VILLAGE OF TAOS SKI VALLEY
ORDINANCE 05-09
AMENDING AN ORDINANCE ADOPTING THE NEW MEXICO UNIFORM TRAFFIC ORDINANCE.
BE IT ORDAINED BY THE GOVERNING BODY OF THE VILLAGE OF TAOS SKI VALLEY (HEREINAFTER “THE VILLAGE”:
That Ordinance 02-09 is hereby amended to read as follows:
SECTION I. ADOPTION BY REFERENCE.
The New Mexico Uniform traffic Ordinance, comprising Sections 12-1-1 through 12-13-6 inclusive, is hereto adopted by reference, pursuant to Section 3-17-6 NMSA 1978.
SECTION II. CITATION.
This Ordinance may be cited as the Village of Taos Ski Valley Traffic Code (hereinafter “the Code”) and shall refer to the 1990 New Mexico Uniform Traffic Ordinance and all subsequent amendments as they may be promulgated and adopted by the State of New Mexico and such additions and modifications as the Village may adopt.
SECTION III. EFFECTIVE DATE.
This amended Ordinance shall take effect on the _____ day of August, 2004.
PASSED, APPROVED AND ADOPTED this _____ day of August, 2004
Vote: For _____, Against _____.
________________________________
Mayor
ATTEST:
____________________________
Village Clerk
APPENDIX A
VILLAGE OF TAOS SKI VALLEY
UNIFORM TRAFFIC ORDINANCE
TABLE OF CONTENTS
ARTICLE I 12 - 1 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE II 12 - 2 RESERVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ARTICLE III 12 - 3 APPLICATION OF TRAFFIC REGULATIONS . . . . . . . . . . . . . . . . . . . 14
ARTICLE IV 12 - 4 ACCIDENTS AND ACCIDENT REPORTS . . . . . . . . . . . . . . . . . . . . . . 16
ARTICLE V 12 - 5 SIGNS, SIGNALS AND MARKINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE VI 12 - 6 TRAFFIC REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
ARTICLE VII 12 - 7 SPECIAL RULES FOR MOTORCYCLES . . . . . . . . . . . . . . . . . . . . . . . 61
ARTICLE VIII 12 - 8 OPERATION OF BICYCLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
ARTICLE IX 12 - 9 PARKING REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
ARTICLE X 12 - 10 VEHICLE REGULATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
ARTICLE XI 12 - 11 TRAFFIC VIOLATIONS BUREAU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
ARTICLE XII 12 - 12 PENALTIES AND PROCEDURES ON ARREST . . . . . . . . . . . . . . . . . 91
ARTICLE XIII 12 - 13 EFFECT AND SHORT TITLE OF ORDINANCE . . . . . . . . . . . . . . . . . . 107
ARTICLE I - DEFINITIONS
12-1-1 Definition of Words and Phrases
12-1-2 Abandoned Vehicle
12-1-3 Administrator
12-1-4 Alley
12-1-5 Authorized Emergency Vehicle
12-1-6 Bicycle
12-1-7 Bus
12-1-8 Business District
12-1-9 Cancellation
12-1-10 Combination
12-1-11 Controlled Access Street
12-1-12 Converter Gear
12-1-13 Crosswalk
12-1-14 Curb Loading Zone
12-1-15 Daytime
12-1-16 Dealer
12-1-17 Director
12-1-18 Divided Street
12-1-19 Division
12-1-20 Driveaway-Towaway Operation
12-1-21 Driver
12-1-22 Driver's License
12-1-23 Explosives
12-1-24 Farm Tractor
12-1-25 First Offenders
12-1-26 Flammable Liquid
12-1-27 Freight Curb Loading Zone
12-1-28 House Trailer
12-1-29 Implement of Husbandry
12-1-30 Intersection
12-1-31 Interstate Highway
12-1-32 Laned Roadway
12-1-33 License or License to Operate a Motor Vehicle
12-1-34 Metal Tire
12-1-35 Mobile Home
12-1-36 Moped
12-1-37 Motorcycle
12-1-38 Motor Driven Cycle
12-1-39 Motor Scooter
12-1-40 Motor Vehicle
12-1-41 Nighttime
12-1-42 Nonresident
12-1-43 Official Time Standard
12-1-44 Official Traffic-Control Devices
12-1-45 Operator
12-1-46 Owner
12-1-47 Park or Parking
12-1-48 Passenger Curb Loading Zone
12-1-49 Pedestrian
12-1-50 Person
12-1-51 Pole Trailer
12-1-52 Police or Peace Officer
12-1-53 Private Road or Driveway
12-1-54 Public Holidays
12-1-55 Railroad
12-1-56 Railroad Sign or Signal
12-1-57 Railroad Train
12-1-58 Recreational Vehicle
12-1-59 Registration Number
12-1-60 Registration Plate
12-1-61 Residence District
12-1-62 Revocation
12-1-63 Right of Way
12-1-64 Road Tractor
12-1-65 Roadway
12-1-66 Safety Zone
12-1-67 School Bus
12-1-68 Semitrailer
12-1-69 Sidewalk
12-1-70 Solid Tire
12-1-71 Stand or Standing
12-1-72 State
12-1-73 State Highway
12-1-74 Stop
12-1-75 Stop, Stopping or Standing
12-1-76 Street or Highway
12-1-77 Subsequent Offender
12-1-78 Suspension
12-1-79 Taxicab
12-1-80 Through Street
12-1-81 Traffic
12-1-82 Traffic-Control Signal
12-1-83 Trailer
12-1-84 Trial Court
12-1-85 Truck
12-1-86 Truck Tractor
12-1-87 Validating Sticker
12-1-88 Vehicle
12-1-89 Any Other Term
12-1-90 Marshall
12-1-1 DEFINITION OF WORDS AND PHRASES.
A. The following words and phrases when used in this ordinance shall, for the purpose of this ordinance, have the meanings respectively ascribed to them in Sections 12-1-1 through 12-1-90.
B. When in a specific section of this ordinance a different meaning is given for a term defined for general purposes in this section, the specific section's meaning and application of the term shall control. (66-1-4 NMSA 1978)
12-1-2 ABANDONED VEHICLE. "Abandoned Vehicle" means a vehicle or motor vehicle which has been determined by a New Mexico law enforcement agency:
A. To have been left unattended on either public on private property for at least thirty days;
B. Not to have been reported stolen;
C. Not to have been claimed by any person asserting ownership; and
D. Not to have shown by normal record checking procedures to be owned by any person. (66-1-4.1 NMSA 1978)
E. To be in violation of Section 12-12-18 F(1) a or b.
12-1-3 ADMINISTRATOR. "Administrator" means the chief executive employee of the municipality; including but not limited to the manager, clerk or administrator, or his designated representative.
12-1-4 ALLEY. "Alley" means a street intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.
