[HISTORY: Adopted by the Town Council of the Town of Tatum as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 6, §§ 6.1 through 6.3, of the 1984 Code]
A.
Purposes. The purpose of this section is to allow the officer issuing a traffic citation the option of allowing the violator to mail an assessment to the Tatum Municipal Court in lieu of a personal appearance before the court.
B.
Schedule of assessments. As used in this section, "penalty assessment" means violation of any of the following listed sections of the New Mexico Statutes Annotated (NMSA) for which the listed penalty assessment is established.
[Amended 12-13-2016]
Section Violated | ||||
|---|---|---|---|---|
Common Name of Offense | (NMSA § ) | Penalty | ||
Speeding | 66-7-302 | |||
1 to 5 mph over limit | $101 School Zone: $202 | |||
6 to 10 mph over limit | $125 School Zone: $250 | |||
11 to 15 mph over limit | $151 School Zone: $302 | |||
16 to 20 mph over limit | $175 School Zone: $350 | |||
21 to 25 mph over limit | $210 School Zone: $420 | |||
26 to 30 mph over limit | $250 School Zone: $500 | |||
31 to 35 mph over limit | $300 School Zone: ARREST | |||
36 or more mph over limit | $475 School Zone: ARREST | |||
Traffic Control | ||||
Failure to obey sign (failure to stop) | 66-7-104 | $151 | ||
Failure to obey signal (failure to stop 4-way) | 66-7-105 | $151 | ||
Minimum speed (impeding traffic) | 66-7-305 | $101 | ||
Failure to maintain lane (weaving in lane, non DWI) | 66-7-308A | $101 | ||
No passing zone | 66-7-315 | $101 | ||
Improper turning (right-turn lane for right turn/left-turn lane for left turn) | 66-7-322 | $101 | ||
Following too close | 66-7-318 | $151 | ||
Failure to yield private drive (parking lot/residence) | 66-7-331 | $151 | ||
Failure to yield right-of-way | 66-7-332.1 | $151 | ||
Stop, standing, parking on roadway | 66-7-349 | $101 | ||
Improper backing | 66-7-354 | $151 | ||
Passing school bus (cite for carelessness also) | 66-7-347 | $300 | ||
Pedestrian in roadway | 66-7-333 | $101 | ||
License/Registration | ||||
Driver to be licensed | 66-5-2 | $200 | ||
License on demand | 66-5-16 | $151 | ||
Notice of change (address or name, 10 days to update) | 66-5-22 | $101 | ||
Unlawful use of license (cite with license suspension) (take license) | 66-5-37 | $150 | ||
Driving while license suspended | 66-5-39 | $250 | ||
Driving while license revoked (122 G) | 66-8-122G | ARREST | ||
Permitting a minor to drive (goes to parents) | 66-5-40 | $250 | ||
Vehicle to be insured (no insurance) | 66-5-205 | $300 | ||
Proof of insurance required | 66-5-205 | $151 | ||
Registration to be signed | 66-3-13 | $151 | ||
Proof of registration | 66-3-13 | $151 | ||
Expired registration | 66-3-1 | $175 | ||
Replace plate (faded/unreadable/damaged) (30 days) | 66-3-17C | $101 | ||
Plate free of dirt and debris | 66-3-18A | $101 | ||
Plate height minimum 12 inches | 66-3-18A | $101 | ||
Temp tag to be in left rear window | 66-3-18B | $101 | ||
Update registration (address/name change) (10 days) | 66-3-23AB | $151 | ||
Plates damaged or mutilated | 66-3-24A | $151 | ||
Improper use of registration (plate on wrong vehicle) | 66-8-2 | $250 | ||
Transfer of ownership | 66-3-101AB | COURT | ||
New owner fails to register within 30 days | 66-3-103B | $170 | ||
Failure to deliver title | 66-3-113AB | $175 2nd offense: COURT | ||
Lights/Equipment | ||||
Headlights on required | 66-3-802 | $125 | ||
2 headlights required | 66-3-804 | $125 | ||
Tail lamps required | 66-3-805 | $125 | ||
2 tail/brake lights required | 66-3-805A | $125 | ||
Tail/brake lights minimum 20 inches | 66-3-805B | $125 | ||
License plate light (white in color) | 66-3-805C | $125 | ||
Vehicle to have blinker/brake lights (1954 +) | 66-3-807B | $175 | ||
Failure to dim lights | 66-3-831A | $151 | ||
Muffler required | 66-3-844 | $175 | ||
Unobstructed windshield | 66-3-846 | $125 | ||
Wipers required | 66-3-846 | $125 | ||
Failure to signal (must affect traffic) | 66-7-325 | $125 | ||
Child to be in carseat | 66-7-369 | $286 | ||
Seatbelts required to be worn | 66-7-372 | $151 | ||
Seatbelts required (1964 +) | 66-3-74 | $175 | ||
Accidents/DWI | ||||
Accidents damage to vehicle (fail to stop) | 66-7-201D | COURT | ||
With great bodily harm/death | 66-7-201BC | ARREST | ||
Duty to give info/aid | 66-7-203 | $250 | ||
With great bodily harm/death | ARREST | |||
Immediate notice of accident | 66-7-206 | $250 | ||
Duty upon striking fixture | 66-7-205 | $250 | ||
Duty upon striking unattended vehicle | 66-7-204 | $375 | ||
