[Adopted 11-5-2018 by Ord. No. 18-10-01b[1]]
[1]
Editor’s Note: This ordinance also superseded former
Art. III, Penalty Assessment, adopted 6-18-2001 by Ord. No. 01-05-07.
This article may be cited as the "City of Socorro Penalty Assessment
Program."
A.
As used in the New Mexico Uniform Traffic Ordinance adopted by the
City of Socorro, New Mexico, "penalty assessment misdemeanor" means
violation of the following listed sections of the New Mexico Uniform
Traffic Ordinance, for which the listed penalty assessment is established:
[Amended 4-4-2023 by Ord. No. 23-04-04b; 6-18-2024 by Ord. No. 24-06-18]
|
Common Name of Offense
|
Section Violated
|
Penalty Assessment
| |
|---|---|---|---|
|
Pedestrian control signals
|
12-5-7
|
$69
| |
|
Flashing signals
|
12-5-8
|
$69
| |
|
Display of unauthorized signs, signals or markings
|
12-5-10
|
$69
| |
|
Speed regulations
|
12-6-1
| ||
|
(1)
|
Up to and including 10 miles an hour over speed limit
|
$69
| |
|
(2)
|
From 11 up to and including 15 miles an hour over speed limit
|
12-6-1.1
|
$80
|
|
(3)
|
From 16 up to and including 20 miles an hour over speed limit
|
12-6-1.1
|
$115
|
|
(4)
|
From 21 up to and including 25 miles an hour over speed limit
|
12-6-1.1
|
$140
|
|
(5)
|
From 26 up to and including 30 miles an hour over the speed
limit
|
12-6-1.1
|
$165
|
|
(6)
|
From 31 up to and including 35 miles an hour over the speed
limit
|
12-6-1.1
|
$190
|
|
(7)
|
More than 35 miles an hour over the speed limit
|
12-6-1.1
|
$240
|
|
Minimum speed regulations
|
12-6-1.5
|
$69
| |
|
Overtaking a vehicle on the left
|
12-6-2.3
|
$69
| |
|
Limitations on overtaking on the left
|
12-6-2.4
|
$69
| |
|
No passing zones and restrictions on passing
|
12-6-2.7
|
$69
| |
|
Following too closely
|
12-6-2.13
|
$69
| |
|
Driving on divided streets
|
12-6-2.14
|
$69
| |
|
Vehicle approaching or entering intersection
|
12-6-4.1
|
$69
| |
|
Vehicles turning left at intersection
|
12-6-4.2
|
$69
| |
|
Vehicle entering stop or yield intersection
|
12-6-4.3
|
$69
| |
|
Limitations on turning around
|
12-6-5.5
|
$69
| |
|
Starting parked vehicle
|
12-6-5.7
|
$69
| |
|
Turning and stopping movements and required signals
|
12-6-5.8
|
$69
| |
|
Stopping, standing and parking
|
12-6-6
|
$69
| |
|
Special stops required
|
12-6-7
|
$69
| |
|
Stopping for school bus
|
12-6-7.3
|
$129
| |
|
Operators and chauffeurs must be licensed
|
12-6-12.5
|
$69
| |
|
Limitations on backing
|
12-6-12.9
|
$69
| |
|
Restriction on use of video in motor vehicles
|
12-6-12.11
|
$69
| |
|
Coasting prohibited
|
12-6-12.12
|
$69
| |
|
Destructive or injurious material on roadway
|
12-6-13.5
|
$129
| |
|
Animals on street
|
12-6-13.10
|
$69
| |
|
Driving on mountain streets
|
12-6-13.11
|
$69
| |
|
Child not in restraint device or safety belt
|
12-6-13.12
|
$69
| |
|
Mandatory use of seat belts
|
12-6-13.13
|
$69
| |
|
Possession or consumption of alcoholic beverages in open containers-first
offense
|
12-6-13.14
|
$69
| |
|
Littering
|
12-6-13.15
|
$129
| |
|
Pedestrian violation
|
12-6-14
|
$69
| |
|
Pedestrians right-of-way in crosswalks
|
12-6-14.2
|
$69
| |
|
Pedestrians to use right half of sidewalk
|
12-6-14.3
|
$69
| |
|
Crossing at other than crosswalks
|
12-6-14.4
|
$69
| |
|
Pedestrians on streets
|
12-6-14.5
|
$69
| |
|
Drivers to exercise due care
|
12-6-14.8
|
$69
| |
|
Parking in designated disabled parking spaces
|
12-9-9
|
$279 to $529
| |
|
Prohibited acts (improper equipment)
|
12-10-1.1
|
$69
| |
|
When lighted lamps are required
|
12-10-1.3
|
$69
| |
|
Headlamps on vehicles
|
12-10-1.5
|
$69
| |
|
Dimming of lights
|
12-10-1.6
|
$69
| |
|
Tail lamps
|
12-10-1.7
|
$69
| |
|
Vehicles to be equipped with reflectors
|
12-10-1.8
|
$69
| |
|
Mufflers, prevention of noise
|
12-10-1.10
|
$69
| |
|
Lamp or flag on projecting load
|
12-10-1.11
