[Added 3-9-2022 by Ord. No. 22-01]
This article may be referred to as the "Automated Speed Enforcement
Ordinance" or "ASE."
For the purposes of the ASE, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
The fine assessed for a violation, as set forth in § 12-6-1.8, or other provision under this article (or successor article of the City's codified ordinances).
A written document mailed to the address of the registered
owner or nominee stating that a violation has occurred and payment
is due.
The instrument that detects a violation of this article.
The definition includes but is not limited to cameras and electronic
speed detection equipment reasonably relied upon by police officers.
A person or entity that enters into a contract with the City
of Las Vegas to provide photographic or electronic evidence of a speed
violation through a CSD.
City of Las Vegas Police Department.
The person operating the vehicle at the time of a violation.
To submit information on the actual driver of a vehicle sufficient
to allow the Department to locate and notify the driver in lieu of
the registered owner, including but not limited to, the name, address
and telephone number of the driver.
A written statement by the registered owner identifying the
actual driver of a vehicle as the responsible party for a violation.
The person or entity identified by the registered owner as
the driver or responsible party of the vehicle at the time of the
violation.
The act of operating a vehicle in violation of this article.
A written statement signed under oath and submitted to the
Department or the Contractor under penalty of perjury by the registered
owner of a vehicle who asserts therein that the registered owner was
not driving the vehicle at the time of a violation.
Pursuant to the State of New Mexico records, the owner of
the vehicle involved in the alleged violation, at the time the violation
occurred.
An accused violator who has received an ASE System Fine Notice
and requested a hearing.
Any action or conduct constituting a violation under § 12-6-1.8 of this Code of Ordinances, NMSA 1978, § 66-7-104 of the New Mexico State Motor Vehicle Code, or any other city or state laws pertaining to speeding is a violation. This article does not apply to emergency vehicles responding to an emergency.
A.
Violation recorded by CSD. The Contractor shall provide all evidence
of a CSD-recorded violation to the Department. The Department shall
review all CSD evidence provided by the Contractor.
(1)
If the Department determines that a violation has occurred and
that a citation is warranted, the Department shall cause an ASE fine
notice to be delivered to the vehicle's registered owner.
(2)
The registered owner is strictly and vicariously liable for
the violation unless one of the defenses herein applies. If there
is more than one registered owner, all registered owners shall be
jointly and severally liable for the violation.
B.
ASE fine notice.
(1)
The ASE fine notice shall state and contain the name of the
registered owner or nominee, the effective date of the ASE fine notice,
the type of violation, the date, time, and location of the violation,
a picture of the violation, the license plate number of the vehicle,
the name and identification of the issuing Department official, the
amount of the fine, the response due date and the return address.
The ASE fine notice shall inform the registered owner or the nominee
of the option to complete community service in lieu of payment of
the ASE fine, and the right to request a hearing.
(2)
Delivery. The ASE fine notice shall be delivered to the address
of, posted on the property of, or personally served upon, the registered
owner according to the address registered with the Department of Motor
Vehicles, from information obtained from any court, from Department
records, or from any other documentation or records reasonably relied
upon by City employees, or it shall be delivered to the address of,
posted on the property of, or personally served upon, the nominee
according to the owner's affidavit.
C.
Response to an ASE fine notice. The registered owner shall timely
pay the fine, elect to complete community service, file an owner's
affidavit making a nomination, or request a hearing by the response
due date as indicated by the ASE fine notice.
D.
Nomination. A registered owner not driving the car at the time of
the violation may either accept the responsibility for the violation
and pay the ASE fine, or identify the driver so an ASE fine notice
can be sent to the driver.
(1)
If the registered owner claims that another person was driving
the vehicle at the time of the violation, the registered owner shall
so indicate on the owner's affidavit and identify the person who was
driving the vehicle. Any registered owner who submits an owner's affidavit
does so under penalty of perjury.
(2)
A new ASE fine notice will be delivered to the nominee. If the
nominee successfully appeals the allegation that they were the driver,
the City may proceed against the registered owner. The registered
owner shall be responsible for payment of the ASE fine if the City
cannot assert jurisdiction over the nominee, subject to the remaining
defenses available.
E.
Default. If the city does not receive timely payment of the ASE fine,
an election to complete community service, a nomination, or a request
for a hearing, by the response due date as indicated by the ASE fine
notice, the registered owner shall be in non-discretionary default.
If the default is not cured, the City may pursue all remedies for
collection of a debt and is entitled to an award of reasonable attorney's
fees incurred.
F.
Hearing. In the event of a demand for a hearing, the Judge or Hearing
Officer shall hold a hearing. The hearing shall be conducted following
the rules of evidence and civil procedure for the magistrate courts.
The Department has the burden to prove the violation by a preponderance
of the evidence. The respondent has the burden to prove any defenses
by a preponderance of the evidence. If the Department prevails, the
respondent shall pay the fine within 30 consecutive days from the
date of the decision. Following a hearing, and upon the respondent
posting a bond in the amount of the fine, the respondent may appeal
the decision of the Judge/Hearing Officer to the District Court within
30 days of the decision.
G.
Defenses. At a timely requested hearing, the respondent may present
the following defenses:
(1)
The vehicle was stolen or otherwise being driven without the
registered owner's knowledge or permission at the time of the alleged
violation. The registered owner shall have a relevant police report
pertaining to the theft as a precondition to the owner qualifying
for this defense.
(2)
The ownership of the vehicle had lawfully been transferred and
conveyed from the registered owner to another person before the time
of the alleged violation.
(3)
The evidence does not show that a violation was committed.
(4)
The respondent is the registered owner, but was not driving the vehicle at the time of the violation. To assert this defense, the registered owner shall identify the actual driver and comply with the nomination provisions in Subsection D of this section.
(5)
The registered owner did not receive notice because the ASE
fine notice was not mailed to the address of record with the New Mexico
Department of Motor Vehicles or otherwise the respondent's constructive
notice was not received by the respondent.
H.
Penalty.
(1)
A violation constitutes a non-discretionary civil infraction
punishable by a fine of $100 or completion of four hours of community
service.
(2)
A violator may elect service to the City as an alternative to
payment of fines. A violator who elects the option of service to the
City in lieu of payment of a fine does so voluntarily and is entitled
to none of the benefits conferred upon City employees, including,
without limitation, worker's compensation or the payment of any wages
or benefits. The City is not responsible for damages incurred as a
result of such service except as otherwise provided by law. The person
seeking relief hereunder shall timely request the option of service
to the City in lieu of payment of a fine. Services shall be rendered
in not less than full hour increments and shall be credited against
the fine payable at a rate of the federal minimum wage per hour. The
Mayor or the Mayor's designee shall establish procedures for administering
this subsection including, but not limited to, the nature of services
that may be performed, the timeframe in which a respondent must complete
their community service, and consequences for failure to complete
community service.
A.
The Department shall be responsible for administration of this article.
Reasonable rules and regulations may be promulgated by the City Manager
or the City Manager's designee to carry out the intent and purpose
of this article.
B.
The revenue generated through ASE shall go into the City's general
fund.
C.
The contractor hired to aid in the administration of this program
will not be compensated based on the number of citations issued. The
contractor shall be compensated by a flat fee.
D.
An independent third-party lab shall perform a calibration test on
the CSD instruments used for speed detection at least annually.
