[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; 1-19-2023]
|
Common Name of Offense
|
Section Violated
|
Penalty Assessment
|
|---|---|---|
|
Driver's License
| ||
|
Operator to be licensed (none)
|
12-6-12.5
|
$100
|
|
Unlawful use/lending to others
|
12-6-12.6(2)
|
$100
|
|
Unlawful use/using license of another
|
12-6-12.6(3)
|
$100
|
|
Unlawful use/permitting use
|
12-6-12.6(5)
|
$100
|
|
Permitting child to drive
|
12-6-12.23a
|
$120
|
|
Permitting unlicensed to drive
|
12-6-12.23b
|
$120
|
|
MC endorsement
|
12-6-12.5(a)
|
$100
|
|
Registration/Insurance
| ||
|
Failure to provide proof of insurance
|
12-10-6
|
$180
|
|
No insurance
|
12-10-6
|
$180
|
|
Evidence of registration to be signed and exhibited on demand
|
12-10-5
|
$100
|
|
No signature on registration
|
12-10-5
|
$100
|
|
Display of expired license plate
|
12-10-4
|
$100
|
|
Improper use of registration/plate
|
12-10-4
|
$100
|
|
Illegible license plate
|
12-10-4
|
$100
|
|
Equipment
| ||
|
MC eye protection
|
12-7-5
|
$100
|
|
Helmet (<18 required)
|
12-7-6
|
$100
|
|
Brake light not working
|
12-10-1.9
|
$100
|
|
Turn signal required
|
12-10-1.9
|
$100
|
|
Stop lamps, signal lamps and signal devices
|
12-10-1.9
|
$100
|
|
Headlights required
|
12-10-1.3
|
$100
|
|
Two headlights required
|
12-10-1.5
|
$100
|
|
Dimming of lights
|
12-10-1.6
|
$100
|
|
Horn required
|
12-10-1.17
|
$100
|
|
Mirror/Rearview mirror required
|
12-10-1.18
|
$100
|
|
Mufflers-prev. of noise-Jake brakes®
|
12-10-1.10
|
$100
|
|
Muffler-noise
|
12-10-1.10
|
$100
|
|
Muffler-excessive smoke
|
12-10-1.10
|
$100
|
|
No taillights
|
12-10-1.7
|
$100
|
|
License plate lamp
|
12-10-1.7
|
$100
|
|
Two taillights required
|
12-10-1.7
|
$100
|
|
Taillight glaring
|
12-10-1.7
|
$100
|
|
Windshield violation
|
12-10-1.12
|
$100
|
|
Sunscreening material on windows
|
12-10-1.12A
|
$100
|
|
Windshields must be unobstructed
|
12-10-1.12
|
$100
|
|
Unsafe vehicle
|
12-10-1.2
|
CRT
|
|
Moving Violations
| ||
|
Animal on lap
|
12-6-12.18
|
$100
|
|
Driving interferes with others
|
12-6-12.18
|
$100
|
|
Prohibited activities while driving
|
12-6-12.18
|
$100
|
|
Avoiding traffic signals
|
12-6-5
|
$100
|
|
Backing: limitations on
|
12-6-12.9
|
$100
|
|
Backing: from driveways
|
12-6-12.9
|
$100
|
|
Unlawful backing
|
12-6-12.9
|
$100
|
|
Careless driving
|
12-6-12.4
|
$180
|
|
Child restraint
|
12-6-13.12
|
$175
|
|
Destructive or injurious material on roadway
|
12-6-13.5
|
$180
|
|
Drag racing
|
12-6-12.19
|
$150
|
|
Drivers to exercise due care
|
12-6-14.8
|
$100
|
|
Driving on divided highways
|
12-6-2.14
|
$100
|
|
Failure to maintain a lane
|
12-6-2.12
|
$100
|
|
Flashing signals
|
12-5-8
|
$100
|
|
Fleeing/eluding police
|
12-6-12.7
|
$180
|
|
Following too close
|
12-6-2.13
|
$100
|
|
Approaching/entering intersection
|
12-6-4.1
|
$100
|
|
Left turn at intersection
|
12-6-4.2
|
$100
|
|
Red light violation
|
12-5-6
|
$100
|
|
Overtaking a vehicle on the left
|
12-6-2.3
|
$100
|
|
Limitations on overtaking on the left
|
12-6-2.4
|
$100
|
|
Lamp or flag on projecting load
|
12-10-1.11
|
$100
|
|
Limitations on turning around
|
12-6-5.5
|
$100
|
|
U-turn in business district
|
12-6-5.5
|
$100
|
|
Littering
|
12-6-13.15
|
$450
|
|
Parking in designated disabled parking spaces
|
12-9-9
|
$307
|
|
Parties to an unlawful act
|
12-6-12.24
|
$100
|
|
Passing/no passing zone
|
12-6-2.7
|
$150
|
|
Passing/school zones
|
12-6-2.7
|
$150
|
|
Passing/pedestrian crosswalk
|
12-6-2.7
|
$150
|
|
Pedestrian violation
|
12-6-14
|
$100
|
|
Seatbelt - mandatory use
|
12-6-13.13
|
$110
|
|
Starting a parked vehicle
|
12-6-5.7
|
$100
|
|
Stop sign
|
12-6-4.3
|
$100
|
|
Stopping, standing and parking outside of business or residential
districts
|
12-6-6.14
|
$100
|
|
Stop sign/intersection
|
12-6-4.3
|
$100
|
|
Yield sign
|
12-6-4.3
|
$100
|
|
Yield intersection
|
12-6-4.3
|
$100
|
|
Stop for school bus
|
12-6-7.3
|
$180
|
|
Turn signal - no use
|
12-6-5.8
|
$100
|
|
Unlawful display of lights
|
12-10-1.14
|
$100
|
|
Unlawful riding
|
12-6-13.2
|
$100
|
|
Use of hand-held cellular phone while driving a vehicle
|
12-3-3
|
$150
|
|
Prohibited conduct
|
12-3-3
|
$150
|
|
Yield from driveway/business
|
12-6-7.1
|
$100
|
|
Emerging from alley, building, drive, or private road
|
12-6-7.1
|
$100
|
|
Yield to emergency equipment
|
12-6-7.4
|
$130
|
|
Possession or Consumption of alcoholic beverages in open containers-open/broken
seal - first offense
|
12-6-13.14
|
$130
|
|
Door-to-door sales
|
7-3-10
|
CRT
|
|
Possession of marijuana
|
7-1-23
|
CRT
|
|
Possession of paraphernalia
|
7-1-26
|
CRT
|
|
Parking
|
12-6-6.12
|
CRT
|
|
Speeding (mph)
| ||
|
1 to 10
|
12-6-1.2a
|
$100
|
|
11 to 15
|
12-6-1.2b
|
$120
|
|
16 to 20
|
12-6-1.2c
|
$160
|
|
21 to 25
|
12-6-1.2d
|
$200
|
|
26 to 30
|
12-6-1.2e
|
$230
|
|
31 to 35
|
12-6-1.2f
|
$270
|
|
36 and over
|
12-6-1.2g
|
$350
|
|
Failure to obey established zone
|
12-6-1.3
|
$250
|
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.
