§ 24-203. Penalties for violation of ordinance.

(a)

Any person who violates the requirements of section 24-196 shall be guilty of a crime punishable by payment of a fine of one thousand dollars ($1,000.00). The fine provided for in this subsection shall not be imposed on a person engaged in farming activities on land he owns or leases.

(b)

Any person who violates the requirements of section 24-196 and whose subsequent excavating or blasting damages gas pipes or other underground utility facilities shall be strictly liable for:

(1)

Any cost incurred by the utility in repairing or replacing its damaged facilities; or

(2)

Any injury or damage to persons or property resulting from damaging the underground gas pipe or other utility facilities.

Any such person shall also indemnify the affected utility against all claims, if any, for personal injury, property damage or service interruptions resulting from damaging the underground gas pipe or other utility facilities.

(c)

Subsections (a) and (b) of this section shall not apply to any person who shall commence, perform or engage in blasting or in excavating with mechanized equipment on any tract or parcel of land in any county in this state if the utility to which notice was given respecting such blasting or excavating with mechanized equipment as prescribed in section 24-196(a) has failed to comply with section 24-197 or has failed to become a member of the utilities protection center as required by section 24-194.

(Ord. No. 57-95, 1-4-96)