It shall be unlawful for any person to perform any type of construction or other activity within a San Juan County road, right-of-way or easement such as, but not limited to, utility installation or constructing a driveway/road intersection without first applying for and securing authorization from the San Juan County Public Works Department, thereafter complying fully with all provisions and standards set forth in the authorization. (See Appendix D of the San Juan County Road Policy as amended September 4, 2002.) This provision may be waived only in the event of an emergency; however, a follow-up authorization shall be required.

This Ordinance shall be enforced by prosecution for violations thereof in the Magistrate Courts of San Juan County, New Mexico. Upon the filing of a Complaint in the Magistrate Court alleging a violation, and after proof of lawful service of the Complaint upon the alleged violator has been filed in the Magistrate Court, it shall be a separate and distinct violation for each week, or consecutive seven-day period thereafter, during which the violations continue.

Penalties for violation of this Ordinance shall not exceed a fine of Three Hundred Dollars ($300.00) or imprisonment for ninety (90) days, or both such fine and imprisonment for each separate violation.

Upon the effective date of this Ordinance, all of the terms and provisions of Ordinance No. 2, approved and adopted on the 24^th day of May, 1990, are hereby declared to be repealed.