12-1-5 AUTHORIZED EMERGENCY VEHICLE. "Authorized Emergency Vehicle" means any vehicle of the fire department, police vehicles, ambulances and such emergency vehicles of municipal departments or public service corporations as are designated or authorized by the chief of the New Mexico state police or the administrator. (66-1-4.1 NMSA 1978)
12-1-6 BICYCLE. "Bicycle" means every device propelled by human power, upon which any person may ride, having two tandem wheels, except scooters and similar devices. (66-1-4.2 NMSA 1978)
12-1-7 BUS. "Bus" means every motor vehicle designed and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (66-1-4.2 NMSA 1978)
12-1-8 BUSINESS DISTRICT. "Business District" means the territory contiguous to and including a street and within three hundred feet from the street where there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least fifty percent of the frontage on one side or fifty percent of the frontage collectively on both sides of the street. (66-1-4.2 NMSA 1978)
12-1-9 CANCELLATION. "Cancellation" means that a driver's license is annulled and terminated because of some error or defect or because the licensee is no longer entitled to such license, but cancellation of a license is without prejudice and application for a new license may be made at any time after such cancellation. (66-1-4.3 NMSA 1978)
12-1-10 COMBINATION. "Combination" means any connected assemblage of a motor vehicle and one or more semitrailers, trailers, or semitrailers converted to trailers by means of a converter gear. (66-1-4.3 NMSA 1978)
12-1-11 CONTROLLED ACCESS STREET. "Controlled Access Street" means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway. (66-1-4.3 NMSA 1978)
12-1-12 CONVERTER GEAR. "Converter Gear" means any assemblage of one or more axles with a fifth wheel mounted thereon, designed for use in a combination to support the front end of a semitrailer but not permanently attached thereto. A converter gear shall not be considered a vehicle, as that term is used in Chapter 66 NMSA 1978, but weight attributable thereto shall be included in declared gross weight. (66-1-4.3 NMSA 1978)
12-1-13 CROSSWALK. "Crosswalk" means:
A. That part of a street at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.
B. Any portion of a street at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. (66-1-4.3 NMSA 1978)
12-1-14 CURB LOADING ZONE. "Curb Loading Zone" means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
12-1-15 DAYTIME. "Daytime" means from a half hour before sunrise to a half hour after sunset. (66-7-301 NMSA 1978)
12-1-16 DEALER. "Dealer" means any person who sells or solicits or advertises the sale of new or used motor vehicles, house trailers or trailers subject to registration in this state. Dealer shall not include:
A. receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under judgment, decree or order of any court;
B. public officers while performing their duties as such officers;
C. persons making casual sales of their own vehicles duly registered and licensed to them by the state of New Mexico;
D. finance companies, banks and other lending institutions covering sales of repossessed vehicles; or
E. licensed brokers under the Manufactured Housing Act who for a fee, commission or valuable consideration engage in brokerage activities related to the sale, exchange or lease-purchase of pre-owned manufactured homes on a site installed for a consumer. (66-1-4.4 NMSA 1978)
12-1-17 DIRECTOR. "Director" means the secretary of the state taxation and revenue department. (66-1-4.4 NMSA 1978)
12-1-18 DIVIDED STREET. "Divided Street" means any street containing a physical barrier, intervening space or clearly indicated dividing section so construed to impede vehicular traffic and separating vehicular traffic traveling in opposite directions.
12-1-19 DIVISION. "Division" without further specification, "division of motor vehicles" or motor vehicles division means the department. (66-1-4.4 NMSA 1978)
12-1-20 DRIVEAWAY-TOWAWAY OPERATION. "Driveaway-Towaway Operation" means any operation in which any motor vehicle, new or used, constitutes the commodity being transported, when one set or more of wheels of any such motor vehicle is on the street during the course of transportation, whether or not the motor vehicle furnishes the motive power. (66-1-4.4 NMSA 1978)
12-1-21 DRIVER. "Driver" means every person who drives or is in actual physical control of a motor vehicle, including a motor-driven cycle, upon a street or who is exercising control over, or steering, a vehicle being towed by a motor vehicle. (66-1-4.4 NMSA 1978)
12-1-22 DRIVER'S LICENSE. "Driver's License" means a license or a class of license issued by a State or other jurisdiction to an individual that authorizes the individual to drive a motor vehicle. (66-1-4.4 NMSA 1978)
12-1-23 EXPLOSIVES. "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. A further definition of explosives is contained in Section 66-3-861 NMSA 1978. (66-1-4.5 NMSA 1978)
12-1-24 FARM TRACTOR. "Farm Tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows and mowing machines and other implements of husbandry. (66-1-4.6 NMSA 1978)
12-1-25 FIRST OFFENDER. "First Offender" means a person who for the first time under state or federal law or municipal ordinance has been adjudicated guilty of the charge of driving a motor vehicle while under the influence of intoxicating liquor or any drug which renders him incapable of safely driving a motor vehicle regardless of whether the person's sentence was suspended or deferred. (66-1-4.6 NMSA 1978)
12-1-26 FLAMMABLE LIQUID. "Flammable Liquid" means any liquid which has a flash point of seventy degrees Fahrenheit, or less, as determined by a tagliabue or equivalent closed-up test device. (66-1-4.6 NMSA 1978)
12-1-27 FREIGHT CURB LOADING ZONE. "Freight Curb Loading Zone" means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.
12-1-28 HOUSE TRAILER. "House Trailer" means a manufactured home. (66-1-4.8 NMSA 1978)
12-1-29 IMPLEMENT OF HUSBANDRY. "Implement of Husbandry" means every vehicle which is designed for agricultural purposes and exclusively used by the owner thereof in the conduct of his agricultural operations. (66-1-4.9 NMSA 1978)
12-1-30 INTERSECTION.
A. "Intersection" means:
1. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways or two streets which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict.
2. Where a street includes two roadways thirty feet or more apart, every crossing of each roadway of such divided street by an intersecting street shall be regarded as a separate intersection. In the event the intersecting street also includes two roadways thirty feet or more apart, every crossing of two roadways of such highways shall be regarded as a separate intersection. (66-1-4.9 NMSA 1978)
B. The junction of an alley with a roadway shall not constitute an intersection.
12-1-31 INTERSTATE HIGHWAY. "Interstate Highway" means any public highway which has been designated as an interstate highway by the government of the United States.
12-1-32 LANED ROADWAY. "Laned Roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. (66-1-4.10 NMSA 1978)
12-1-33 LICENSE OR LICENSE TO OPERATE A MOTOR VEHICLE. "License or License to Operate a Motor Vehicle" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state including:
A. any temporary license or instruction permit;
B. the privilege of any person to drive a motor vehicle whether or not the person holds a valid license; and
C. any nonresident's operating privilege as defined herein.
12-1-34 METAL TIRE. "Metal Tire" means every tire the surface of which in contact with the street is wholly or partly of metal or other hard nonresilient material, except that for the purposes of this ordinance a snow tire with metal studs designed to increase traction on ice or snow shall not be considered a metal tire. (66-1-4.11 NMSA 1978)
12-1-35 MOBILE HOME. "Mobile Home" means a house trailer, other than one held as inventory for sale or resale, that exceeds either a width of eight feet or a length of forty feet, when equipped for the road.
12-1-36 MOPED. "Moped" means a two-wheeled or three-wheeled vehicle with an automatic transmission and a motor having a piston displacement of less than fifty cubic centimeters, which is capable of propelling the vehicle at a maximum speed of not more than twenty-five miles an hour on level ground at sea level. (66-1-4.11 NMSA 1978)
12-1-37 MOTORCYCLE. "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. (66-1-4.11 NMSA 1978)
12-1-38 MOTOR DRIVEN CYCLE. "Motor Driven Cycle" means every motorcycle, motor scooter and moped having an engine with less than one hundred cubic centimeters displacement.
