Unless another penalty is expressly provided in this chapter
or as otherwise provided by state law, every person convicted of a
violation of any provision of this chapter shall be punished by a
fine of not more than $300 or by imprisonment for not more than 90
days, or by both such fine and imprisonment. (*)
Any municipality may, by passage of an ordinance, establish
a municipal penalty assessment program similar to that established
in NMSA 1978, § 66-8-116, for violations of provisions of
the Motor Vehicle Code.[1] Such a municipal program shall be limited to violations
of municipal traffic ordinances. All penalty assessments shall be
processed by the Municipal Court, and all fines and fees collected
shall be deposited in the treasury of the municipality. (66-8-130
NMSA 1978)
[1]
Editor's Note: The Penalty Assessment Program is included as an attachment to this chapter.
A.
There is imposed upon any person convicted of violating any municipal
ordinance the penalty for which carries a potential jail term or any
ordinance relating to the operation of a motor vehicle the following
mandatory fees:
B.
As used in this chapter, "convicted" means the defendant has been
found guilty of a criminal charge by the Municipal Judge, either after
trial, a plea of guilty or a plea of nolo contendere, or has elected
to pay a penalty assessment in lieu of trial.
C.
All corrections fees collected shall be deposited in a special corrections
fund in the municipal treasury and shall be used only for:
(1)
Municipal jailer training;
(2)
Construction planning, construction, operation and maintenance
of the municipal jail;
(3)
Paying the costs of housing the municipality's prisoners in
a county jail or detention facility or housing juveniles in a detention
facility;
(4)
Complying with federal match or contribution requirements relating
to jails or juvenile detention facilities;
(5)
Providing inpatient treatment or other substance abuse programs
in conjunction with or as an alternative to jail sentencing;
(6)
Defraying the cost of transporting prisoners to jails or juvenile
detention facilities; or
(7)
Providing electronic monitoring systems.
D.
A municipality may credit the interest collected from fees deposited
in the special corrections fund to the municipality's general fund.
E.
All judicial education fees collected shall be remitted monthly to
the State Treasurer for credit to the judicial education fund and
shall be used for the education and training, including production
of benchbooks and other written materials, of Municipal Judges and
other Municipal Court personnel.
F.
All court automation fees collected shall be remitted monthly to
the State Treasurer for credit to the municipal court automation fund
and shall be used for the purchase and maintenance of court automation
systems in the Municipal Courts. The court automation system shall
have the capability of providing, on a timely basis, electronic records
in a format specified by the judicial information system council.
(35-14-11 NMSA 1978)
A.
The municipality shall provide books to include uniform traffic citation
forms authorized by state law for notifying alleged violators to appear
and answer to charges of violating traffic ordinances in the Municipal
Court.
B.
The municipality shall issue uniform traffic citation books to the
Chief of Police or his authorized agent and shall maintain a record
of every book issued and shall require a written receipt for every
book.
C.
The Chief of Police shall keep a record and require a receipt for
each serially numbered citation issued to individual officers. (*)
A.
Except as provided in § 12-12-5, unless a penalty assessment or warning notice is given, whenever a person is arrested for any violation of this chapter or other law relating to motor vehicles punishable as a misdemeanor, the arresting officer, using the uniform traffic citation, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the arrested person sign the agreement to appear as specified, give a copy of the citation to the arrested person and release him from custody.
B.
Whenever a person is arrested for violation of a penalty assessment
misdemeanor and elects to pay the penalty assessment, the arresting
officer, using the uniform traffic citation, shall complete the information
section and prepare the penalty assessment notice indicating the amount
of the penalty assessment, have the arrested person sign the agreement
to pay the amount prescribed, give a copy of the citation along with
a business reply envelope addressed to the Municipal Court with jurisdiction
and release him from custody. No officer shall accept custody or payment
of any penalty assessment. If the arrested person declines to accept
a penalty assessment notice, the officer shall issue a notice to appear.
(66-8-123 B NMSA 1978)
C.
The arresting officer may issue a warning notice, but shall fill
in the information section of the uniform traffic citation and give
a copy to the arrested person after requiring his signature on the
warning notice as an acknowledgment of receipt. No warning notice
issued under this section shall be used as evidence of conviction
for purposes of suspension or revocation of license under NMSA 1978,
§ 66-5-30.
D.
In order to secure his release, the arrested person must give his
written promise to appear in court, or to pay the penalty assessment
prescribed or acknowledge receipt of a warning notice.
E.
Any officer violating this section is guilty of misconduct in office
and is subject to removal. (66-8-123 NMSA 1978)
The uniform traffic citation used as a notice to appear is a
valid complaint, though not verified. (66-8-131 NMSA 1978)
A.
