No person or corporation shall erect any fence, house, or other structure, or dig pits or holes in or upon any highway, or place thereon or cause or allow to be placed thereon any stones, timber, or trees or any obstruction whatsoever. No person or corporation shall tear down, burn, or otherwise damage any bridge of any highway, or cause wastewater or the water from any ditch, road, drain, flume, agricultural crop sprinkler system, or other source to flow or fall upon any road or highway so as to damage the same or to cause a hazard to vehicular traffic. Any person or corporation so offending is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than three hundred dollars and shall also be liable to any person, unit of government, or corporation in a civil action for any damages resulting therefrom. Upon a third conviction therefor, the offender shall be punished by a fine of not less than ten dollars nor more than three hundred dollars or by imprisonment in the county jail for not more than three days and shall also be liable to any person, unit of government, or corporation in a civil action for any damages resulting therefrom. Each day such condition is allowed to continue upon any highway shall be deemed a separate offense.
Source: L. 1883: p. 261, § 36. G.S. § 2988. L. 1885: p. 325, § 1. R.S. 08: § 5826. C.L. § 1280. CSA: C. 143, § 34. CRS 53: § 120-4-1. C.R.S. 1963: § 120-4-1. L. 81: Entire section amended, p. 1775, § 2, effective July 1.
Cross references: For damaging road, ditch, or flume, see § 7-42-109; for penalty for cutting or breaking ditch or flume, see § 37-89-101; for obstructing highway or other passageway, see § 18-9-107.