12-1-39 MOTOR SCOOTER. "Motor Scooter" means a motor-driven cycle as defined in this section.
12-1-40 MOTOR VEHICLE. "Motor Vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails. (66-1-4.11 NMSA 1978)
12-1-41 NIGHTTIME. "Nighttime" means the hours from a half hour after sunset to a half hour before sunrise.
12-1-42 NONRESIDENT. "Nonresident" means every person who is not a resident of this state. (66-1-4.12 NMSA 1978)
12-1-43 OFFICIAL TIME STANDARD. "Official Time Standard" means whenever certain hours are named in this ordinance they shall mean standard time or daylight-saving time as may be in current use in this municipality.
12-1-44 OFFICIAL TRAFFIC-CONTROL DEVICES. "Official Traffic-Control Devices" means all signs, signals, markings and devices not inconsistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. (66-1-14.13 NMSA 1978)
12-1-45 OPERATOR. "Operator" means driver, as defined in Section 12-1-21. (66-1-4.13 NMSA 1978)
12-1-46 OWNER. "Owner" means a person who holds the legal title of a vehicle and may include a conservator, guardian, personal representative, executor or similar fiduciary or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or, in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor. (66-1-4.13 NMSA 1978)
12-1-47 PARK OR PARKING. "Park or Parking" means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading and unloading. (66-1-4.14 NMSA 1978)
12-1-48 PASSENGER CURB LOADING ZONE. "Passenger Curb Loading Zone" means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
12-1-49 PEDESTRIAN. "Pedestrian" means any natural person on foot. (66-1-4.14 NMSA)
12-1-50 PERSON. "Person" means every natural person, firm, copartnership, association, corporation, or other legal entity. (66-1-4.14 NMSA 1978)
12-1-51 POLE TRAILER. "Pole Trailer" means any vehicle without motive power, designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, structures, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections. (66-1-4.14 NMSA 1978)
12-1-52 POLICE OR PEACE OFFICER. "Police or Peace Officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of this ordinance. (66-1-4.14 NMSA 1978)
12-1-53 PRIVATE ROAD OR DRIVEWAY. "Private Road or Driveway" means every way or place in private ownership used for vehicular travel by the owner and those having express or implied permission from the owner, but not other persons. (66-1-4.14 NMSA 1978)
12-1-54 PUBLIC HOLIDAYS. "Public Holidays" means New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, or any other day designated a holiday by the governing body of this municipality.
12-1-55 RAILROAD. "Railroad" means a carrier of persons or property upon cars operated upon stationary rails. (66-1-4.15 NMSA 1978)
12-1-56 RAILROAD SIGN OR SIGNAL. "Railroad sign or signal" means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train. (66-1-4.15 NMSA 1978)
12-1-57 RAILROAD TRAIN. "Railroad Train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. (66-1-4.15 NMSA 1978)
12-1-58 RECREATIONAL VEHICLE. "Recreational Vehicle" means a vehicle with a camping body that either has its own motive power or is drawn by another vehicle. (66-1-4 NMSA 1978)
12-1-59 REGISTRATION NUMBER. "Registration Number" means the number assigned by the motor vehicle division to the owner of a vehicle or motor vehicle required to be registered by the Motor Vehicle Code. (66-1-4.15 NMSA 1978)
12-1-60 REGISTRATION PLATE. "Registration Plate" means the plate, marker, sticker or tag assigned by the motor vehicle division for the identification of the registered vehicle. (66-1-4.15 NMSA 1978)
12-1-61 RESIDENCE DISTRICT. "Residence District" means the territory contiguous to and including a street not comprising a business district when the property on the street for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business. (66-1-4.15 NMSA 1978)
12-1-62 REVOCATION. "Revocation" means that the driver's licence and privilege to drive a motor vehicle on the public streets are terminated and shall not be renewed or restored, except that an application for a new license may be presented and acted upon by the division after the expiration of at least one year after date of revocation. (66-1-4.15 NMSA 1978)
12-1-63 RIGHT OF WAY. "Right of Way" means the privilege of the immediate use of the roadway. (66-1-4.15 NMSA 1978)
12-1-64 ROAD TRACTOR. "Road Tractor" means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon, either independently or as any part of the weight of a vehicle or load so drawn. (66-1-4.15 NMSA 1978)
12-1-65 ROADWAY. "Roadway" means that portion of a street improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a street includes two or more separate roadways, the term "roadway" as used in this ordinance refers to any such roadway separately but not to all such roadways collectively. (66-1-4.15 NMSA 1978)
12-1-66 SAFETY ZONE. "Safety Zone" means the area or space officially set apart within a street for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (66-1-4.16 NMSA 1978)
12-1-67 SCHOOL BUS. "School Bus" means any motor vehicle operating under the jurisdiction of the state board of education or private school or parochial school interests which is used to transport children, students or teachers to and from schools or to and from any school activity, but not including any vehicle:
A. operated by a common carrier, subject to and meeting all requirements of the state corporation commission but not used exclusively for the transportation of pupils;
B. operated solely by a government-owned transit authority, if the transit authority meets all safety requirements of the state corporation commission but is not used exclusively for transportation of pupils; or
C. operated as a per capita feeder as defined in Section 22-16-6 NMSA 1978. (66-1-4.16 NMSA 1978)
12-1-68 SEMITRAILER. "Semitrailer" means any vehicle, without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. (66-1-4.16 NMSA 1978)
12-1-69 SIDEWALK. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians. (66-1-4.16 NMSA 1978)
12-1-70 SOLID TIRE. "Solid Tire" means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. (66-1-4.16 NMSA 1978)
12-1-71 STAND OR STANDING. "Stand or Standing" means the halting of vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
12-1-72 STATE. "State" means a state, territory or possession of the United States, the District of Columbia, or any province of the Dominion of Canada. (66-1-4.16 NMSA 1978)
12-1-73 STATE HIGHWAY. "State Highway" means any public highway which has been designated as a state highway by the legislature, the state highway commission or the chief highway administrator. (66-1-4.16 NMSA 1978)
12-1-74 STOP. "Stop", when required, means complete cessation from movement. (66-1-4.16 NMSA 1978)
12-1-75 STOP, STOPPING OR STANDING. "Stop, Stopping or Standing", when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal. (66-1-4.16 NMSA 1978)
12-1-76 STREET OR HIGHWAY. "Street or Highway" means every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction. (66-1-4.16 NMSA 1978)
12-1-77 SUBSEQUENT OFFENDER. "Subsequent Offender" means a person who was previously a first offender and who again, under state law, federal law, or municipal ordinance, has been adjudicated guilty of the charge of driving a motor vehicle while under the influence of intoxicating liquor or any drug which rendered him incapable of safely driving a motor vehicle regardless of whether the person's sentence is suspended or deferred. (66-1-4.16 NMSA 1978)
12-1-78 SUSPENSION. "Suspension" means that the driver's license and privilege to drive a motor vehicle on the public highways are temporarily withdrawn but only during the period of such suspension. (66-1-4.16 NMSA 1978)
12-1-79 TAXICAB. "Taxicab" means a motor vehicle used in the transportation of persons for hire, having a normal seating capacity of not more than seven persons. (66-1-4.17 NMSA 1978)
12-1-80 THROUGH STREET. "Through Street" means every street or portion thereof at the entrance to which vehicular traffic from intersecting streets is required by law to stop before entering or crossing the same when stop signs are erected as provided in this ordinance. (66-1-4.17 NMSA 1978)
12-1-81 TRAFFIC. "Traffic" means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together using any street for purposes of travel. (66-1-4.17 NMSA 1978)
12-1-82 TRAFFIC-CONTROL SIGNAL. "Traffic-Control Signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. (66-1-4.17 NMSA 1978)
12-1-83 TRAILER. "Trailer" means any vehicle, without motive power, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle. (66-1-4.17 NMSA 1978)
12-1-84 TRIAL COURT. "Trial Court" means the magistrate, municipal or district court which tries the case concerning an alleged violation of a provision of the Uniform Traffic Ordinance and the Motor Vehicle Code. (66-1-4.17 NMSA 1978)
12-1-85 TRUCK. "Truck" means every motor vehicle designed, used or maintained primarily for the transportation of property. (66-1-4.17 NMSA 1978)
12-1-86 TRUCK TRACTOR. "Truck Tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (66-1-4.17 NMSA 1978)
12-1-87 VALIDATING STICKER. "Validating Sticker" means the tab or sticker issued by the division to signify, upon a registration plate, renewed registration. (66-1-4.19 NMSA 1978)
12-1-88 VEHICLE. "Vehicle" means every device in, upon, or by which, any person or property is or may be transported or drawn upon a street, including any frame, chassis or body of any vehicle or motor vehicle, except devices moved by human power or used exclusively upon stationary rails or tracks. (66-1-4.19 NMSA 1978)
12-1-89 ANY OTHER TERM. "Any Other Term" used in this ordinance is used in its commonly accepted meaning except where such term has been defined elsewhere in this ordinance or defined in Sections 66-1-4.1 through 66-1-4.20 NMSA 1978.
