(A) Any violation of this chapter may be punished as a Class 2 misdemeanor, with the maximum penalties for such violation defined by SDCL § 22-6-2(2), in accordance with SDCL § 7-18A-2. Restitution to return the highway to the condition it was in before work was performed in violation of this chapter may also be required pursuant to SDCL Chapter 23A-28. Each and every day that such violation continues may constitute a separate offense. (Note: at the time of adoption, this penalty as defined by SDCL § 22-6-2(2) is a maximum fine of $500 and maximum 30 days imprisonment in the county jail. However, it is the intent of this chapter to provide for the maximum penalty allowed by law as defined by SDCL § 22-6-2(2) at the time of the offense.)
(B) In addition, any violation of any the provisions of this chapter or of the criteria and rules promulgated pursuant to this chapter may be considered cause for denial of a permit or the revocation of an existing permit issued pursuant to this chapter, as well as the consequences of such denial or revocation for non-compliance specified in this chapter or in the criteria and rules promulgated pursuant this chapter.
(C) If a performance bond is required for the project pursuant to § 92.24 of this chapter or other provision of law, the county may assert a claim against such bond for any unreasonable lengthy loss of public service and for any remedial work required to place the highway in the same or similar condition as it was in before the commencement of work by the permit holder, if the permit holder fails to remedy the highway itself in a timely manner consistent with the requirements of the permit.
(Ord. 1603-07, passed 3-1-2016)