(a)
(1) It is unlawful for any person, firm, corporation, partnership, or association to construct any fence on any property in such a manner as to enclose any cemetery, graveyard, or burying place unless reasonable access by automobile to the cemetery is provided by gate or otherwise.
(2) As used in this subsection, “cemetery” is not intended to apply to any private family burial plot that:
(A) Contains fewer than six (6) commercial grave markers;
(B) Has not been used for a burial purpose for at least twenty-five (25) years; and
(C) Has not had an access road to the burial plot for at least thirty (30) years.
(3) Nothing in this section prohibits the placement of a fence around any cemetery for the purpose of defining a boundary or protection of a grave site, if any fence or gate is sufficiently maintained.
(b)
(1) Any person, firm, corporation, partnership, or association violating any provision of this section is guilty of a violation and upon conviction shall be fined in any sum not less than ten dollars ($10.00) nor more than one hundred dollars ($100).
(2) Every day that the violation exists is a separate offense.