12-1-90 MARSHALL. Chief police officer of the Village of Taos Ski Valley.
ARTICLE II - RESERVED
ARTICLE III - APPLICATION OF TRAFFIC REGULATIONS
12-3-1 Obedience to Traffic Ordinance
12-3-2 Obedience to Officers
12-3-3 Authority of Police and Fire Departments
12-3-4 Authorized Emergency Vehicles
12-3-5 Application of Traffic Ordinance to Persons Propelling Push Carts, Riding Animals or Driving Animal-Drawn Vehicles
12-3-6 Use of Coaster Wagons, Roller Skates and Similar Devices Restricted
12-3-7 Public Officers and Employees to Obey Ordinance--Exceptions
12-3-1 OBEDIENCE TO TRAFFIC ORDINANCE. It is unlawful and, unless otherwise declared in this ordinance with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this ordinance. (66-7-3 NMSA 1978)
12-3-2 OBEDIENCE TO OFFICERS. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer or fire department officer invested by this ordinance with authority to direct, control, or regulate traffic. (66-7-4 NMSA 1978)
12-3-3 AUTHORITY OF POLICE AND FIRE DEPARTMENTS.
A. It is the duty of police officers, or such officers as may be assigned by the Marshall, to enforce all traffic regulations of this municipality and all applicable state vehicle laws.
B. Police officers, or such officers as may be assigned by the Marshall, are authorized to direct all traffic by voice, hand or signal in conformance with traffic laws and regulations. However, in the event of a fire or other emergency, they may direct as conditions require, notwithstanding provisions of the traffic laws and regulations, in order to expedite traffic or to safeguard pedestrians.
C. Officers of the fire department may direct or assist police in directing traffic at the scene of a fire or in its immediate vicinity.
12-3-4 AUTHORIZED EMERGENCY VEHICLE.
A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section subject to the conditions stated. The chief of the New Mexico state police or the appropriate local agency may designate emergency vehicles and evoke the designation. When vehicles are so designated, they are authorized emergency vehicles.
B. The driver of an authorized emergency vehicle may:
1. park or stand, irrespective of the provisions of this ordinance;
2. proceed past a red or stop signal or stop sign, but only after slowing down as necessary for safe operation;
3. exceed the maximum speed limits so long as he does not endanger life or property; and
4. disregard regulations governing direction of movement or turning in specified directions.
C. The exemptions granted to an authorized emergency vehicle apply only when the driver of the vehicle, while in motion sounds an audible signal by bell, siren or exhaust whistle as reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
D. This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor does it protect the driver from the consequences of his reckless disregard for the safety of others. (66-7-6 NMSA 1978)
12-3-5 APPLICATION OF TRAFFIC ORDINANCE TO PERSONS PROPELLING PUSH CARTS, RIDING ANIMALS OR DRIVING ANIMAL-DRAWN VEHICLES. Every person riding an animal, driving any animal-drawn vehicle, or propelling a push cart upon a street shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance, except those provisions of this ordinance which by their very nature can have no application, and except where otherwise specifically provided in this ordinance. (66-7-7 NMSA 1978)
12-3-6 APPLICATION OF TRAFFIC ORDINANCE TO COASTER WAGONS, ROLLER SKATES, SKATEBOARDS, AND SIMILAR DEVICES RESTRICTED. Every person upon roller skates, or riding in or by means of any coaster wagon, skateboard, toy vehicle, or similar device shall be granted all of the rights and shall be subject to all of the duties applicable to the operator of a motor vehicle by this ordinance, except those provisions of this ordinance which by their very nature can have no application, and except where otherwise specifically provided in this Ordinance.
12-3-7 PUBLIC OFFICERS AND EMPLOYEES TO OBEY ORDINANCE--EXCEPTIONS.
A. The provisions of this ordinance, applicable to the drivers of vehicles upon the streets, shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, district, or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in this ordinance, with reference to authorized emergency vehicles.
B. Unless specifically made applicable, the provisions of this ordinance shall not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work. (66-7-5 NMSA 1978)
ARTICLE IV - ACCIDENT AND ACCIDENT REPORTS
12-4-1 Accidents Involving Death or Personal Injury
12-4-2 Accidents Involving Damage to Vehicle
12-4-3 Duty to Give Information and Render Aid
12-4-4 Duty upon Striking Unattended Vehicle
12-4-5 Duty upon Striking Fixtures or Other Property upon a Street
12-4-6 Immediate Notice of Accidents
12-4-7 Written Reports of Accidents
12-4-8 Garages, Dealers and Wreckers of Vehicles to Report
12-4-9 False Reports
12-4-10 Written Accident Reports Confidential--Exceptions
12-4-1 ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY.
A. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then immediately return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 12-4-3. Every such stop shall be made without obstructing traffic more than is necessary.
B. Any person failing to stop or comply with the requirements of Section 12-4-3, where the accident does not result in great bodily harm or death, shall be sentenced to a definite term of not more than ninety days in jail, or a fine of not more than three hundred dollars ($300), or both. (66-7-201 NMSA 1978)
12-4-2 ACCIDENTS INVOLVING DAMAGE TO VEHICLE. The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 12-4-3. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor. (66-7-202 NMSA 1978)
12-4-3 DUTY TO GIVE INFORMATION AND RENDER AID. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, and the registration number of the vehicle he is driving and shall upon request exhibit his driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. (66-7-203 NMSA 1978)
12-4-4 DUTY UPON STRIKING UNATTENDED VEHICLE. The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. (66-7-204 NMSA 1978)
12-4-5 DUTY UPON STRIKING FIXTURES OR OTHER PROPERTY UPON A STREET. The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a street shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request exhibit his driver's license and shall make report of such accident when and as required in Section 12-4-7. (66-7-205 NMSA 1978)
12-4-6 IMMEDIATE NOTICE OF ACCIDENTS.
