(1) A person who without lawful authority or excuse, the proof of which lies on him or her, commits any of the following nuisances, namely—
(a) being under a legal duty to provide for the construction, maintenance, or repair of any public way, fails to perform such duty;
(b) causes any obstruction to the public use of any public way so as to deprive the public of the benefit thereof,
is liable on summary conviction to a fine of $1,000, or to imprisonment for one year, and where the offence continues or is repeated to a fine of $2,000 or imprisonment for 2 years.
(2) A person is not liable for obstructing the public use of any public way by reason only of his or her being a party to any meeting or assembly in, or on, or near any public way unless the purpose of such assembly is or includes the obstruction of the public by force or threats or show of force.