§ 24-1-133 — Posting notice of restrictions to public roads and adjacent lands; restrictions; penalties

(a) No person shall post a notice purporting to restrict
access over a public road unless the restriction has been
approved by the governing body having jurisdiction over the
road.
(b) For purposes of this section "public road" means any
passageway to which there is a duly recorded instrument from the
landowner or his predecessor in interest conveying to the public
unrestricted legal right to use the passageway or to which a
governing body has acquired unrestricted legal right for the
public to use the passageway.
(c) The governing body or its authorized representative
having jurisdiction over the public road shall issue a written
demand to any person who unlawfully posts a notice in violation
of subsection (a) of this section directing that the notice be
removed within three (3) days following receipt of the notice.
The demand shall be delivered in person by a peace officer or
mailed by both first class mail and certified mail return
receipt requested to the person's last known mailing address.
Any person who knowingly posts an illegal notice or who fails to
remove an illegal notice within three (3) days after receiving
the demand from the governing body is guilty of a misdemeanor.
If the person cannot be personally served because he
deliberately made himself unavailable for service, or refused to
accept delivery of the demand by certified mail, then he shall
be guilty of a misdemeanor if he fails to remove the illegal
notice within five (5) days after the demand was mailed to him
by the governing body. Any person convicted of a misdemeanor
under this section shall be punished by a fine up to six hundred
dollars ($600.00) for each day the person fails to remove the
illegal notice. For a second or subsequent offense, the penalty
shall be a fine of not more than six hundred dollars ($600.00)
per day, and up to six (6) months in jail, or both.
(d) It shall be a defense to any charge under this
section, that severe weather or other circumstance not within
control of the person charged prevented removal of the notice.