A. The driver of a vehicle involved in an accident resulting in injury to or death of any person, or property damage to an apparent extent of five hundred dollars ($500) or more, shall immediately, by the quickest means of communication, give notice of such accident to the police department. (66-7-206 NMSA 1978)
B. Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in subsection A and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver. (66-7-208)
12-4-7 WRITTEN REPORTS OF ACCIDENTS.
A. The driver of a vehicle involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of five hundred dollars ($500) or more shall, within five days after such accident, forward a written report of such accident to the police department. (66-7-207 NMSA 1978)
B. The provisions of this section shall not be applicable when the accident has been investigated at the scene by a police officer while the driver was present.
C. The provisions of this section may be met by submission to the police department of a copy of any accident report required under state law.
D. Whenever the driver is physically incapable of making a written report of an accident as required in this ordinance and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall within five days after learning of the accident make such report not made by the driver. (66-7-208 NMSA 1978)
E. The police department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports concerning the accident to the department.
F. Every police officer who, in the regular course of duty, investigates a motor vehicle accident of which report must be made as required in this section, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses shall, within twenty-four hours after completing such investigation, forward a written report of such accident to the police department. (66-7-207 NMSA 1978)
12-4-8 GARAGES, DEALERS AND WRECKERS OF VEHICLES TO REPORT. The person in charge of any garage or repair shop, dealers, or wreckers of vehicles, to which is brought any motor vehicle which shows evidence of having been involved in an accident of which report must be made as provided in this ordinance, or struck by any bullet, shall report to the police department within twenty-four hours after such motor vehicle is received, giving such vehicle identification number, registration number, and the name and address of the owner or operator of such vehicle. (66-7-212 NMSA 1978)
12-4-9 FALSE REPORTS. No person shall give information to the police department in oral or written reports of accidents, knowing or having reason to believe that the information is false.
12-4-10 WRITTEN ACCIDENT REPORTS CONFIDENTIAL--EXCEPTIONS.
A. All accident reports made by persons involved in accidents or by persons in charge of garages shall be without prejudice to the individual so reporting and shall be for the confidential use of the police department or state agencies having use for the records for accident prevention purposes or for the administration of the laws of this state relating to the deposits of security and proof of financial responsibility by persons driving or the owners of motor vehicles, except that the police department may disclose:
1. the identity of a person involved in an accident when his identity is not otherwise known or when the person denies his presence at the accident; or
2. the fact that the owner or operator of a motor vehicle involved in the accident is or is not insured and if he is insured, the name and address of his insurance carrier.
B. Except as otherwise provided in this section, no accident report shall be used as evidence in any trial, civil or criminal, arising out of an accident.
C. The police department shall furnish upon demand of any person who has or claims to have made a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the police department solely to prove a compliance or a failure to comply with the requirement that a report be made to the police department.
D. A certified copy of the investigating officer's accident report may be introduced into evidence in any arbitration or civil action involving the insurer's liability under a motor vehicle or automobile liability policy containing uninsured motorist coverage as required by Section 66-5-301 NMSA 1978 to prove that the owner or operator of the other motor vehicle involved in the accident is either insured or uninsured. The police department shall furnish a certified copy of the investigating officer's accident report to either party to the arbitration or civil action or to the court on request. The certified copy of the investigating officer's report is prima facie evidence that the owner or operator of the other motor vehicle is either insured or uninsured. (66-7-213 NMSA 1978)
ARTICLE V - SIGNS, SIGNALS AND MARKINGS
12-5-1 Authority to Install Traffic-Control Devices
12-5-2 Manual and Specifications for Traffic-Control Devices
12-5-3 Obedience to Required Traffic-Control Devices
12-5-4 When Official Traffic-Control Devices Required for Enforcement Purposes
12-5-5 Official Traffic-Control Devices--Presumption of Legality
12-5-6 Lights and Their Application to Vehicles and Pedestrians
12-5-7 Pedestrian Control Signals
12-5-8 Flashing Signals
12-5-9 Lane-Direction-Control Signals
12-5-10 Display of Unauthorized Signs, Signals or Markings
12-5-11 Interference with Official Traffic-Control Devices or Railroad Signals
12-5-12 Play Streets
12-5-13 Crosswalks and Safety Zones
12-5-14 Traffic Lanes
12-5-1 AUTHORITY TO INSTALL TRAFFIC-CONTROL DEVICES. The administrator shall place and maintain such traffic-control devices as necessary to carry out the provisions of this ordinance and to regulate, warn or guide traffic.
12-5-2 MANUAL AND SPECIFICATIONS FOR TRAFFIC-CONTROL DEVICES. The administrator shall place and maintain such traffic-control devices upon streets under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this ordinance or to regulate, warn or guide traffic. All such traffic-control devices hereafter erected shall conform to the state manual and specifications. (66-7-103 NMSA 1978)
12-5-3 OBEDIENCE TO REQUIRED TRAFFIC-CONTROL DEVICES. The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this ordinance, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this ordinance. (66-7-104 NMSA 1978)
12-5-4 WHEN OFFICIAL TRAFFIC-CONTROL DEVICES REQUIRED FOR ENFORCEMENT PURPOSES. No provision of this ordinance for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place. (66-7-104 NMSA 1978)
12-5-5 OFFICIAL TRAFFIC-CONTROL DEVICES--PRESUMPTION OF LEGALITY.
A. Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this ordinance, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
B. Any official traffic-control device placed pursuant to the provisions of this ordinance and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this ordinance, unless the contrary shall be established by competent evidence.
12-5-6 LIGHTS AND THEIR APPLICATION TO VEHICLES AND PEDESTRIANS. Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one (1) at a time or in combination, only the colors green, yellow and red shall be used, except for special pedestrian control signals carrying a word legend, and the lights indicate and apply to drivers of vehicles and pedestrians:
A. Green alone:
1. vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at the place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited; and
2. pedestrians facing the signal may proceed across the street within any marked or unmarked crosswalk.
B. Yellow alone when shown following the green signal:
1. vehicular traffic facing the signal is warned that the red signal will be exhibited immediately thereafter and the vehicular traffic shall not enter the intersection when the red signal is exhibited except to turn right as hereinafter provided; and
2. no pedestrian facing the signal shall enter the street until the green is shown alone unless authorized to do so by a pedestrian "walk" signal.
C. Red alone:
1. vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, then before entering the intersection (66-7-105 NMSA 1978), and shall remain stopped until permitted to proceed by a green light or arrow , or may then turn right after standing until the intersection may be entered safely, provided that such vehicular traffic shall yield the right of way to all pedestrians and vehicles lawfully in or approaching the intersection; and
2. vehicular traffic on a one-way street facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, then before entering the intersection, and if a left turn onto a one-way street in the proper direction is intended, may turn left after stopping until the intersection may be entered safely, provided that such vehicular traffic shall yield the right of way to all pedestrians and vehicles lawfully in or approaching the intersection;
3. whenever the administrator determines on the basis of an engineering and traffic investigation that a turn as hereinabove provided should be prohibited at a particular intersection, such turn may be prohibited by the posting of signs at the intersection indicating that such a turn is prohibited; and
4. no pedestrian facing the signal shall enter the street until the green is shown alone unless authorized to do so by a pedestrian "walk" signal.
