(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.