[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms 6-18-2015. Amendments noted where applicable.]
Uniform Traffic Code — See Sec. 12-1.
Use of hand-held cellular phones — See Sec. 12-3.
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]
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:
The penalty for second, third and subsequent violations within a three-year period shall be increased as follows:
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;
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
Each subsequent violation in a Class 4 penalty category will result in an additional penalty of $200.
Multiple violations for the same incident shall be treated as a single event and shall not result in graduated penalties.
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.
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.
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.
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.
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.
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.
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.
No record of any penalty assessment payment is admissible as evidence in any court in any civil action.
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.
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.
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.