Members of the municipal police force may arrest without warrant
any person:
(1)
Present at the scene of a motor vehicle accident;
(2)
On a street when charged with theft of a motor vehicle;
(3)
Charged with crime in another jurisdiction, upon receipt of
a message giving the name or a reasonably accurate description of
the person wanted, the crime alleged and a statement he is likely
to flee the jurisdiction of the state; (66-8-125 NMSA 1978)
(4)
Charged with driving while under the influence of intoxicating
liquor or drugs;
(5)
Charged with failure to stop in the event of an accident causing
death, personal injuries or damage to property;
(6)
Charged with reckless driving;
(7)
The arresting officer has good cause to believe has committed
a felony;
(8)
Who refuses to give his written promise to appear in court or
acknowledge receipt of a warning notice; (1961-62 Op. Atty. Gen. No.
61-117) or
(9)
Who is charged with driving when his privilege to do so was
suspended or revoked pursuant to NMSA 1978, § 66-8-111,
or pursuant to a conviction for driving while under the influence
of intoxicating liquor or drugs. (66-8-122 NMSA 1978)
B.
To arrest without warrant, the arresting officer must have reasonable
grounds, based on personal investigation which may include information
from eyewitnesses, to believe the person arrested has committed a
crime.
C.
Members of the municipal police force may not make arrests for traffic
violations if not in uniform; however, nothing in this section shall
be construed to prohibit the arrest, without warrant, by a peace officer
of any person when probable cause exists to believe that a felony
crime has been committed or in nontraffic cases. (66-8-125 NMSA 1978)
D.
This section governs all police officers in making arrests without
warrant for violations of the New Mexico Motor Vehicle Code, this
chapter and other laws relating to motor vehicles but the procedure
prescribed is not exclusive of any other method prescribed by law
for the arrest and prosecution of a person violating these laws. (66-8-127
NMSA 1978)
Whenever any person is arrested for any violation of this chapter
or other law relating to motor vehicles punishable as a misdemeanor,
he shall be immediately taken before an available Municipal or Magistrate
Judge who has jurisdiction of the offense when the:
A.
Person requests immediate appearance;
B.
Person is charged with driving while under the influence of intoxicating
liquor or narcotic drugs;
C.
Person is charged with failure to stop in the event of an accident
causing death, personal injuries or damage to property;
D.
Person is charged with reckless driving;
E.
Arresting officer has good cause to believe the person arrested has
committed a felony;
F.
Person refuses to give his written promise to appear in court or
acknowledge receipt of a warning notice; or
G.
Person is charged with driving when his privilege to do so was suspended
or revoked pursuant to a conviction for driving while under the influence
of intoxicating liquor or drugs. (66-8-122 NMSA 1978)
A.
It is a misdemeanor for any person to violate his written promise
to appear in court, given to an officer upon issuance of a uniform
traffic citation, regardless of the disposition of the charge for
which the citation was issued.
B.
A written promise to appear in court may be complied with by appearance
of counsel. (66-8-126 NMSA 1978)
A.
No person shall be arrested for violating this chapter or other law
relating to motor vehicles punishable as a misdemeanor except by a
commissioned, salaried peace officer who, at the time of arrest, is
wearing a uniform clearly indicating his official status. (66-8-124
NMSA 1978)
B.
Notwithstanding the provisions of Subsection A of this section, a municipality may provide by ordinance that uniformed private security guards may be commissioned by the local police agency to issue parking citations for violations of clearly and properly marked fire zones and handicapped zones. Prior to the commissioning of any security guard, the employer of the security guard shall agree, in writing, with the local police agency to said commissioning of the employer's security guard. The employer of any security guard commissioned under the provisions of this section shall be liable for the actions of that security guard in carrying out his duties pursuant to that commission. Notwithstanding the provisions of the Tort Claim Act, private security guards commissioned under this section shall not be deemed public employees under that Act. (66-8-124 NMSA 1978)
A.
Any entity that wishes to submit uniform traffic citations required
to be submitted to the Department by electronic means must secure
the prior permission of the Department. (66-8-128 D NMSA 1978)
B.
Every police officer issuing a uniform traffic citation to an alleged
violator of this chapter or other law relating to motor vehicles shall
dispose of the citations as indicated on the back of each copy. (66-8-133
NMSA 1978)
C.
Citations spoiled or issued in error shall be marked "void" in large
letters on the face, signed by the officer, and the copies disposed
of as a valid warning notice. (66-8-133 NMSA 1978)
D.
