1. Whenever, by reason of excessive moisture or a lack of moisture, a section of public road or highway under the supervision of a board of county highway commissioners or board of county commissioners is damaged by heavy loads, the board of county highway commissioners or board of county commissioners having supervision over the section of public road or highway may:

(a) Close the section of public road or highway to such extent and for such time as may be necessary.

(b) Fix the maximum load which may pass over the section of public road or highway.

2. Notices of the closing of any section of public road or highway or limiting of the maximum load which may pass over the section of public road or highway under the provisions of this section must be given by placing a notice at each end of the section of road or highway to be protected, after the board of county highway commissioners or board of county commissioners has passed a resolution to that effect, which resolution must appear upon the minutes of the board of county highway commissioners or board of county commissioners. The notice must state that the section of road is closed to traffic or state the maximum load which may be drawn or carried over the section of road or highway.

3. Unless a greater penalty is provided in NRS 202.287, a person who defaces, destroys, shoots or removes any sign or notice so erected or placed is guilty of a misdemeanor.

4. Any person who passes over a section of road so closed, or who carries over the section of road any load in excess of the weight stated in the resolution of the board of county highway commissioners or board of county commissioners and as stated in the notice, shall be punished by a fine of not more than $1,000, and is liable for any damage that may be done to any section of public road or highway as the result of the unlawful passage. If a fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the board.

[1:184:1925; A 1933, 118; 1931 NCL § 5439] + [2:184:1925; A 1933, 118; 1931 NCL § 5440] — (NRS A 1957, 518; 1967, 569; 1989, 1242; 1993, 897)