A person who, without lawful authority or excuse, so disturbs the surface of—
a footpath,
a bridleway, or
any other highway which consists of or comprises a carriageway other than a made-up carriageway,
as to render it inconvenient for the exercise of the public right of way is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
Proceedings for an offence under this section shall be brought only by the highway authority or the council of the non-metropolitan district, parish or community in which the offence is committed; and, without prejudice to section 130 (protection of public rights) above, it is the duty of the highway authority to ensure that where desirable in the public interest such proceedings are brought.