(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) As set out in § 152.25 of this chapter, any person who makes or causes an encroachment, as defined herein, upon any county road rights-of-way who fails to first obtain an encroachment permit from the Supervisor as required by this chapter shall be guilty of a Class C misdemeanor. An emergency encroachment is exempted from this prohibition, but only if done in compliance with division (B)(3) below and § 152.14 of this chapter.
(2) Any person who, after obtaining an encroachment permit under this chapter, shall fail to comply with and fulfill the permit’s terms and conditions shall be guilty of a Class C misdemeanor.
(3) Any person who does emergency encroachment work on a county road rights-of-way and fails to make application for an encroachment permit on the first working day following commencement thereof, as required under § 152.14 of this chapter, shall be guilty of a Class C misdemeanor.
(4) Any officers, directors and trustees of any private or public entity who engages agents, general contractors or subcontractors for a project that requires encroachment of a county road rights-of-way, and who permits such agents, general contractors or subcontractors to violate any provision of this chapter, shall be guilty of a Class C misdemeanor.
(C) As set out in § 152.26 of this chapter, any person who causes or permits an obstruction, as defined herein, shall be subject to the following enforcement procedures, to be carried out at the option of the County Attorney:
(1) Prosecute the violator for a Class B misdemeanor pursuant to U.C.A. § 72-7-303; and
(2) Bring a civil enforcement action against the violator pursuant to U.C.A. §§ 76-10-803, 76-10-806 or 72-7-104 to have the obstruction abated, pay for damages and pay the county’s litigation costs and any costs to have the obstruction removed.
(D) (1) Any person who causes or permits a violation of § 152.27 of this chapter shall be guilty of a Class C misdemeanor.
(2) Any officers, directors and trustees of any private or public entity who engages agents, general contractors or subcontractors for a project that involves parking a vehicle within a county road rights-of-way, including on roadway shoulders within a county road rights-of-way, and who permits such agents, general contractors or subcontractors to violate § 152.27 of this chapter shall be guilty of a Class C misdemeanor.
(Ord. 2023-4-1, passed 4-10-2023)