Closing or restricting use; failure to observe signs and markers; exceptions

(a) Except as provided in subsection (d) of this section, any person who willfully fails to observe any sign, marker, warning, notice or direction, placed or given under W.S. 24-1- 108 is guilty of a misdemeanor, and upon conviction thereof by any court of competent jurisdiction, shall be subject to a fine of not more than seven hundred fifty dollars ($750.00) or to imprisonment for a period not to exceed thirty (30) days, or to both such fine and imprisonment.

(b) The department or state highway patrol may allow a person to proceed past any sign, marker, warning, notice or other device posted pursuant to W.S. 24-1-108 under the following circumstances:

(i) The person requesting permission to travel upon a closed road is seeking to travel to a destination beyond the closure point, but in an area unaffected by the conditions warranting the closure;

(ii) The department or state highway patrol makes a determination there is no dangerous or hazardous condition which would reasonably preclude the ability of the person to travel on the closed portion of the highway; and

(iii) The person making the request shall agree to any conditions or requirements for traveling on the closed portion of the highway which are imposed by the department or state highway patrol.

(c) Any permission granted under subsection (b) of this section to travel upon a closed road shall be granted by the department or the state highway patrol on a case-by-case basis, unless otherwise determined by the department or the highway patrol.

(d) Any person who willfully fails to observe any sign, marker, warning, notice or direction placed or given under W.S. 24-1-108 for closure to light and high profile vehicles or other weight based closures is guilty of a misdemeanor, and upon conviction, shall:

(i) For a first offense, be subject to a fine of one thousand dollars ($1,000.00) and may be subject to imprisonment not to exceed thirty (30) days;

(ii) For a second or subsequent offense within three

(3) years after a conviction for a violation of this subsection, be subject to a fine of two thousand five hundred dollars ($2,500.00) and may be subject to imprisonment not to exceed thirty (30) days. For purposes of any driver licensing action, a conviction under this paragraph shall be deemed reckless driving under W.S. 31-5-229;

(iii) As the driver of the light and high-profile vehicle at the time of the violation of this subsection, be required to pay any fine imposed under this subsection.