68-184. Sprinkling irrigation water on highways declared a public nuisance; injunction.

68-184

Chapter 68.--ROADS AND BRIDGES
PART I.--ROADS
Article 1.--GENERAL PROVISIONS

      68-184.   Sprinkling irrigation water on highways declared a public nuisance;injunction.(a) No person shall allow the sprinkling of water from any irrigation wateringsystem upon any state, county or township road or highway within this state.

      (b)   Any sprinkling of water on roads or highways, as provided in subsection(a), is hereby declared to be a public nuisance, and it shall be the dutyof the county attorney or district attorney of each county of this state,upon receiving notice of such nuisance from any person, to initiate injunctiveremedies, if necessary, to prevent the occurrence of any such public nuisance.

      (c)   Prior to seeking injunctive relief, as hereinbefore provided, thecounty attorney or district attorney of any county in which there existssuch public nuisance shall notify or cause to be notified, the owner, occupantor person in charge of land on which the irrigation system causing a publicnuisance is located that such person is maintaining a nuisance and thatinjunctive relief will be sought if such nuisance is not otherwise abated.

      History:   L. 1976, ch. 222, § 1; July 1.