It shall hereafter be unlawful for any person or persons to in any manner obstruct any public road in this state, by putting therein or thereon any obstruction whatsoever, and all persons convicted of a violation of this section shall upon conviction before any court of competent jurisdiction be fined in any sum not to exceed fifty dollars ($50.00) or be imprisoned in the county jail for a period not to exceed thirty days, and pay all the costs of prosecution, or both such fine and imprisonment at the discretion of the court trying the cause.

History: Laws 1903, ch. 58, § 2; Code 1915, § 2698; C.S. 1929, § 64-1307; 1941 Comp., § 58-602; 1953 Comp., § 55-6-2.

Cross references. — For construction of cattle guards where private fences cross school bus routes, see 22-16-8 NMSA 1978.

For unlawful permitting of animals on highways, see 30-8-13 NMSA 1978.

For placing of equipment by utilities upon highways, see 62-1-2 NMSA 1978.

Belief road private not to be considered. — In prosecuting violations of this statutory offense, the intent or belief that the road was a private one is not to be considered by the courts. State v. Brown, 1963-NMSC-127, 72 N.M. 274, 383 P.2d 243.

This section prohibits placing structures on highways for which prosecutions may be had through the district attorney, and the commission has full control in such matters. 1938 Op. Att'y Gen. No. 38-1946.

Prosecution for obstruction with gate. — A person may be prosecuted under this section for obstructing a public road by means of a gate. 1916 Op. Att'y Gen. No. 16-1857.

Gates are obstructions to roads. 1915 Op. Att'y Gen. No. 15-1704.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 273, 274.

Right or duty of highway contractor as to barricading street or highway, 7 A.L.R. 1203, 104 A.L.R. 955.

Closing or obstructing street temporarily to permit its use for purposes of sport or entertainment, 34 A.L.R. 270.

Liability for injury due to condition of part of street occupied by street railway, 54 A.L.R. 1291.

Public contractor's liability to property owner for obstructing street, 68 A.L.R. 1510.

Attracting people in such numbers as to obstruct access to the neighboring premises, as nuisance, 2 A.L.R.2d 437.

Duty of highway construction contractor to provide temporary way or detour around obstruction, 29 A.L.R.2d 876.

Liability for injuries occasioned by falling of awning or the like, 34 A.L.R.2d 486.

Liability of private landowner for vegetation obscuring view at highway or street intersection, 69 A.L.R.4th 1092.

Measure and elements of damages for injury to bridge, 31 A.L.R.5th 171.

40 C.J.S. Highways §§ 231, 248.