(1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section. (2) An actor commits unlawful failure to fence a shaft or well if the actor: (a) has sunk or sinks a shaft or well on the public domain for any purpose; and (b) fails to enclose the shaft or well with a substantial curb or fence that is at least 4.5 feet high. (3) A violation of Subsection (2) is a class B misdemeanor. Renumbered and
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