|
$69
| |
|
Windshield must be unobstructed and equipped with wipers; windows
must be transparent; exceptions
|
12-10-1.12
|
$69
| |
|
Sun screening materials on windshields and windows; requirements;
violations penalty
|
12-10-1.12A
|
$69
| |
|
Display of current valid registration plate
|
12-10-4
|
$69
| |
|
Evidence of registration to be signed and exhibited on demand
|
12-10-5
|
$69
| |
|
No valid insurance
|
12-10-6
|
Court
| |
|
Suspended/revoked driver's license
|
12-6-12.6
|
Court
| |
B.
The term "penalty assessment misdemeanor" does not include any violation
which has caused or contributed to the cause of an accident resulting
in injury or death to any person.
C.
When an alleged violator of a penalty assessment misdemeanor 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 misdemeanor, and
no probation imposed upon a suspended or deferred sentence shall exceed
90 days.
D.
The penalty assessment for speeding in violation of Section 12-6-1.2(4) of the Uniform Traffic Ordinance is twice the penalty assessment established in Subsection A of § 230-5 of this article for the equivalent miles per hour over the speed limit.[1]
[1]
Editor's Note: Former Subsection E, regarding additional fees
for each penalty assessment misdemeanor, was repealed 6-18-2024 by Ord. No. 24-06-18.
A.
Unless a warning notice is given, at the time of making an arrest
for any penalty assessment misdemeanor, the arresting officer shall
offer the alleged violator the option of accepting a penalty assessment.
The violator's signature on the penalty assessment notice constitutes
an acknowledgement of guilt of the offense stated in the notice, and
payment of the prescribed penalty assessment is a complete satisfaction
of the violation.
B.
Payment of any penalty assessment must be made by mail to the Municipal
Court, Traffic Violations Bureau, City of Socorro, New Mexico, within
five days from the date of arrest. Payments of penalty assessments
are timely if postmarked within the time limits set from the date
of arrest. The Traffic Violations Bureau shall issue a receipt when
a penalty assessment is paid by currency, but checks tendered by the
violator upon which payment is received is sufficient receipt.
C.
No record of any penalty assessment payment is admissible as evidence
in any court in any civil action.
A.
If a penalty assessment is not paid within five 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 the penalty assessment
notice had not been issued. Upon conviction in such prosecution, the
court shall impose penalties as provided by the New Mexico Uniform
Traffic Ordinance (Section 12-12-1.1), or other law relating to motor
vehicles for the particular offense charged, and the scheduled penalty
assessments shall not apply.
B.
In addition to the prosecution provided for in § 230-7A, it is a misdemeanor for any person who has elected to pay a penalty assessment to fail to do so within five days from the date of arrest.
C.
The Office of the Municipal Court shall notify the Motor Vehicle
Division of the State of New Mexico when a person fails to pay a penalty
assessment within the required period of time. The Motor Vehicle Division
shall report the notice upon the driver's record and shall not renew
the person's license to drive until the Municipal Court notifies the
Motor Vehicle Division that the penalty assessment, or its equivalent,
as well as any additional penalties imposed are properly disposed
of.
If any section, subsection, sentence, clause, phrase or any
portion of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions thereof.
All ordinances and parts of ordinances in conflict with the
provisions of this article are hereby repealed.
This article shall be in full force and effect from and after
its passage and publication as provided by law.
