28-6706. Primitive roads

A. The board of supervisors or the governing body of a city or town may designate a public road within its jurisdiction as a primitive road as prescribed in this section.

B. Neither a county, city or town nor its employees are liable for damages or injuries resulting from the use of a primitive road designated under this section except for intentional injuries or gross negligence caused by an employee acting within the scope of the employee's employment.

C. The board of supervisors or the governing body of a city or town shall not designate a road as a primitive road unless it was opened before June 13, 1990 and was not constructed in accordance with county standards.

D. The county, city or town shall place signs on every road designated as a primitive road in locations adequate to warn the public. These signs shall state "Primitive road, caution, use at your own risk. This surface is not regularly maintained."

E. A board of supervisors or the governing body of a city or town shall not designate a state or county highway as a primitive road.