Upon filing of the uniform traffic citation in the Municipal Court,
the citation may be disposed of only by trial in the Court or by other
official action by a Judge of the Court including, at the discretion
of the Municipal Judge, forfeiture of bail or by payment of a fine
to the Traffic Violations Bureau of the Court. (*)
E.
The Chief of Police shall maintain or cause to be maintained a record
of serially numbered warrants issued by the Municipal Court on traffic
violation charges which are delivered to the Police Department for
service and of the final disposition of all such warrants. (*)
F.
The Chief of Police shall issue, keep a record and require a receipt
for each serially numbered citation issued to individual police officers.
(66-8-132 NMSA 1978)
G.
It is a misdemeanor and official misconduct for any officer or other
public official or employee to dispose of a uniform traffic citation
except as provided in this section. (66-8-133 NMSA 1978)
A.
Any person who cancels or solicits the cancellation of any uniform
traffic citation other than as provided in this chapter is guilty
of a misdemeanor.
B.
Every record of uniform traffic citations required in this chapter
shall be audited monthly by the appropriate fiscal officer of this
municipality.
C.
The fiscal officer shall publish an annual summary of all traffic
violation notices issued by the traffic enforcement agency. (66-8-134
NMSA 1978)
A.
Every Municipal Judge shall keep a record of every traffic complaint,
uniform traffic citation and other form of traffic charge filed in
the Judge's Court or its Traffic Violations Bureau and every official
action and disposition of the charge by that Court.
B.
Within 10 days of the later of entry of judgment and sentence or
failure to appear on a charge of violating this chapter or other law
or ordinance relating to motor vehicles or the final decision of any
higher court that reviews the matter and from which no appeal or review
is successfully taken, every Municipal Judge, including Children's
Court Judges, or the Clerk of the Court in which the entry of judgment
and sentence or failure to appear occurred, shall prepare and forward
to the Department an abstract of the record containing the name and
address of the defendant; the specific section number and common name
of the provision of the local law, ordinance or regulation under which
the defendant was tried; the plea, finding of the court and disposition
of the charge, including fine or jail sentence or both, forfeiture
of bail or dismissal of the charge; an itemization of costs assessed
to the defendant; the date of the hearing; the court's name and address;
whether defendant was a first or subsequent offender; and whether
the defendant was represented by counsel or waived his right to counsel
and, if represented, the name and address of counsel.
C.
The abstract of record prepared and forwarded under Subsection B of this section shall be certified as correct by the person required to prepare it. With the prior approval of the Department, the information required in Subsection B of this section may be transmitted electronically to the Department. Report need not be made of any disposition of a charge of illegal parking or standing of a vehicle except when the uniform traffic citation is used.
D.
When the uniform traffic citation is used, the Court shall provide the information required in Subsection B of this Section in the manner prescribed by the Director. A copy of each penalty assessment processed shall be forwarded to the Division within 10 days of completion of local processing for posting to the driver's record. With the prior approval of the Director, the required information may be submitted to the Division by electronic means in lieu of forwarding copies of the penalty assessments.
E.
The failure or refusal of any judicial officer to comply with this
section is misconduct in office and grounds for removal. (66-8-135
NMSA 1978)
Whenever any motor vehicle without driver is found parked, standing
or stopped in violation of any of the restrictions imposed by this
chapter, the officer finding the vehicle shall take its registration
number and may take any other information displayed on the vehicle
which may identify its user and shall conspicuously affix to the vehicle
a traffic citation on a form provided by the municipality for the
driver to answer to the charge against him within five days during
the hours and at a place specified in the citation. (*)
If a violator of the restrictions on stopping, standing or parking
under the traffic laws or ordinances does not appear in response to
a traffic citation affixed to the motor vehicle within a period of
five days, the Traffic Violations Bureau or Clerk of the Municipal
Court shall send to the owner of the motor vehicle to which the traffic
citation was affixed a letter informing him of the violation and warning
him that, in the event the letter is disregarded for a period of five
days, a warrant of arrest will be issued. (*)
A.
In any prosecution charging a violation of any ordinance governing
the standing or parking of a vehicle, proof that the particular vehicle
described in the complaint was parked in violation of the ordinance,
together with proof that the defendant named in the complaint was
at the time of the parking the registered owner of the vehicle, shall
constitute in evidence a prima facie presumption that the registered
owner of the vehicle was the person who parked or placed the vehicle
at the point where, and for the time during which, the violation occurred.
In the event any person fails to comply with a traffic citation
given to the person or attached to a vehicle or fails to make appearance
pursuant to a summons directing an appearance in the Municipal Court
or the Traffic Violations Bureau, or if any person fails or refuses
to deposit bail as required and within the time permitted by ordinance,
the Municipal Judge shall issue either a summons or a warrant for
his arrest. (*)
All fines or forfeitures collected upon conviction or upon the
forfeiture of bail of any person charged with a violation of any of
the provisions of this chapter shall be paid into the municipal treasury.
