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town and such all previous versions are amended, replaced or superseded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shall remain in full force and effect unless specifically repealed.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)