A. Permitted: It is unlawful for any landowner to close or restrict any county roads, rights of way and easements to the general public. The landowner may install and shall maintain gates and/or cattle guards across the county roads, rights of way and easements on the terms and conditions set forth in this section. (1998 Code § 12.04.030)
B. Gates: The installation of a gate across the county roads, rights of way and easements shall be by permit only, and subject to the following terms and conditions:
1. Applications for permit shall be made to the county road department, pursuant to section 6-1-7 of this chapter.
2. Gates shall meet certain specifications as set forth by the road department.
3. The gates shall remain unlocked at all times.
4. A gate shall be allowed only if the nature of road traffic on that particular roadway is such that the existence of a gate across the roadway is not a major inconvenience to the travelers on the public rights of way. Such determination shall be reasonable and shall be made by the county commission, based upon level of traffic and proper compliance with regulations.
5. Upon the installation of a gate, if the nature of the traffic on the roadway changes to the extent that the gate is becoming a hindrance to the traffic on said roadway, then said gate shall be removed. (1998 Code § 12.04.040)
C. Cattle Guards: On those roadways where the traffic is of such nature that gates are a major inconvenience, the county shall allow the installation of cattle guards on the following conditions:
1. The installation of the cattle guard shall be by permit only, and obtained as outlined in section 6-1-7 of this chapter.
2. The cattle guard proposal shall meet the approval of the road department.
3. The property owner shall provide the cattle guard at the landowner's expense, together with a four thousand dollar ($4,000.00) fee to cover future maintenance and repair. Said fee may be waived; provided, that the landowner enters into an agreement with the county to provide maintenance and repair of the cattle guard for the period of time that the cattle guard is required.
4. If the landowner enters into the agreement to provide maintenance and repair, and the fee is waived, the landowner shall be responsible for the repair and maintenance of the cattle guard as needed and/or at the direction of the county road department supervisor for ten (10) years from the date of installation, at which time the landowner shall, at his own expense, refurbish the cattle guard. Upon approval of the supervisor of the county road department, the county shall assume the responsibility for maintenance. Upon the expiration of twenty (20) years from the date of installation, the county shall reevaluate the need for the cattle guard.
5. If the cattle guard is not properly maintained or replaced when it becomes damaged, or it is determined that the cattle guard is no longer necessary, the county shall have the right to remove said cattle guard from the roadway. (1998 Code § 12.04.050)