(*)
Failure, refusal or neglect on the part of any judicial or other
officer or employee receiving or having custody of any fine or forfeiture,
either before or after a deposit in the municipal treasury, shall
constitute misconduct in office and shall be grounds for removal.
(*)
A.
CHIEF
IMPOUND
OWNER OF A VEHICLE
SIGN
WRITTEN NOTICE
(1)
(2)
(3)
(4)
Definitions. For purposes of this section, the following terms shall
have the meanings indicated:
The Chief of Police of the Municipal Police Department or
his designated representative.
The towing and storage of a motor vehicle as authorized in
this section.
The registered owner or owners of a vehicle as recorded with
the New Mexico Department of Motor Vehicles or similar agency of a
state outside New Mexico. Where written notice to the owner is required
by this section, such notice shall be given to each registered owner.
Where appearance of the owner is required by this section, appearance
may be by a person authorized by the owner to appear on his behalf.
A printed notification to the public giving notice of the
possibility of removal of a vehicle by stating that the area is a
tow-away zone, or that the violation of the restrictions stated on
the sign may result in towing, and the sign must be readily visible
from the point of removal.
Notice sent by certified mail, return receipt requested,
to the last known address of the owner:
When such notice is required under the terms of this section,
weekends and holidays shall not be included when calculating the time
for mailing notice.
When a vehicle is registered in a state outside New Mexico,
the Chief shall make all reasonable and diligent efforts to ascertain
the name and address of all registered owners. If the name and address
information for an in-state or out-of-state registered vehicle is
not available soon enough to meet the time deadlines for mailing written
notice, then the notice shall be mailed as soon as possible after
the information is received.
As a valid substitute for "written notice" as defined herein,
notice may be given by personal service or in any other reasonable
manner, so long as actual notice is given to at least one owner within
the time limits provided. Notice may be effected by verbal notice
to an owner, or to the driver or passenger of a vehicle, if the driver
or passenger reasonably appears to have custody of the vehicle with
the owner's knowledge and permission. Verbal notice to the owner,
driver or passenger shall be valid, however, only if the person so
notified is given all the information required in the written notice
and the person is given in writing a phone number where the owner,
driver or passenger can obtain further information from a municipal
employee.
If notice cannot be given per the other provisions of this definition,
notice shall be given by publication once in a newspaper of general
circulation in the community as soon as practicable after reasonable
and diligent efforts to give notice as provided elsewhere in this
definition prove fruitless. (*)
B.
Prohibition of removal and relocation. It is unlawful for a municipal
officer, or any municipal employee, to remove or relocate, or cause
to be removed or relocated, any unattended vehicle from any street,
alley or public way within the municipal corporate limits, except
as provided in this section. (*)
C.
Impoundment of vehicles generally.
(1)
Any vehicle impounded pursuant to this section shall be towed in accordance with state and local law to an authorized private storage facility or an area designated or maintained by the Police Department or by the municipality. The person authorizing impoundment shall issue signed and dated instructions, in writing, to the storage facility specifically stating whether the vehicle is to be held for investigation or as evidence, or whether it may be released to the owner after all attendant charges have been satisfied pursuant to Subsection H of this section. If the vehicle has been in storage for over 30 days after written notice is given and no hearing has been requested or the vehicle has not been claimed per the provisions of this section, then the storage facility operator may sell the vehicle per the provisions of applicable state law.
(2)
If any vehicle is about to be removed, relocated or is in the
process of being removed or relocated and the owner thereof or his
agent appears and claims the vehicle and agrees forthwith to remove
it or relocate it, such vehicle shall be delivered to such owner or
agent upon demand therefor and upon furnishing satisfactory evidence
of identity and ownership or agency. If any such owner or agent shall
fail, refuse or neglect to forthwith remove such vehicle, such vehicle
shall nevertheless be impounded or relocated. Removal by such owner
or agent shall not relieve the offender of liability for any towing
costs already incurred or for any fine or penalty for the violation
of any law or ordinance for which the vehicle was to be removed or
relocated. (*)
D.
Circumstances permitting summary vehicle impoundment or relocation.
