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§47-11-1302.
§47-11-1302.
(a) The state through the Department of Highways and any county or
city in this state through their respective governing bodies are
hereby authorized to close any highway or section thereof, within
their respective jurisdiction, to traffic while such highway is under
repair, maintenance or construction and, in exercising such authority,
shall erect or cause to be erected control devices and barricades to
warn and notify the public that said highway has been closed to
traffic.
(b) When any highway has been closed to traffic under the provisions
of paragraph (a) and traffic-control devices or barricades have been
erected, it shall be unlawful for any person to drive any vehicle
through, under, over, or around such traffic-control devices or
barricades, or otherwise to enter said closed area; except, that the
provisions of this paragraph shall not apply to persons while engaged
in the construction, maintenance and repair of said highway or to
persons entering therein for the protection of lives or property;
provided that persons having their places of residence or places of
business within such closed area may travel, when possible to do so,
through such area at their own risk.
(c) Whenever construction, repair and maintenance of any highway is
being performed under traffic, the governing body having jurisdiction
over said highway shall erect, or cause to be erected, traffic-control
devices to warn and guide the public, and every person using such
highway shall obey all signs, signals, markings, flagmen or other
traffic-control devices which are placed to regulate, control, and
guide traffic through the construction or maintenance area.
(d) No person shall remove, change, modify, deface or alter any
traffic-control device or barricade which has been erected on any
highway under the provisions of this article.
(e) Nothing in this article shall relieve the state or any of its
subdivisions or their contractors, agents, servants or employees from
liability for failure to perform any of the duties imposed herein.
(f) Any person who violates any provision of this article shall be
guilty of a misdemeanor and upon conviction thereof shall be subject
to a fine not to exceed One Hundred Dollars ($100.00) and imprisonment
in the county jail not to exceed thirty (30) days, or both such fine
and imprisonment, and shall be liable for any damage to property, or
injury to or death to persons caused by such violations.
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