§ 54-8c-4. Violation.

(1) Any responsible party who causes, permits, or allows a function or an activity in violation of any provision of this chapter is subject to a civil penalty in an amount not to exceed $1,000, to be imposed by any court of competent jurisdiction against this party and in favor of the state. If imposed, the fine shall be paid into the General Fund.

(2) Actions to recover the civil penalty under this section shall be brought by a public utility or the county attorney of the county in which the violation occurs.

(3) A responsible party is liable to the public utility operating the high voltage overhead line for all damages to the facilities and for all liability incurred by the public utility as a result of any contact if:

(a) the responsible party causes, permits, or allows a function or an activity in violation of any provision of this chapter; and

(b) as a result, a physical or electrical contact with a high voltage overhead line occurs.

Enacted by Chapter 250, 1988 General Session