§ 74-21. Enforcement and penalty.

(a)

A person commits an offense if, in connection with the performance of construction in the right-of-way, the person:

(1)

Performs, authorizes, directs, or supervises construction without a valid excavation permit;

(2)

Violates any other provision of this chapter;

(3)

Fails to comply with restrictions or requirements of a permit issued under this chapter; or

(4)

Fails to comply with an order or regulation of the director issue pursuant to this chapter;

(5)

Damages the public right-of-way beyond what is incidental or necessary to the performance of the construction;

(6)

Damages public or private facilities within the public right-of-way; or

(7)

Fails to clear debris associated with the construction from a public right-of-way after construction is completed.

(b)

It is a defense to prosecution under subsection (a)(6) if the person complied with all of the requirements of this chapter and state law and caused the damage because the facilities in question:

(1)

Were not shown or indicated in a plan document, plan of record, record construction drawing, or field survey, staking, or marking; and

(2)

Could not otherwise be discovered in the public right-of-way through the use of due diligence.

(c)

A culpable mental state is not required to prove an offense under this chapter. A person who violates a provision of this chapter is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted. An offense under subsection (a)(7) is punishable by a fine of not less than $500.00 or more than $2,000.00. Any other offense under this chapter is punishable by a fine of $500.00. Each day that a violation is permitted to exist shall constitute a separate offense utility's.

(Ord. No. 2013-018, § 21, 8-22-2013)