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State of South Dakota
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SEVENTY-SIXTH
SESSION
LEGISLATIVE ASSEMBLY, 2001 |
| 717E0140 |
SENATE BILL
NO.
144
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| Introduced by: Senators Vitter and Putnam and Representatives Broderick, Bartling, Pederson (Gordon), Slaughter, and Van Gerpen |
FOR AN ACT ENTITLED, An Act to
prohibit placing any object or conducting any activity on
or within the public highway right-of-way without written permission and to provide
penalties therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 31-32 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 31-32 be amended by adding thereto a NEW SECTION to read as follows:
Except as may be expressly provided by law, no person may conduct any activity or place
or maintain any object, encroachment, or obstruction on or within the public highway right-of-
way without written permission of the governing body exercising jurisdiction over that public
highway right-of-way. A violation of this section is a Class 1 misdemeanor. If such person has
violated this section, the person has committed a public nuisance and is subject to the provisions
of §§ 21-10-5 and 21-10-9. Any person who damages any public highway while committing an
act in violation of this section is liable for any damages resulting either directly or as the
proximate cause of such act.
Section 2. That § 31-32-5 be repealed.
31-32-5.
Any person who shall place a barbed wire fence across any traveled road, whether
the same be or be not a public highway, without at the same time building an obstruction across
said road outside of and not farther away from said fence than two rods, consisting of at least
two boards or poles securely fastened to three upright posts, commits a petty offense and is liable
to the person injured for all damages sustained.
Section 3. That § 31-28-23 be amended to read as follows:
31-28-23. No person may, without lawful authority, attempt or actually alter, deface, injure, knock down, remove, or in any manner molest or interfere with any official highway marker, sign, guide board, traffic-control device, or any railroad sign or signal, barrier, warning device, or sign erected in connection with highway maintenance or construction activities. A violation of this section is a Class 1 misdemeanor. Any person who violates this section is liable for any damages resulting either directly or as the proximate cause of such act.
Section 2. That § 31-32-5 be repealed.
Section 3. That § 31-28-23 be amended to read as follows:
31-28-23. No person may, without lawful authority, attempt or actually alter, deface, injure, knock down, remove, or in any manner molest or interfere with any official highway marker, sign, guide board, traffic-control device, or any railroad sign or signal, barrier, warning device, or sign erected in connection with highway maintenance or construction activities. A violation of this section is a Class 1 misdemeanor. Any person who violates this section is liable for any damages resulting either directly or as the proximate cause of such act.
