The most current version of the New Mexico uniform traffic statutes shall be adopted by reference as the most current ordinance for the town and such all previous versions are amended, replaced or superseded except additional amendments added by ordinance of the town council shall remain in full force and effect unless specifically repealed.
(Ordinance 00-12 adopted 2000; revised per correspondence dated 11/10/03; Ordinance 19-07 adopted 2019)
A. 
Parking a motor vehicle in, or otherwise blocking or obstructing, a clearly marked fire lane as defined in section 502 of the 2015 International Fire Code shall subject the owner or operator of the motor vehicle or other person responsible for the obstruction to a fine of one hundred dollars ($100.00) for the first offense and a fine of two hundred fifty dollars ($250.00) for a second or subsequent offense.
B. 
Parking a motor vehicle within fifteen feet (15') of a fire hydrant, or otherwise placing objects within fifteen feet (15') of a fire hydrant, shall subject the owner or operator of the motor vehicle or other person responsible for the obstruction to a fine of one hundred dollars ($100.00) for the first offense and a fine of two hundred fifty dollars ($250.00) for a second or subsequent offense.
C. 
Parking a motor vehicle in a clearly marked fire lane and thereby obstructing or interfering with emergency operations or equipment in connection with an actual fire emergency shall subject the owner or operator of the motor vehicle or other person responsible for the obstruction or interference to a fine of five hundred dollars ($500.00).
D. 
Parking a motor vehicle that does not have a lawfully issued disability license plate or placard in a clearly marked designated parking space for vehicles of persons with disabilities shall subject the owner or operator of the motor vehicle to a fine of one hundred dollars ($100.00) for the first offense and fine of two hundred fifty dollars ($250.00) for a second or subsequent offense.
E. 
The foregoing fines may be assessed and enforced by any town police official, and the fines set forth in subsections A, B and C of this section may be assessed and enforced by any town fire official.
F. 
In the absence of an emergency necessitating immediate towing or removal of a motor vehicle, no motor vehicle parked in a fire lane as defined in section 502 of the 2015 International Fire Code (including a fire lane located in any privately owned parking lot open to the public) shall be towed or removed within less than one hour after it has been parked in the fire lane.
G. 
In case of an emergency necessitating immediate access to any building or other place where an actual fire emergency is taking place, any town fire department code official or police official may cause the immediate towing or removal of any motor vehicle or other object that is blocking needed fire apparatus or fire personnel access, whether or not the vehicle or object is parked or placed in a fire apparatus access road or in proximity to a fire hydrant.
H. 
The provisions of this section do not in any way detract from otherwise existing enforcement authority of town or other fire or law enforcement officials and do not add to, detract from, or change any fines or penalties for any violation of this code or state statute except as expressly set forth herein. The express provisions of this section supersede any conflicting provisions of previous ordinances, including any such provisions of the Uniform Traffic Code or the 2015 International Fire Code adopted by town ordinances.
(Ordinance 09-08 adopted 2009; Ordinance 15-01 adopted 2015)
A. 
Adopted.
1. 
As used in the New Mexico Uniform Traffic Ordinance adopted by the town, "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:
Common Name of Offense
Section Violated
Penalty Assessment
Pedestrian control signals
12-5-7
$25.00
Flashing signals
12-5-8
$25.00
Display of unauthorized signs, signals or markings
12-5-10
$25.00
Speed regulations
12-6-1
(1)
Up to and including ten miles an hour over speed limit.
$25.00
(2)
From eleven up to and including fifteen miles an hour over speed limit.
$30.00
(3)
From sixteen up to and including twenty miles an hour over speed limit.
$65.00
(4)
From twenty-one up to and including twenty-five miles an hour over speed limit.
$100.00
(5)
From twenty-six up to and including thirty miles an hour over the speed limit.
$125.00
(6)
From thirty-one up to and including thirty-five miles an hour over the speed limit.
$150.00
(7)
More than thirty-five miles an hour over the speed limit.