(1)
Any municipal police officer, or any municipal employee who
is authorized to direct traffic or enforce state or local parking
or motor vehicle laws, may order the impoundment of any vehicle within
the municipal corporate limits, without prior notice to the owner
or operator thereof, under the following circumstances:
(a)
When any vehicle is left unattended upon any bridge, viaduct,
or causeway or in any tube or tunnel where the vehicle constitutes
an obstruction or hazard to traffic; (66-7-350 NMSA 1978)
(b)
When any vehicle is parked or left standing upon a street, alley,
or public way in such a position as to obstruct the normal movement
of traffic or in such a condition as to create a hazard to other traffic;
(c)
When any vehicle is found upon a street, alley, public way or
private property, and an offense report has previously been made that
the vehicle has been stolen or a complaint has been filed and a warrant
thereon issued charging that the vehicle has been stolen, and the
owner is not available to or cannot immediately provide for its custody
or removal; (*)
(d)
When any vehicle is parked so as to block the entrance to a
public or private driveway; (66-7-351 NMSA 1978)
(e)
When any vehicle is parked within 15 feet of a fire hydrant,
is illegally parked so as to prevent access by fire-fighting equipment
to a fire hydrant, or is illegally parked in a properly designated
fire lane;
(f)
When the person or persons in charge of a vehicle are by reason of physical injuries, intoxication, illness or other cause incapacitated to such an extent as to be unable to provide for its custody or removal, and i) the vehicle is left as described elsewhere in Subsection D(1); or ii) the location of the vehicle is such that a reasonable person would believe that its owner would desire its relocation or removal. However, nothing in this subsection shall prevent a person who is incapacitated and is not intoxicated or otherwise mentally impaired from requiring that the vehicle not be moved if the sole basis for removal is pursuant to Subsection D(1)(f)(ii);
(g)
When the driver or person in control of a vehicle is lawfully taken into custody by a police officer, and said person is unable to immediately provide for the custody or removal of the vehicle, and i) the vehicle is left as described elsewhere in Subsection D(1); or ii) the location of the vehicle is such that a reasonable person would believe that its owner would desire its relocation or removal. However, nothing in this subsection shall prevent a person who is taken into custody and is not intoxicated or otherwise mentally impaired from requiring that the vehicle not be moved if the sole basis for removal is pursuant to Subsection D(1)(g)(ii);
(h)
When an abandoned, unattended, wrecked, burned or partially
dismantled vehicle is creating a traffic hazard because of its position
in relation to the street, alley, or public way or its physical appearance
is causing traffic to be impeded; (*)
(i)
Wherever the use of a street, alley or public way or any portion
thereof is authorized by the municipality for a purpose other the
normal flow of traffic, or for the movement of equipment, articles,
or structures of unusual size, and the parking of any vehicle would
prohibit or interfere with such use or movement, and signs giving
notice that a parked vehicle may be towed are erected or placed along
the street, alley or public way at least 24 hours prior to the removal;
(66-7-351 NMSA 1978)
(j)
When any vehicle is parked or left standing where stopping is
prohibited by ordinance or other state or local law. No vehicle may
be removed pursuant to this subsection unless signs are posted at
least 24 hours prior to the removal giving notice that the area is
a tow-away zone;
(k)
When any vehicle is parked or standing in a manner so as to
obstruct necessary emergency services, law enforcement services, the
routing of traffic at the scene of a disaster, or when removal is
otherwise necessary in the interest of public safety because of any
emergency, and moving the vehicle to a legal parking location is impractical.
However, the owner or operator of a vehicle so relocated or removed
shall not be subject to any relocation, removal or storage charges,
if the vehicle is otherwise lawfully parked. Such charges shall be
paid by the municipality, except that in the case of emergency utility
repairs such charges shall be paid by the utility company seeking
removal;
(l)
When a vehicle is parked, left unattended or abandoned during
a fire, flood, storm or other public emergency which is apt to cause
substantial damage to the vehicle, removal is in the best interest
of the owner, and moving the vehicle to a safe legal location is impractical;
(m)
When a vehicle is either unattended or disabled and loaded with
either a dangerous, flammable, combustible or explosive substance
which, either by its presence or load conditions, is likely to harm
the health or safety of the public and moving the vehicle to a safe,
legal location is impractical;
(n)
When any vehicle is parked in such a manner as to obstruct or
interfere with any road, sidewalk or right-of-way maintenance or construction,
or any nonemergency utility work, and it is impractical to relocate
the vehicle to another point where parking is legal. No vehicle shall
be removed unless signs are posted giving notice of the work to be
done and the possibility of removal at least 24 hours prior to the
removal; or
(o)
When a vehicle is parked: on a sidewalk; within an intersection;
on a crosswalk; within 20 feet of a crosswalk at an intersection;
within 30 feet upon the approach to any flashing beacon, stop sign
or traffic-control signal located at the side of a roadway; between
a safety zone and the adjacent curb or within 30 feet of points on
the curb immediately opposite the ends of a safety zone, unless the
municipality indicates a different length by signs or markings; within
50 feet of the nearest rail of a railroad crossing; within 20 feet
of the driveway entrance to any fire station and if properly signposted
on the side of the street opposite the fire station entrance where
posted; alongside or opposite any street excavation or obstruction
when stopping, standing or parking would obstruct traffic; or on the
roadway side of any vehicle stopped or parked at the edge or curb
of a street. (66-7-351 NMSA 1978)
(2)
In lieu of towing and impoundment, a municipal police officer, or any municipal employee who is authorized to direct traffic or enforce state or local parking or motor vehicle laws, may relocate or cause to be relocated any vehicle from any street, alley or public way within the municipal corporate limits, without prior notice to the owner or operator thereof when the relocation to a safe, legal location is practical and the vehicle is found under the circumstances set forth in Subsection D(1)(e), (k), (l), (m) or (n). (*)
E.
