Village of Bosque Farms, NM
Valencia County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms 6-18-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform Traffic Code — See Sec. 12-1.
Use of hand-held cellular phones — See Sec. 12-3.
A. 
The Village of Bosque Farms hereby adopts the penalty assessment schedule set forth in this Section 12-2 as penalties to be imposed for enforcement of this Section 12-2 and the Uniform Traffic Code. "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 5-19-2016; 10-19-2017]
Common Name of Offense
Section Violated
Penalty Assessment
Driver's License
Operator to be licensed (none)
12-6-12.5
$87
Operator to be licensed (lost/forgot)
12-6-12.5
$87
Unlawful use/lending to others
12-6-12.6(2)
$87
Unlawful use/using license of another
12-6-12.6(3)
$87
Unlawful use/permitting use
12-6-12.6(5)
$87
Permitting child to drive
12-6-12.23a
$87
Permitting unlicensed to drive
12-6-12.23b
$87
Registration/Insurance
Failure to provide proof of insurance
12-10-6
$156
Evidence of registration to be signed and exhibited on demand
12-10-5
$87
Display of expired license plate
12-10-4
$87
Display of plate for another vehicle
12-10-4
$87
Illegible license plate
12-10-4
$87
Equipment
Brake light not working
12-10-1.9
$87
Headlights to be on
12-10-1.3
$87
Headlight burned out
12-10-1.5
$87
Dimming of lights
12-10-1.6
$87
Horn required to work
12-10-1.17
$87
License plate light out
12-10-1.7
$87
Mirror/Rearview mirror required
12-10-1.18
$87
Muffler-noise too loud
12-10-1.10
$87
Muffler-excessive smoke
12-10-1.10
$87
Taillight burned out
12-10-1.7
$87
Taillight glaring
12-10-1.7
$87
Turn signal not working
12-10-1.9
$87
Windshield obstructed
12-10-1.12
$87
Moving Violations
Avoiding traffic signals
12-6-5
$87
Backing: limitations on
12-6-12.9
$87
Backing: from driveways
12-6-12.9
$87
Careless driving
12-6-12.4
$130
Child restraint
12-6-13.12
$130
Destructive or injurious material on roadway
12-6-13.5
$168
Drivers to exercise due care
12-6-14.8
$87
Driving - must be in lane
12-6-2.12
$87
Driving - anything that interferes
12-6-12.18
$87
Driving on divided highways
12-6-2.14
$87
Racing on streets
12-6-12.19
$87
Flashing signals
12-5-8
$87
Fleeing/eluding police
12-6-12.7
$130
Following too close
12-6-2.13
$87
Approaching/entering intersection
12-6-4.1
$87
Left turn at intersection
12-6-4.2
$87
Red light
12-5-6
$87
Overtaking a vehicle on the left
12-6-2.3
$87
Lamp or flag on projecting load
12-10-1.11
$87
Limitations on overtaking on the left
12-6-2.4
$87
Limitations on turning around
12-6-5.5
$87
Littering
12-6-13.15
$422
Parking in designated disabled parking spaces
12-9-9
$307
Parties to an unlawful act
12-6-12.24
$87
Passing/no passing zone
12-6-2.7
$87
Passing/school zones
12-6-2.7
$87
Passing/pedestrian crosswalk
12-6-2.7
$87
Pedestrian violation
12-6-14
$87
Seatbelt - mandatory use
12-6-13.13
$92
Starting a parked vehicle
12-6-5.7
$87
Stop sign
12-6-4.3
$87
Stopping, standing and parking outside of business or residential districts
12-6-6.14
$87
Stop sign/intersection
12-6-4.3
$87
Stop for school bus
12-6-7.3
$169
Turn signal - no use
12-6-5.8
$87
Use of hand-held cellular phone while driving a vehicle
12-3-3
$307
U-turn in business district
12-6-5.5
$87
Yield sign
12-6-4.3
$87
Yield intersection
12-6-4.3
$87
Yield from driveway/business
12-6-7.1
$87
Possession or Consumption of alcoholic beverages in open containers-open/broken seal - first offense
12-6-13.14
$108
Speeding (mph)
1 to 10
12-6-1.2a
$87
11 to 15
12-6-1.2b
$106
16 to 20
12-6-1.2c
$147
21 to 25
12-6-1.2d
$190
26 to 30
12-6-1.2e
$220
31 to 35
12-6-1.2f
$250
36 and over
12-6-1.2g
$310
Failure to obey established zone
12-6-1.3
$220
B. 