D. Red with green arrow:
1. vehicular traffic facing the signal may cautiously enter the intersection only to make the movement indicated by the arrow, but shall yield the right of way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection; and
2. no pedestrian facing the signal shall enter the street unless he can do so safely and without interfering with any vehicular traffic.
E. If an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section apply except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the signal.
F. When a sign is in place permitting a turn, vehicular traffic facing a steady red signal may cautiously enter the intersection to make the turn indicated by the sign after stopping as required by Subsection C.1. Vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. (66-7-105 NMSA 1978)
12-5-7 PEDESTRIAN CONTROL SIGNALS. Whenever special pedestrian control signals exhibiting the words "walk" or "don't walk" are in place:
A. "walk" indicates that pedestrians facing the signal may proceed across the street in the direction of the signal and shall be given the right of way by drivers of all vehicles; and
B. "don't walk" indicates that no pedestrian shall start to cross the street in the direction of the signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the "don't walk" signal is showing. (66-7-106 NMSA 1978)
12-5-8 FLASHING SIGNALS.
A. Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
1. flashing red (stop signal)--when a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign; or
2. flashing yellow (caution signal)--when a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
B. This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in Sections 12-6-7.5 - 12-6-7.8 of this ordinance. (66-7-107 NMSA 1978)
12-5-9 LANE-DIRECTION-CONTROL SIGNALS. When lane-direction-control signals are placed over the individual lanes of a street, vehicular traffic may travel in any lane over which a green signal is shown, but a vehicle shall not enter or travel in any lane over which a red signal is shown.
12-5-10 DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS OR MARKINGS.
A. No person shall place, maintain, or display upon or in view of any street any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movements of traffic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.
B. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the administrator is hereby empowered to remove the same or cause it to be removed without notice. (66-7-108 NMSA 1978)
C. The provisions of this section shall not prohibit the erection of signs upon private property adjacent to streets if the signs give useful directional information and are of a type that cannot be mistaken for official signs.
12-5-11 INTERFERENCE WITH OFFICIAL TRAFFIC-CONTROL DEVICES OR RAILROAD SIGNALS.
A. No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof. (66-7-109 NMSA 1978)
B. No person shall hide or obscure any official traffic-control device or railroad sign or signals by parking a vehicle or erecting any object or by allowing bushes, hedges, trees or other vegetation to grow so as to obscure traffic-control devices or railroad signals. An obstruction includes, but is not limited to, any sign, fence, ornament, hedge, shrub, tree or display, but it does not include a building.
C. Unobstructed vision for traffic safety shall be maintained by the property owner or occupant on all corner lots regardless of the zone classification. No obstruction between three and eight feet above the street level shall be placed or maintained within a triangular area bounded by the street property lines of the corner lot and a line connecting the points 25 feet distant from the intersection of the property lines of such lot.
D. Every obstruction interfering with official traffic-control devices or railroad signals is a public nuisance, and the administrator may remove the obstruction or cause it to be removed without notice and assess costs involved to the violator.
12-5-12 PLAY STREETS.
A. The administrator has authority to declare any street or part of a street a temporary play street and to place appropriate signs or devices in the street to indicate and help protect the street.
B. Whenever authorized signs are erected to indicate a play street, no person shall drive on the street except drivers of vehicles whose residences are within the closed area. Such drivers shall exercise the greatest care in driving on the play street.
12-5-13 CROSSWALKS AND SAFETY ZONES. The administrator, upon the basis of engineering and traffic study investigations, may:
A. designate and maintain crosswalks by appropriate devices, marks or lines on the surface of the street where, in his opinion, there is particular danger to pedestrians crossing the street; and
B. establish safety zones of the kind and character and at places he deems necessary for the protection of pedestrians.
12-5-14 TRAFFIC LANES.
A. The administrator, upon the basis of engineering and traffic study investigations, may mark traffic lanes upon any street where a regular alignment of traffic is necessary.
B. Where such traffic lanes have been marked, it is unlawful for the operator of a vehicle to fail to keep the vehicle within the boundaries of the lane except when lawfully passing another vehicle or when making a lawful turning movement.
ARTICLE VI - TRAFFIC REGULATIONS
12-6-1 Speed Regulations
12-6-1.1 Basic Rule
12-6-1.2 Speed Limits
12-6-1.3 Establishment of Speed Zones
12-6-1.4 Regulation of Speed by Traffic Signals
12-6-1.5 Minimum Speed Regulation
12-6-1.6 Charging Violations
12-6-1.7 Special Speed Limitations
12-6-2 Driving on Right Side of Street--Overtaking and Passing--Use of Street
12-6-2.1 Drive on Right Side of Street--Exceptions
12-6-2.2 Passing Vehicles Proceeding in Opposite Direction
12-6-2.3 Overtaking Vehicle on the Left
12-6-2.4 Limitations on Overtaking on the Left
12-6-2.5 Further Limitations on Driving on Left of Center of Street
12-6-2.6 When Overtaking on the Right is Permitted
12-6-2.7 No-Passing Zones and Restrictions on Passing
12-6-2.8 Authority to Designate One-Way Streets and Alleys
12-6-2.9 Obedience to Signs Designating One-Way Streets and Alleys
12-6-2.10 Rotary Traffic Islands
12-6-2.11 Restricted Direction of Movement on Streets during Certain Periods
12-6-2.12 Driving on Streets Laned for Traffic
12-6-2.13 Following Too Closely
12-6-2.14 Driving on Divided Streets
12-6-2.15 Controlled Access
12-6-2.16 Restrictions on Use of Controlled-Access Streets
12-6-3 Designating Stop and Yield Intersections
12-6-3.1 Through Streets Designated
12-6-3.2 Authority to Erect Stop or Yield Signs at Through Streets
12-6-3.3 Authority to Erect Stop or Yield Signs at Other Intersections
12-6-4 Right of Way
12-6-4.1 Vehicle Approaching or Entering Intersection
12-6-4.2 Vehicles Turning Left at Intersection
12-6-4.3 Vehicles Entering Stop or Yield Intersection
12-6-5 Turning and Starting and Signals on Stopping and Turning