Notice and procedure following summary impoundment or relocation.
(1)
After a vehicle is towed or relocated pursuant to Subsection D of this section, the Chief shall send written notice within 24 hours of the towing to the owner of the vehicle.
(2)
The notice shall contain the following information:
(a)
The license plate number, make, type and color of the vehicle;
(b)
The location of the vehicle at the time of impoundment or relocation;
(c)
A statement that the vehicle has been taken into custody and
stored, or a statement that the vehicle has been relocated;
(d)
The reason for impoundment or relocation;
(e)
The location and telephone number of the storage facility where
the vehicle is being kept or the place to which the vehicle was relocated;
(f)
A statement that daily storage charges will be assessed in addition
to a towing charge if the removal was proper;
(g)
A statement that the owner may obtain release of the vehicle
by posting bond or paying all amounts due under this chapter;
(h)
A statement that the owner has the right to contest the validity
of the impoundment or relocation by requesting, in writing, a hearing
before the Municipal Judge within 30 days after written notice is
given;
(i)
A statement that failure to obtain release of the vehicle if
impounded will cause it to be sold or otherwise disposed of in accordance
with state law; and
(j)
A phone number and name or title of a municipal employee from
whom the owner can obtain further information.
(3)
The hearing, if requested in a timely manner, shall be held
within 120 hours (excluding weekends and holidays) of receipt of the
request unless the hearing is continued with the agreement of the
owner. The Municipal Judge's decision shall be limited to:
(4)
Upon receipt of the request for a hearing on the legality of an impoundment,
the Municipal Judge shall notify the storage facility of the hearing
and no lien shall be foreclosed by the storage facility as allowed
by state law until the Judge has ruled on the legality of the impoundment.
If the Municipal Judge finds that the vehicle in question was not
lawfully impounded or that the vehicle should otherwise be released
at the municipality's expense, he shall issue and date a certificate
of release, indicating the unlawful impoundment, or the release at
municipal expense, or both, and a copy of the release shall be given
to the owner of the vehicle. Upon receipt of the owner's copy of such
certificate, the authorized storage facility having custody of the
vehicle shall release the vehicle to its owner and towing and storage
fees shall be paid by the municipality in accordance with arrangements
to be made between the municipality and the authorized storage facility.
If the owner fails to present such certificate to the authorized storage
facility having custody of the vehicle within 24 hours of its receipt,
excluding days when the authorized storage facility is not open for
business, the owner shall assume liability for all subsequent storage
charges. The certificate shall advise the owner of such requirement.
(5)
The decision of the Municipal Judge may be appealed to the District
Court. (*)
F.
Abandoned vehicles.
(1)
Any municipal police officer, or any municipal employee who
is authorized to direct traffic or enforce state or local parking
or motor vehicle laws, may order the impoundment of any abandoned
vehicle within the municipal corporate limits. A vehicle is abandoned
if:
(a)
The vehicle is parked on or along any street, alley or public
way and the vehicle displays no current license plate; or
(2)
The Chief may issue a sticker temporarily permitting street
storage, upon application of any owner or agent of an owner, for any
vehicle which is operable and has a current license plate. Stickers
shall expire 15 days after issuance. No owner, whether an individual,
business, corporation, organization, partnership or trust, is entitled
to more than four stickers at any time.
(3)
When a vehicle is abandoned on or along a street, alley or public way under circumstances which do not allow summary removal or relocation pursuant to Subsection D of this section, a notice shall be attached to the vehicle in a manner which is readily visible containing the following information:
(a)
The date and time the notice is affixed to the automobile;
(b)
A statement that, pursuant to this section of this chapter,
the vehicle will be considered abandoned and may be towed and stored
at the owner's expense if it is not removed within 10 days of the
time that the notice is affixed;
(c)
A statement that if the vehicle is impounded and no hearing
is requested or it is not claimed, it can be sold after 30 days as
provided in state law;
(d)
A statement that the owner has the opportunity to challenge the proposed action at a hearing if a written request is submitted to the Municipal Judge within 72 hours after notice is given as provided in Subsection F(4);
(e)
The telephone number where additional information can be obtained;
and
(f)
The identity of the person affixing the notice.
