West Virginia Code § 17-16-1

"Obstructions" defined; obstructions declared nuisance; nuisance
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exception; abatement of nuisance by injunction.
Obstructions, within the meaning of this chapter, shall include trees which have been cut or
have fallen either on adjacent land or within the bounds of a public road in such a manner as
to interfere with travel thereon; limbs of trees which have fallen within a public road or
branches of trees overhanging the same so as to interfere with travel thereon; landslides;
carcasses of dead animals, lumber, wood, or logs piled within the bounds of a public road;
machines, vehicles, conveyances, and implements abandoned or habitually placed within the
bounds of a public road; fences, buildings, or other obstructions uwithin the bounds of a
public road; ashes, cinders, earth, stone, or other material placed on a public road or in any
ditch or waterway along such road; water diverted from its rtegular course or channel so as
to injure or endanger a public road; any road connected without lawful authority with a
public road in such manner as to obstruct or impede travel thereon or the flow of water in
the gutters or drains along such road; pipelines, telegraph, telephone, trolley, or other poles
and wires connected therewith, constructed or erected on a public road in such a way as to
interfere with the use thereof; or any other thsing which will prevent the easy, safe, and
convenient use of such public road for public travel. Such obstructions shall be considered
within the bounds of any state or county-district road whenever any part thereof shall
occupy any part of the right-of-way pgrovided by law or acquired for road purposes, not
including the additional land acquired for slopes, cuts, or fills. Fundraising by a volunteer
fire department including boote drives and bucket brigades, and similar fund raising activities
by school-approved or -sponsored groups, bona fide charitable organizations and nonprofit
service organizations wiLthin the boundaries of a municipality do not constitute an
obstruction or nuisance under this chapter: Provided, That the fund raising activity is
conducted during da ylight hours at a signal controlled intersection, an intersection requiring
all vehicles to stop, or at a location approved for such an activity by the municipal law-
enforcement agency. Such obstructions so placed and left within the limits of such road are
hereby declared to be public nuisances, and, in addition to other remedies provided in this
chapter, the county court or the State Road Commission, as the case may be, may apply to
the circuit court, or other court of competent jurisdiction of the county in which they may be,
for an injunction to abate such nuisance.

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