$200.00
Minimum speed regulations
12-6-1.5
$25.00
Overtaking a vehicle on the left
12-6-2.3
$10.00
Limitations on overtaking on the left
12-6-2.4
$10.00
No passing zones and restrictions on passing
12-6-2.7
$25.00
Following too closely
12-6-2.13
$25.00
Driving on divided streets
12-6-2.14
$25.00
Vehicle approaching or entering intersection
12-6-4.1
$25.00
Vehicles turning left at intersection
12-6-4.2
$25.00
Vehicle entering stop or yield intersection
12-6-4.3
$25.00
Limitations on turning around
12-6-5.5
$10.00
Starting parked vehicle
12-6-5.7
$10.00
Turning and stopping movements and required signals
12-6-5.8
$25.00
Stopping, standing and parking
12-6-6
$25.00
Special stops required
12-6-7
$25.00
Stopping for school bus
12-6-7.3
$100.00
Operators and chauffeurs must be licensed
12-6-12.5
$25.00
Limitations on backing
12-6-12.9
$25.00
Restriction on use of video in motor vehicles
12-6-12.11
$25.00
Coasting prohibited
12-6-12.12
$25.00
Destructive or injurious material on roadway
12-6-13.5
$100.00
Animals on street
12-6-13.10
$25.00
Driving on mountain streets
12-6-13.11
$25.00
Child not in restraint device or safety belt
12-6-13.12
$25.00
Mandatory use of seat belts
12-6-13.13
$25.00
Possession or consumption of alcoholic beverages in open containers-first offense
12-6-13.14
$25.00
Littering
12-6-13.15
$50.00
Pedestrian violation
12-6-14
$25.00
Pedestrians right-of-way in crosswalks
12-6-14.2
$25.00
Pedestrians to use right half of sidewalk
12-6-14.3
$25.00
Crossing at other than crosswalks
12-6-14.4
$25.00
Pedestrians on streets
12-6-14.5
$25.00
Drivers to exercise due care
12-6-14.8
$25.00
Parking in designated disabled parking spaces
12-9-9
$250—$500.00
Prohibited acts
12-10-1.1
$25.00
When lighted lamps are required
12-10-1.3
$25.00
Headlamps on vehicles
12-10-1.5
$25.00
Dimming of lights
12-10-1.6
$10.00
Tail lamps
12-10-1.7
$25.00
Vehicles to be equipped with reflectors
12-10-1.8
$25.00
Mufflers, prevention of noise
12-10-1.10
$10.00
Lamp or flag on projecting load
12-10-1.11
$10.00
Windshield must be unobstructed and equipped with wipers; windows must be transparent; exceptions
12-10-1.12
$25.00
Sun screening materials on windshields and windows; requirements; violations penalty
12-10-1.12A
$25.00
Display of current valid registration plate
12-10-4
$25.00
Evidence of registration to be signed and exhibited on demand
12-10-5
$10.00
Vehicle subject to registration
12-10-4
$50.00
Driving while license administratively suspended
12-6-12.6A
$25.00
2. 
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.
3. 
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 ninety days.
4. 
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 A1 of this section for the equivalent miles per hour over the speed limit.
5. 
In addition to the 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 twenty dollar ($20.00) corrections fee; a six dollar ($6.00) court automation fee; and a three dollar ($3.00) judicial education fee.
B. 
Penalty assessment misdemeanors; option; effect.
1. 
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.
2. 
Payment of any penalty assessment must be made by mail to the municipal court, traffic violations bureau, 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. 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.
3. 
No record of any penalty assessment payment is admissible as evidence in any court in any civil action.
C. 
Failure to pay penalty assessment.
1. 
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 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.
2. 
In addition to the prosecution provided for in subsection C.1, it is a misdemeanor for any person who has elected to pay a penalty assessment to failure to do so within 30 days from the date of arrest.
3. 
The office of the municipal court shall notify the motor vehicle division of the state 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.
(Ordinance 19-08 adopted 2019; Ordinance 24-02 adopted 2/27/2024)
A. 
General provisions.
It shall be unlawful for any person to operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call or create, send or read text messages while such vehicle is in motion.
1. 
For purpose of this section the following definitions apply:
Engage in a call.
Talking into, dialing or listening on a handheld mobile telephone, but shall not include holding a mobile telephone to activate, deactivate or initiate a function of such telephone.
Handheld mobile telephone.
A mobile telephone with which a user engages in a call using at least one hand (or prosthetic device or aid in the case of a physically disabled person).
Hands-free mobile telephone.
A mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a call without the use of either hand (or prosthetic device or aid in the case of a physically disabled person), whether or not the use of either hand (or prosthetic device) is necessary to activate, deactivate or initiate a function of such telephone.
Mobile telephone.
The device used by subscribers and other users of wireless telephone service to access such service and shall include personal digital assistants.
Personal digital assistant.
A device operated using a wireless telecommunications service operated using a wireless telecommunications service that provides for data communication other than by voice.
Wireless telephone service.
Two-way real time voice telecommunications service that is interconnected to a public switched telephone network and commonly referred to as cellular service or personal communication service.
2. 
An operator of a motor vehicle who holds a mobile telephone to, or in the immediate proximity of his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this section is rebuttable by evidence tending to show that the operator was not engaged in a call. “Immediate proximity” shall mean that distance as permits the operator of a mobile telephone to hear telecommunications transmitted over such mobile telephone, but shall not require contact with such operator’s ear.
3. 
This section shall not apply to:
a. 
The use of a mobile telephone for the sole purpose of communication with any of the following regarding an emergency situation: an emergency response operator; a hospital, physician’s office or health clinic; an ambulance company or corps; a fire department, district or company; or a police department;
b. 
Any law enforcement, public safety or police officers, emergency services officials, first aid, emergency medical technicians and personnel, or any fire safety officials in the performance of duties arising out of and in the course of their employment as such; or
c. 
The use of a hands-free mobile telephone when being used in a hands-free manner.
B. 
Penalties.
The penalty for a first conviction or plea of nolo contendere for a violation of subsection A of this section shall be fifty dollars ($50.00). The penalty for a second conviction or plea of nolo contendere for a violation of subsection A of this section shall be one hundred dollars ($100.00). The penalty for all subsequent convictions or pleas of nolo contendere for violation of subsection A of this section shall be one hundred fifty dollars ($150.00).
(Ordinance 07-09 adopted 2007)