FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding signs in any public right-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  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 responsible for the cost of repairing or replacing such markers, signs, signals, barriers, or devices.
     Section  2.  That chapter 31-28 be amended by adding thereto a NEW SECTION to read as follows:

     No person may place or maintain any unauthorized sign, signal, marking, or device within any public right-of-way or attach any unauthorized sign, signal, marking, or device to any

existing sign or post in a public right-of-way. An initial violation of this section is a petty offense. Any subsequent violation by the same person under substantially similar circumstances is a Class 2 misdemeanor. In addition to any other penalty provided by law, the court, as a part of the sentence, shall assess the actual costs of removing the unauthorized sign, signal, marking, or device.
     Section  3.  That § 31-28-22 be amended to read as follows:
     31-28-22.   Every sign, signal or , marking , or device prohibited by § §   31-28-19 and , 31-28-20 , and section 2 of this Act is hereby declared to be a public nuisance and the Department of Transportation is hereby empowered to or local authorities within their respective jurisdiction may remove the same or cause it to be removed without notice.
     Section  4.  The Department of Game, Fish and Parks or its designee may mark or sign a state snowmobile trail within any public right-of-way or public land. The Department of Game, Fish and Parks may place signs within any public right-of-way providing directions to a state owned or managed public use area.
     Section  5.  That chapter 31-28 be amended by adding thereto a NEW SECTION to read as follows:

     Nothing in this chapter may be deemed to limit or encroach upon the practice and activity of a professional licensed pursuant to chapter 36-18A, performing his or her professional duties.