12-6-5.1 Required Position and Method of Turning at Intersection
12-6-5.2 Authority to Place Devices Altering Normal Course for Turns
12-6-5.3 Authority to Place Restricted Turn Signs
12-6-5.4 Obedience to No-Turn Signs
12-6-5.5 Limitations on Turning Around
12-6-5.6 Turning on Curve or Crest of Grade Prohibited
12-6-5.7 Starting Parked Vehicle
12-6-5.8 Turning and Stopping Movements and Required Signals
12-6-5.9 Signals by Hand and Arm or Signal Device
12-6-5.10 Method of Giving Hand and Arm Signals
12-6-6 Stopping, Standing and Parking
12-6-6.1 Stopping, Standing or Parking Prohibited in Specified Places
12-6-6.2 Additional Parking Regulations
12-6-6.3 Stopped or Parked Vehicles Not to Interfere with Other Traffic
12-6-6.4 Parking in Alleys
12-6-6.5 All-Night Parking Prohibited
12-6-6.6 Parking for Certain Purposes Prohibited
12-6-6.7 Parking Adjacent to Schools Prohibited
12-6-6.8 Parking Prohibited on Narrow Streets
12-6-6.9 Standing or Parking on One-Way Streets
12-6-6.10 Standing or Parking on Divided Streets
12-6-6.11 No Stopping, Standing or Parking Near Hazardous or Congested Places
12-6-6.12 Stopping, Standing or Parking Restricted or Prohibited on Certain Streets
12-6-6.13 Angle Parking and Permits for Loading or Unloading at an Angle to the Curb
12-6-6.14 Stopping, Standing or Parking Outside of Business or Residence Districts
12-6-7 Special Stops Required
12-6-7.1 Emerging from Alley, Building, Driveway or Private Road
12-6-7.2 Stop When Traffic Obstructed
12-6-7.3 Stopping for School Bus
12-6-7.4 Operation of Vehicle on Approach of Authorized Emergency Vehicle; of Oncoming Vehicle--Yield Right of Way
12-6-7.5 Obedience to Signal Indicating Approach of Train
12-6-7.6 All Vehicles Must Stop at Certain Railroad Grade Crossings
12-6-7.7 Certain Vehicles Must Stop at Railroad Grade Crossings--Exceptions
12-6-7.8 Moving Heavy Equipment at Railroad Grade Crossings
12-6-8 Passenger and Freight Curb Loading Zones
12-6-8.1 Authority to Designate Curb Loading Zones
12-6-8.2 Permits for Curb Loading Zones
12-6-8.3 Stopping, Standing or Parking in Passenger Curb Loading Zones
12-6-8.4 Stopping, Standing or Parking in Freight Curb Loading Zones
12-6-9 Public Carrier Stops and Stands
12-6-9.1 Authority to Designate Public Carrier Stops and Stands
12-6-9.2 Fees and Permits for Public Carrier Stops and Stands
12-6-9.3 Stopping, Standing and Parking of Buses and Taxicabs Regulated
12-6-9.4 Restricted Use of Bus and Taxicab Stands
12-6-10 School Crossings
12-6-11 Excessive Size and Weight, Slow-Moving and Hazardous Vehicles
12-6-11.1 Permit for Excessive Size and Weight - Special Notification Required on Movement of Manufactured Homes.
12-6-11.2 Slow-Moving Vehicle Identification
12-6-11.3 Escort to Be Furnished for Movement of Hazardous Vehicles
12-6-12 Driving Regulations and Offenses
12-6-12.1 Operating a Motor Vehicle under the Influence of Intoxicating Liquor or Drugs; Chemical Testing; Officer to File Statement; Immediate License Revocation
12-6-12.2 Operating a Motor Vehicle under the Influence of Intoxicating Liquor or Drug; Penalties; Sentencing; Fees
12-6-12.3 Reckless Driving
12-6-12.4 Careless Driving
12-6-12.5 Operators and Chauffeurs Must Be Licensed
12-6-12.6 Unlawful Use of License; Driving When Privilege to Do So Has Been Suspended or Revoked
12-6-12.7 Fleeing or Attempting to Elude a Police Officer
12-6-12.8 Unattended Motor Vehicle
12-6-12.9 Limitations on Backing
12-6-12.10 Obstruction to Driver's View or Driving Mechanism
12-6-12.11 Restriction on Use of Television in Motor Vehicles
12-6-12.12 Coasting Prohibited
12-6-12.13 Following Fire Apparatus Prohibited
12-6-12.14 Crossing Fire Hose Prohibited
12-6-12.15 Driving through Safety Zones Prohibited
12-6-12.16 Vehicles Shall Be Driven Only on Streets, Private Roads and Driveways
12-6-12.17 Driving on Sidewalk and Private Property
12-6-12.18 Prohibited Activities While Driving
12-6-12.19 Racing on Streets
12-6-12.20 Processions
12-6-12.21 Driver to Take Precautions Approaching Blind
12-6-12.22 Offenses by Persons Owning or Controlling Vehicles
12-6-12.23 Permitting Unauthorized Persons to Drive
12-6-12.24 Parties to Unlawful Acts
12-6-13 Miscellaneous Traffic Regulations
12-6-13.1 Offenses Relating to Driving Under the Influence
12-6-13.2 Unlawful Riding
12-6-13.3 Unhitched Trailer on Street
12-6-13.4 Moving or Molesting Unattended Vehicles
12-6-13.5 Destructive or Injurious Materials on Street
12-6-13.6 Trains and Buses Not to Obstruct Streets
12-6-13.7 Boarding or Alighting from Vehicles
12-6-13.8 Improper Opening of Doors
12-6-13.9 Occupied Moving House Trailer
12-6-13.10 Animals on Street
12-6-13.11 Driving on Mountain Streets
12-6-13.12 Use of Passenger Restraint Devices
12-6-13.13 Mandatory Use of Seatbelts
12-6-13.14 Consumption or Possession of Alcoholic Beverages in Open Container in a Motor Vehicle Prohibited - Exceptions
12-6-14 Pedestrians' Rights and Duties
12-6-14.1 Pedestrian Obedience to Traffic-Control Devices and Traffic Regulations
12-6-14.2 Pedestrians' Right of Way in Crosswalks
12-6-14.3 Pedestrians' to Use Right Half of Crosswalk
12-6-14.4 Crossing at Other than Crosswalks
12-6-14.5 Pedestrians on Streets
12-6-14.6 Pedestrians Soliciting Rides or Business
12-6-14.7 Obedience of Pedestrians to Bridge and Railroad Signals
12-6-14.8 Drivers to Exercise Due Care
12-6-14.9 Reference to Vehicles upon the Streets
12-6-1 SPEED REGULATIONS.
12-6-1.1 BASIC RULE. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding street and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.
12-6-1.2 SPEED LIMITS.
A. No person shall drive a vehicle on a street or detour at a speed greater than:
1. fifteen (15) miles per hour on all streets when passing a school while children are going to, or leaving school, and when the school zone is properly posted:
2. twenty (20) miles per hour within the Village limits (66-7-301 NMSA 1978); or
3. the lawfully posted speed limit when signs are erected giving notice of the speed limit.
B. In every event, speed shall be so controlled as may be necessary:
1. to avoid colliding with any person, vehicle or other conveyance on, or entering, the street;
2. to comply with legal requirements as may be established by the municipality, the state highway department or the New Mexico state police, and the duty of all persons to use due care; and
3. to protect workers in a construction zone working adjacent to single-lane moving traffic. (66-7-301 NMSA 1978)
12-6-1.3 ESTABLISHMENT OF SPEED ZONES.
A. Whenever the administrator determines, upon the basis of an engineering survey and traffic investigation, that any speed limit permitted under state law or local ordinance is greater or less than is reasonable or safe under the conditions found to exist upon any part of a street within his jurisdiction, he may declare a speed limit for that part which is effective at times determined, when appropriate signs giving notice thereof are erected at the particular part of the street.
