-16 - Unauthorized or fraudulent connection as misdemeanor--Civil liability unaffected.

Section 49-34-17 - Joint ownership of property used in connection with natural gas or electricity--Agreements for restrictions on alienation.

Section 49-34-18 - Unauthorized use of service--Definitions.

Section 49-34-19 - Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs.

Section 49-34-19.1 - Tampering with back flow preventer a misdemeanor.

Section 49-34-20 - Presumptions.

Section 49-34-21 - Remedies additional.