Utah Code 72-7-106. Gates on class B and D roads
Current as of: 2024 | Check for updates
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(1) As used in this section, “county road” means:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 72-7-106
- County executive: means :(7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(7)(b) the county executive, in the county executive-council optional form of government authorized by Section
17-52a-203 ; or(7)(c) the county manager, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- County legislative body: means :
(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Road: includes :
(33)(a) a public bridge;(33)(b) a county way;(33)(c) a county road;(33)(d) a common road; and(33)(e) a state road. See Utah Code 68-3-12.5(1)(a) a class B road as defined in Section72-3-103 ; and(1)(b) a class D road as defined in Section72-3-105 .(2) The county executive of a county may authorize the erection or maintenance of a gate on a county road in order to avoid the necessity of building highway fences.(3) The person for whose immediate benefit a gate is erected or maintained shall in all cases bear the expense.(4) Nothing contained in Section72-7-105 shall be construed to prohibit a person from placing an unlocked, nonrestrictive gate across a county road, or maintaining the same, with the authorization of the county executive of that county.(5)(5)(a) A gate is not allowed on a county road unless authorized by the county executive in accordance with the provisions of this section.(5)(b) If the expense of the erection and maintenance of the gate is not paid or if a lock or other device is placed upon the gate so as to make it restrictive, the county executive of that county shall notify the responsible party that county approval is terminated and the gate is considered to be an obstruction under Section72-7-105 .(6) The placement or maintenance of a gate with the authorization of the county executive across a county road does not constitute or establish an abandonment under Section72-5-105 or72-5-305 by the county and does not establish an easement on behalf of the person establishing the gate.(7) A person who commits any of the following acts is guilty of a class B misdemeanor and is liable for all damages suffered by a party as a result of the acts:(7)(a) leaves open a gate, erected or maintained under this section;(7)(b) unnecessarily drives over the ground adjoining the highway on which a gate is erected;(7)(c) places a lock or other restrictive device on a gate; or(7)(d) violates a rule or regulation of a county legislative body relating to the gates within the county. - County legislative body: means :