CHAPTER 166

(HB 1084)

Counties may regulate the operation of certain off-road vehicles
in highway ditches.

         ENTITLED, An Act to  authorize counties to regulate the operation of certain off-road vehicles in highway ditches.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 32-20 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding the provisions of §  32-20-12, any board of county commissioners may, by ordinance, prohibit the operation of off-road vehicles in any highway ditch along any section of highway under its jurisdiction. However, no board of county commissioners may prohibit an off- road vehicle from crossing one side of the highway to the other. This section does not affect off- road vehicles used in normal agricultural operation or service vehicles of any utility while in the line of duty for the utility. For the purposes of this section, the term, utility, means any provider of electric, gas, water, sewer, pipeline, or telecommunications service.

     Notice of any restriction made pursuant to this section shall be given by placing and maintaining regulatory signs at each end of the section of highway and at each point of intersection. The signs shall be of substantial construction which conspicuously indicates the restriction.

     Signed February 28, 2006

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