Private Acts of 1971 Chapter 139

SECTION 1.  It is unlawful for any person to perform any type of construction or excavation in the right-of-way of any county road of Bradley County or to make an entrance, remove, injure, damage, or destroy the pavement, curbs, gutters, sidewalks or any other improvements of any county road of Bradley County without a permit issued by the Road Superintendent of Bradley County.  As used in this act, "county road" means any highway, street, road, alley or other public way under the authority of the Road Superintendent and highway department of Bradley County.  "Person" means any person, firm, corporation, municipality or public utility.

SECTION 2.  The County Road Superintendent of Bradley County shall make reasonable rules and regulations governing the issuance of permits and shall require a surety bond or cash deposit in an amount sufficient to insure the satisfactory repair of the road to its previous condition before the issuance of a permit to work in the right-of-way of such road.  Such bond or cash deposit shall not be released by the Road Superintendent until the county road or right-of-way has been repaired to its previous condition.

SECTION 3.  The Road Superintendent of Bradley County may enter into an agreement with such permit holder for the Bradley County Highway Department to repair the road or its right-of-way but such permit holder shall pay all costs for such repairs.  The County Road Superintendent shall require a cash deposit in an amount sufficient to pay for the costs of repairs at the time such agreement is made.

SECTION 4.  Upon conviction of a violation of this Act, a person shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1000.00).

SECTION 5.  This Act shall have no effect unless it is approved by a two-thirds (2/3) vote of the quarterly county court of Bradley County before September 30, 1971.  Its approval or non-approval shall be proclaimed by the presiding officer of the quarterly county court and certified by him to the secretary of state.

SECTION 6.  For the purpose of approving or rejecting the provisions of this Act, as provided in Section 5, it shall be effective on becoming a law, the public welfare requiring it.  For all other purposes it shall become effective upon being approved as provided in Section 5.

Passed:  May 12, 1971.