As used in the Off-Highway Motor Vehicle Act (NMSA 1978, § 66-3-1001 et seq.), "penalty assessment misdemeanor" means violation of any provision of the Off-Highway Motor Vehicle Act for which a violator may be subject to the following:
[Amended 10-19-2017]
Class 1 Violations
Section Violated
Penalty Assessment
Failure to possess a registration certificate or nonresident permit
12-7-9.1
$73
Violations involving headlights or taillights; failure to possess an off-highway motor vehicle safety permit
12-7-9.8
$73
Selling a vehicle that produces noise in excess of 96 decibels
12-7-9.9E
$73
Any violation of the Off-Highway Motor Vehicle Act not otherwise specifically defined elsewhere in this section
12-7
$73
Class 2 Violations
Section Violated
Penalty Assessment
Failure to complete a required off-highway motor vehicle safety training course
12-7-9.8
$127
Operating a vehicle in excess of 10 miles per hour within 200 feet of a business, animal shelter, horseback rider, bicyclist, pedestrian, livestock or occupied dwelling
12-7-9.9
$127
A person under the age of 18 but at least 15 years of age who operates an off-highway motor vehicle in violation of the supervision requirements of the Off-Highway Motor Vehicle Act
12-7-9.9C
$127
Operating an off-highway motor vehicle that produces noise that exceeds 96 decibels
12-7-9.9
$127
Unauthorized installation, removal, destruction or defacing of a motor vehicle sign
12-7-9.2E
$127
Class 3 Violations
Section Violated
Penalty Assessment
Operating a vehicle that is not equipped with an approved spark arrester
12-7-9.9
$193
Operating an off-highway motor vehicle while in pursuit of and with intent to hunt or take a species of animal or bird protected by law, unless otherwise authorized by the State Game Commission
12-7-9.9
$193
Operating an off-highway motor vehicle in pursuit of or harassment of livestock in any manner that negatively affects the livestock's condition
12-7-9.9
$193
Operating an off-highway motor vehicle on or within an earthen tank or other structure meant to water livestock or wildlife
12-7-9.9
$193
Operating a motor vehicle in a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices
12-7-9.9
$193
A person under the age of 18 operating an off-highway motor vehicle without wearing eye protection and a safety helmet
12-7-9.9B
$193
A person under the age of 18 operating an off-highway motor vehicle while carrying a passenger
12-7-9.9B
$193
A person under the age of 15 but at least 10 years of age who operates an off-highway vehicle in violation of the supervision requirements of the Off-Highway Motor Vehicle Act
12-7-9.9C
$193
A person under the age of 10 operating an all-terrain vehicle or recreational off-highway motor vehicle that is not an age-appropriate size-fit or who operates an off-highway motor vehicle in violation of the supervision requirements of this section
12-7-9.9D
$193
Class 4 Violations
Section Violated
Penalty Assessment
Operating an off-highway motor vehicle in a careless, reckless or negligent manner so as to endanger the person or property of another
12-7-9.9
$326
Operating an off-highway motor vehicle on any road or area closed to off-highway motor vehicle traffic under local, state or federal regulations
12-7-9.2
$326
Operating an off-highway motor vehicle on a limited-access highway or freeway
12-7-9.2
$326
C. 
The penalty for second, third and subsequent violations within a three-year period shall be increased as follows:
(1) 
A second violation in a Class 1 penalty category involving failure to possess a registration certificate or nonresident permit shall be increased to a Class 2 penalty category;
(2) 
Any Class 2 or Class 3 violation for a second or greater infraction within a three-year period shall be increased to the next-highest penalty assessment category; and
(3) 
Each subsequent violation in a Class 4 penalty category will result in an additional penalty of $200.
D. 
Multiple violations for the same incident shall be treated as a single event and shall not result in graduated penalties.
E. 
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.
F. 
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.
G. 
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 this section for the equivalent miles per hour over the speed limit.
H. 
In addition to this penalty assessment established for each penalty assessment misdemeanor pursuant to this section, there shall be assessed the following fees for each penalty assessment misdemeanor: a corrections fee of $20; a court automation fee of $6; and a judicial education fee of $3. These fees are included in the penalty assessment.
I. 
In addition to the penalties and fees established in this Section 12-2, the first $25 of every penalty assessment collected will be dedicated to the Village Traffic Safety Fund.
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 can either be made in person to the Municipal Court Clerk or by mail to the Municipal Court in the Village of Bosque Farms, New Mexico within 30 days from the date of arrest. Payments of penalty assessments are timely if postmarked within the time limits set from the date of arrest.
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 30 days from the date of arrest, the violator shall be cited into Municipal Court for failure to pay.
B. 
In addition to the prosecution provided for in Section 4A of the Uniform Traffic Ordinance, 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 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.