Reckless driving | 66-8-113 | ARREST | ||
Careless driving | 66-8-114 | $275 | ||
Racing on highway | 66-8-115 | $275 | ||
Open container | 66-8-138 | $150 2nd offense: $300 3rd offense: COURT | ||
DWI | 66-8-102 | ARREST | ||
ATV/Off Highway Motor Vehicle Act | ||||
ATV riding on the streets | 66-3-1011 | $200 | ||
OHMV to be registered | 66-3-1003 | $175 | ||
Minors to complete safety course | 66-3-1010.2 | $150 | ||
Minors to have safety equipment | 66-3-1010.3B | $150 | ||
Under 10 no operating | 66-3-1010.3D | $200 | ||
Parent and child to receive citation | 66-3-1020 | |||
(1)
Speeding in school zone "double the fine." School zone areas are as follows: Flashing lights on Highway 206 South from Third to Fifth Street, Third Street from Highway 206 to Avenue C, Avenue C from Third Street to Fifth Street, Fifth Street from Highway 206 to Avenue C, all areas within the boundaries of Tatum School campus or any school activity going on when kids are present. Fifteen miles an hour school lights are on prior to school, being at 7:35 a.m. to 8:15 a.m. then back on for school dismissal from 3:35 p.m. to 4:15 p.m. this also includes crosswalks on Avenue B and Highway 380.[1]
C.
The term "penalty assessment" does not include any violation which has caused or contributed to the cause of an accident resulting in injury or death to any person.
D.
Whenever an alleged violator of a penalty assessment violation elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment listed.
E.
Unless a warning notice is given, at the time of making an arrest for the particular penalty assessment violation, the arresting officer may offer the alleged violator the option of accepting a penalty assessment. The violator's signature on the penalty assessment constitutes an acknowledgment of guilt of the offense stated in the notice, and payment of the prescribed penalty assessment is a complete satisfaction of the violation.
F.
No record of any penalty assessment payment is admissible as evidence in any court in any civil action.
G.
Payment of any penalty assessment must be mailed to the Tatum Municipal Court within 30 days from the date of the arrest. Payment of penalty assessments are timely if postmarked within 30 days from the date of arrest.
[Amended 12-13-2016; 10-10-2017]
H.
If a penalty assessment is not paid within 30 days from the date of arrest, the violator shall be prosecuted for the violation charged on the penalty assessment notice in a manner as if a penalty assessment notice had not been issued. Upon conviction in such prosecution, the court shall impose a penalty as provided by law, and the schedule of penalty assessments shall not apply.
[Amended 12-13-2016; 10-10-2017]
I.
In addition to the prosecution provided in Subsection H of this section, it is a misdemeanor for any person who has elected to pay a penalty assessment to fail to do so within 30 days from the date of the arrest. The arresting officer shall issue a second citation for failure to pay the penalty assessment, and the court, upon conviction, shall impose a penalty as provided by law.
[Amended 12-13-2016; 10-10-2017]
J.
Corrections fee.[2]
(1)
Any person convicted of violating any ordinance relating to the criminal code shall pay a $57 corrections fee to the municipal judge who shall collect such fee as court costs.
(2)
Any person violating any ordinance relating to the criminal code for which a criminal citation has been issued shall pay a $57 corrections fee to the municipal judge who shall collect such fee as court costs.
[Adopted as Ch. 6, § 6.4, of the 1984 Code]
As used in this article, the following terms shall have the meanings indicated:
A vehicle with signs, markings, and flashing lights that will warn other road users of an approaching overwidth vehicle or load.
Any vehicle or load thereon that exceeds a width of 12 feet.
A.
No vehicle or load exceeding a measurement of 12 feet in width shall be moved within the limits of the Town of Tatum without having an escort.
B.
Movers of overwidth vehicles or loads may either provide their own escort or provide for an independent escort as long as the escort vehicle conforms to state regulations as to signs, markings and lights.
C.
All signs, markings and lights shall conform to those standards set forth by the State of New Mexico for escort vehicles upon highways outside municipal limits.
Any person violating the provisions of this article shall be subject to a fine of not less than $100 nor more than $1,000 per violation.