(4)
Written notice containing the same information specified in Subsection F(3) plus the location and a description of the vehicle shall be mailed to the owner of the vehicle within 24 hours after the notice is affixed. However, if written notice is not given within 24 hours after the notice is placed on the vehicle, then the ten-day waiting period shall be extended the amount of time between the placing of notice on the vehicle and the giving of written notice.
(5)
Upon timely receipt of a request for a hearing, the Municipal
Judge shall order a delay of the impoundment of the vehicle until
after the hearing.
(6)
The hearing, if requested in a timely manner, shall be held
within 120 hours (excluding weekends and municipal holidays) of receipt
of the request, unless the hearing is continued with the agreement
of the owner. At the hearing, the Municipal Judge shall only determine
whether the vehicle is or is not abandoned.
(7)
If the Municipal Judge determines that the vehicle is abandoned,
he shall so notify the Chief, who shall cause the impoundment of the
vehicle, unless the vehicle is removed within 24 hours of the Judge's
decision.
(8)
If the vehicle is removed pursuant to Subsection F(7), a person challenging the impoundment shall be entitled to challenge the decision of the Municipal Judge by appeal to District Court.
(9)
If an abandoned vehicle is impounded, and the owner has not
obtained a hearing prior to the impoundment, the owner may file a
request for a hearing with the Municipal Judge on the legality of
the impoundment within 30 days after impoundment. Upon receipt of
the request for a hearing, the Municipal Judge shall notify the storage
facility of the hearing and no lien shall be foreclosed by the storage
facility as allowed by state law until the Judge has ruled on the
legality of the impoundment. If the Municipal Judge rules that the
impoundment was illegal, then the Municipal Judge shall issue and
date a certificate of release, and a copy of the release shall be
given to the owner of the vehicle. Upon receipt of the owner's copy
of such certificate, the authorized storage facility having custody
of the vehicle shall release the vehicle to its owner and towing and
storage fees shall be paid by the municipality in accordance with
arrangements to be made between the municipality and the authorized
storage facility. If the owner fails to present such certificate to
the authorized storage facility having custody of the vehicle within
24 hours of its receipt, excluding days when the authorized storage
facility is not open for business, the owner shall assume liability
for all subsequent storage charges. The certificate shall advise the
owner of such requirement. (*)
G.
Impoundment for investigation evidence or forfeiture. The notice,
hearing and bond provisions set forth in this section shall not apply
to impoundment of the following vehicles for which impoundment is
hereby authorized:
H.
Release of vehicles.
(1)
The Municipal Judge or his designated representatives may order
the release of an impounded vehicle if a hearing has been requested
on the legality of impoundment and upon the posting of bond as set
by the Municipal Judge or his designee. When bond is posted, the vehicle
shall be released into the possession of the owner or his designee.
(2)
In all other cases, upon proof of ownership, an impounded vehicle shall be released only after payment of the accumulated penalties by the owner or his designee as provided in Subsection I.
(3)
The owner shall forfeit the bond if the owner fails to appear
at the hearing before the Municipal Court.
(4)
The owner shall be entitled to reimbursement from the municipality
for all bonds posted and penalties paid if after hearing and appeal,
if any, it is determined that the impoundment or relocation was not
valid.
(5)
This subsection does not authorize release of any vehicle held
for investigation or as evidence of a crime or seized pursuant to
state or federal law. Such vehicle shall be released only upon the
written order of the police officer responsible for its impoundment
or upon an affirmative written statement by the Chief that such vehicle
is no longer needed for investigative or evidentiary purposes or for
forfeiture proceedings. The municipality shall bear the cost of towing
and storage for such impoundments. (*)
I.
Penalties.
(1)
Each time a vehicle is lawfully towed or relocated pursuant
to this section the owner shall pay a fine of $50, unless the municipality
is required to pay for removal or relocation.
(2)
Each day a vehicle is stored pursuant to a lawful impoundment,
the owner shall pay a fine of $10 a day unless the municipality is
required to pay for removal or relocation.
(3)
Nothing in this section shall prevent a person from being found
in violation of any other part of this chapter and from being liable
for any other penalty, fee or charge assessed pursuant to this chapter.
(*)
A.
