§ 72-3-112. Authority to designate, maintain, and build livestock highways.

(1) A highway authority may designate, survey, construct, protect, enter into agreements for, purchase rights-of-way for, and maintain livestock highways.

(2) If state highways with heavy traffic are regularly used for the movement of livestock, the department, county legislative bodies, and municipal legislative bodies shall construct and maintain livestock roads or trails for livestock travel.

(3) A livestock highway or trail is for the purpose of transferring livestock and may not be used for pasturing purposes, except during regular transfer operations. The public may use livestock highways or trails but shall give preference to livestock when livestock is present.

(4) A person may not drive livestock upon the public highways when a livestock highway is available and can be used without undue inconvenience.

(5) A person who violates the provisions of Subsection (4) is guilty of a class B misdemeanor. The court shall impose a:

(a) fine of not more than $100;

(b) jail sentence of not more than 30 days; or

(c) fine and imprisonment.

Renumbered and Amended by Chapter 270, 1998 General Session