§ 65-7-37. Regulation of use of certain roads

MS Code § 65-7-37 (2019) (N/A)
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Whenever in the discretion of the board of supervisors of any county it seems proper to do so, the board of supervisors may, by order duly entered on its minutes, regulate the use of any hard surfaced or graveled public road in the county by prescribing what kind of wheels may be used on vehicles on said public roads and by prohibiting the use thereon of vehicles using cleats or spikes on wheels. But such order shall, before being in full force and effect, be published in a newspaper published in the county for three (3) consecutive weeks, whereupon such order shall be in full force and effect.

In the event of inclement weather, floods, or other causes wherein immediate nonuse of any of such roads is necessary, the supervisor of the district may enter his proclamation prohibiting the use of said road for such period of time as he deems necessary for the proper preservation thereof, or enter his proclamation regulating the type of traffic that may use such road. However, at the next meeting of the board of supervisors, such supervisor as has entered such a proclamation must present his proclamation to the entire board for its action thereon, and if the full board declines to enter an order in the manner set forth in the next preceding paragraph hereof, then the proclamation of such supervisor shall be null and void and of no further effect. Notice of such proclamation at each public entrance, intersection with another public road, shall be sufficient notice of the proclamation of the supervisor.

This section shall not be construed as to authorize the board of supervisors to prohibit vehicles with spiked or cleated wheels from crossing or going from one side of said road to another, and shall only be construed so as to authorize said board of supervisors to prohibit the use of said spiked or cleated wheels on said public roads.

This section shall not be so construed as to apply to state built or constructed highways or federal aid roads, and shall only be construed to apply to public roads maintained by the county.

Any person going upon any hard surfaced road or portion thereof in such county with any kind of vehicle, or who shall cause any such vehicle to be driven upon any such hard surfaced road in such county in violation of such regulations or orders, shall be guilty of a misdemeanor and, upon conviction therefor, shall be fined in the sum of not exceeding Fifty Dollars ($50.00) and shall moreover be liable severally to any county or road district for any damage done such roads by such illegal act.

As to any county which is required to operate on a countywide system of road administration as described in Section 19-2-3, the duties of a supervisor under this section relating to the issuance of a proclamation shall be performed by the road manager of the county.