A person upon whose property or in whose possession is found an abandoned
vehicle or motor vehicle shall have authority to sell, retain, give
away or dispose of the abandoned vehicle or motor vehicle to any person
licensed under NMSA 1978, §§ 66-4-1 through 66-4-9,
provided that he notifies a law enforcement agency prior to such disposal
and obtains from that agency a written clearance stating that neither
the agency's records nor the computerized records of the National
Crime Information Center indicates that the vehicle or motor vehicle
has been reported as stolen, and either:
(1)
The vehicle or motor vehicle in question, regardless of its
age, is either totally wrecked or in such a state of disrepair that
it is suitable only for dismantling purposes;
(2)
The vehicle or motor vehicle in question is at least eight years
of age or older; or
(3)
The vehicle in question has been placed in any storage or wrecker
yard at the request of a law enforcement agency or a property owner
upon whose property the vehicle or motor vehicle was abandoned and
has remained unclaimed in said yard for a period of 30 days, in which
case the owner of the storage yard may proceed to make a claim against
the motor vehicle or vehicle, as specified in NMSA 1978, § 66-3-119,
Subsection C, as though it were abandoned. Any person wishing to obtain
such vehicle may not charge more than $0.50 per day for storage unless
he is licensed as a vehicle storage yard, and he must notify owners
and lien holders within 30 days or lose all rights to claim such vehicle.
B.
Any vehicle which is less than eight years of age or in such a state
of repair that it will be placed back into service or which is not
to be used for dismantling purposes, or which a property owner wishes
to retain for his own use or to sell to any one other than a licensed
dismantler, said person shall proceed to make claim for such vehicle
or motor vehicle through a lien process and obtain a new certificate
of title prior to disposal. (66-3-121 NMSA 1978)
When a driver, owner or person in charge of any vehicle has
received a notice to answer to a charge against him for violation
of any parking provisions of this chapter and the driver, owner or
person in charge of the vehicle has failed to appear and answer the
charge, members of the Police Department or employees of this municipality
acting in their official capacity may temporarily and for a period
of 48 hours immobilize the vehicle when found upon a street by installing
on or attaching to the vehicle a device designed to restrict the normal
movement of the vehicle.
A.
When the vehicle is so immobilized, the member of the Police Department
or employee of this municipality installing or attaching the device
shall conspicuously affix to the vehicle a notice in writing on a
form to be provided by the Chief of Police advising the driver, owner
or person in charge of the vehicle that the vehicle has been immobilized
by this municipality for violation of this chapter and also advising
him of the provisions for release of the vehicle.
B.
No person shall remove the immobilizing device or move the vehicle
before the device is released by the Police Department or the Clerk
of the Municipal Court.
C.
Where the vehicle has been properly immobilized as provided in this
section, a fee of $10 shall be charged by the Police Department or
Clerk of the Municipal Court before releasing the vehicle.
D.
Parking restrictions, if any, otherwise applicable shall not apply
while the vehicle is immobilized as provided in this section. (*)
A.
The public highways in the municipality are dedicated to the reasonable
use thereof by the public.
B.
It shall be unlawful for any person to injure or damage any public
street or any bridge, culvert, sign, signpost, or structure upon or
used or constructed in connection with any public street for the protection
thereof or for protection or regulation of traffic thereon by any
unusual, improper or unreasonable use thereof, or by the careless
driving or use of any vehicle thereon, or by willful mutilation, defacing
or destruction thereof.
C.
It shall be considered unreasonable use of any bridge or structure
to operate or conduct upon or over the same any vehicle, tractor or
engine, not in accordance with NMSA 1978, §§ 66-7-401
through 66-7-416.
D.
It shall be considered unreasonable use of any improved roadway or
street to operate, drive or haul thereon any truck, tractor or engine
in such manner or at times when the surface thereof is in a soft or
plastic condition and the road or portion thereof has been closed
pursuant to law or by order of the Administrator.
E.
It shall be unlawful to erect or maintain any fence or any other
structure across any street, highway or roadway without written permit
from the authorities having control thereof.
F.
The operator and the owner of such vehicle, truck, tractor or engine
from whom the driver or operator has permitted possession at the time
thereof shall be jointly and severally liable for the actual damage
caused by the operation, conducting or hauling thereof over any public
highway, street, bridge, culvert or structure in violation of any
provision of this chapter to be collected by suit brought in the name
of this municipality, and such vehicle, truck, tractor or engine may
be attached and held to satisfy any judgment for such damages.
G.
The proceeds of any such judgment shall be paid to the Treasurer
of this municipality and placed to the credit of the fund for the
construction and improvement of roads and streets. (66-7-416 NMSA
1978)
Judicial proceedings under any provision of this chapter are
valid when performed on Sunday, the same as on other days of the week.
(66-8-8 NMSA 1978)
