§ 38-2. Removal of logging debris from roads; obstructing or damaging roads during logging operations.

(a)

It shall be unlawful for any person, firm or other entity to leave debris of any nature, either natural or manmade, on the rights-of-way owned by the county within the unincorporated areas of the county such as to impede or impair, in any manner, the county's ability to maintain such rights-of-way. Violation of this section shall subject the responsible party to prosecution in the magistrate court of the county and upon a plea of guilty, nolo contendere, or a finding of guilty shall be punished by a fine not to exceed $1,000.00 and/or incarceration in the county jail for a period of time not to exceed 12 months. In addition to such criminal penalties, violations of this section shall subject all responsible parties to a suit by the county for damages to cover any cost incurred in removal of said debris. Any action to collect such damages by the county shall be brought in a court of appropriate jurisdiction.

(b)

At any time the road superintendent of the county deems that continued logging operations on any section of county roadway would cause extensive damage to the roadway, and if such decision is concurred in by the county administrator or the chairman of the board of commissioners, then the road superintendent may request in writing to the responsible parties that logging activities in this designated area cease for a period of 24 hours. Such cease and desist request may be extended for an additional 24 hours by the chairman of the board of commissioners. If the parties notified refuse to cease logging operations, then the road superintendent shall notify such parties that damages for repair will be assessed against them, and will deliver to them in writing a good faith estimate of the amount of damage and the cost of repair. If the responsible parties desire to continue such logging operations, then they shall post with the office of the board of commissioners a bond in an amount twice the amount of the good faith estimate of damage and cost of repair, and the county shall have the right to repair the damage and assess the costs against the bond or bondsman. If the responsible parties fail to cease operations and further fail to post the bond referred to in this subsection, then the county shall be entitled to take all appropriate action, including the seeking of a temporary or permanent restraining order from the court of proper jurisdiction, and action to collect such damages as are incurred, including expenses of litigation.

(c)

Until further notice, all storm related vegetation debris in Emanuel County must be transported to a county approved disposal site to be designated by the county administrator or his designee.

(Code 1992, § 30-2; Ord. of 5-14-2008)