B. Alteration of speed limits on state highways by the administrator are not effective until approved by the state highway commission. (66-7-303 NMSA 1978)
C. The administrator shall adhere to and abide by all applicable state statutes in making his determination of speed limits in the municipality.
D. Whenever the administrator declares a speed limit, he shall submit a schedule of the speed limit to the police department, the municipal judge, the municipal clerk and the municipal attorney.
E. Speed zones may be marked by a sign containing a flashing yellow light and, when the light is in operation, the speed limit, instructions or regulations on the sign are in effect.
F. The provisions of Subsection A of this section shall not apply to changes of speed limit in construction zones authorized pursuant to 12-6-1.3 G through K of this section.
G. When construction, repair or reconstruction of any street or highway is being done, the administrator or other governmental authority with jurisdiction over that street or highway is authorized to designate as a construction zone that portion of the street or highway where construction, reconstruction or repair is being done and to close the construction zone to traffic or to provide for a single lane of traffic on any two-lane or four-lane highway in the construction zone.
H. The administrator or other governmental authority closing all or a portion of a street or highway or providing for a single lane of traffic on any two-lane or four-lane street or highway pursuant to Subsection G of this section shall erect or cause to be erected traffic-control devices or barricades to warn and notify the public of any change in speed limit and that such street or highway is closed or limited to a single lane of traffic.
I. Every pedestrian or person who operates a vehicle on any street or highway shall obey all signs, signals, markings, flagmen or other traffic-control devices which are placed to regulate, control and guide traffic through a construction zone.
J. No person shall remove, change, modify, deface or alter any traffic-control device or barricade which has been erected on any street or highway pursuant to this section.
K. Any person who violates any provision of Subsection I or J of this section is guilty of a petty misdemeanor and upon conviction shall be sentenced in accordance with this code. (66-7-303 NMSA 1978)
12-6-1.4 REGULATION OF SPEED BY TRAFFIC SIGNALS. The administrator is authorized to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections and shall erect appropriate signs giving notice thereof.
12-6-1.5 MINIMUM SPEED REGULATION.
A. No person shall drive a motor vehicle at such slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with this ordinance.
B. Whenever the administrator determines on the basis of an engineering and traffic investigation that slow speeds on any part of a street consistently impede the normal and reasonable movement of traffic, the administrator may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with this ordinance. (66-7-305 NMSA 1978)
C. Police officers may enforce this section by directions to drivers. In the event of apparent willful disobedience to this section and refusal to comply with directions of an officer in accordance herewith, the continued slow operation by a driver is a violation of this section.
12-6-1.6 CHARGING VIOLATIONS.
A. In every charge of violation of any speed regulation under this ordinance, the complaint and the uniform traffic citation shall specify the speed at which the defendant is alleged to have driven and the maximum speed applicable within the district or at the location.
B. Provisions of this ordinance for maximum speed limitations shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident. (66-7-307 NMSA 1978)
12-6-1.7 SPECIAL SPEED LIMITATIONS.
A. Subject to the requirements of Section 12-10-1.5 of this ordinance, no person shall drive any vehicle equipped with solid rubber tires at a speed greater than a maximum of ten miles per hour.
B. No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a street at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted as provided in Section 66-7-306(C) NMSA 1978.
12-6-2 DRIVING ON RIGHT SIDE OF STREET--OVERTAKING AND PASSING--USE OF STREET.
12-6-2.1 DRIVE ON RIGHT SIDE OF STREET--EXCEPTIONS.
A. Upon all streets of sufficient width, a vehicle shall be driven upon the right half of the street, and where practicable, entirely to the right of the center thereof, except as follows:
1. when overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement (66-7-308 NMSA 1978);
2. when an obstruction exists making it necessary to drive to the left of the center of the street, provided that any person driving to the left shall yield the right of way to all vehicles traveling in the proper direction on the unobstructed portion of the street ;
3. when the right half of the street is closed to traffic while under construction or repair (66-7-308 NMSA 1978)
4. upon a street divided into three marked lanes for traffic under the rules applicable thereon; or
5. upon a street designated and signposted for one-way traffic.
B. Upon all streets any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the street except when overtaking and passing another car proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (66-7-308 NMSA 1978)
C. Upon any street having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the street, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the street for use by traffic not otherwise permitted to use such lanes, or except as permitted under Subsection 12-6-2.1A(2). However, this section shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.
12-6-2.2 PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTION. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon streets having width for not more than one (1) line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the street as nearly as possible. (66-7-309 NMSA 1978).
12-6-2.3 OVERTAKING A VEHICLE ON THE LEFT. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
A. the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the street until safely clear of the overtaken vehicle; and
B. except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. (66-7-310 NMSA 1978)
12-6-2.4 LIMITATIONS ON OVERTAKING ON THE LEFT. No vehicle shall be driven to the left side of the center of the street in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the street before coming within one hundred feet of any vehicle approaching from the opposite direction. (66-7-312 NMSA 1978)
12-6-2.5 FURTHER LIMITATIONS ON DRIVING ON LEFT OF CENTER OF STREET.
A. No vehicle shall at any time be driven to the left side of the street under the following conditions:
1. when approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;
2. when approaching within one hundred feet of or traversing any intersection or railroad grade crossing; or
3. when the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, or tunnel. (66-7-313 NMSA 1978)
B. The foregoing limitations shall not apply:
1. upon a one-way street;
2. under the conditions described in 12-6-2.1A(2); nor
3. to the driver of a vehicle turning left into or from an alley, private road or driveway.
12-6-2.6 WHEN OVERTAKING ON THE RIGHT IS PERMITTED.
A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
1. when the vehicle overtaken is making or about to make a left turn;
2. upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction; or
3. upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the street is free from obstructions and of sufficient width for two or more lines of moving vehicles.
B. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the street. (66-7-311 NMSA 1978)
12-6-2.7 NO PASSING ZONES AND RESTRICTIONS ON PASSING.
A. The administrator may determine those portions of any street or highway under his jurisdiction where overtaking and passing or driving on the left of the street would be especially hazardous and may, by appropriate signs or markings on the street indicate the beginning and end of such zones. When the signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the direction thereof.
B. Where signs or markings are in place to define a no-passing zone as set forth in Subsection A of this section, no driver shall at any time drive on the left side of the street within the no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone throughout its length. This section does not apply under the conditions described in Section 12-6-2.1A(3) or to the driver of a vehicle turning left into or from an alley, private road or driveway. (66-7-315 NMSA 1978)
C. When double yellow lines are painted on a pavement, no driver shall drive any vehicle across the lines except the driver of a vehicle turning left into or from an alley, private road or driveway.
D. No driver shall overtake and pass any other vehicle proceeding in the same direction in a school zone when the school zone signs are in place.
E. Whenever a vehicle is stopped at a marked crosswalk or an unmarked crosswalk at an intersection to permit a pedestrian to cross the street, the driver of the vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
12-6-2.8 AUTHORITY TO DESIGNATE ONE-WAY STREETS AND ALLEYS.
A. The administrator may designate and sign streets and alleys as one-way streets and alleys. The designation shall be made only upon the basis of engineering and traffic investigation.
B. Signs indicating the direction of lawful traffic movement shall be placed at every intersection, where movement of traffic in the opposite direction is prohibited. No regulation as to one-way traffic shall be effective unless signs are in place indicating the direction of the flow of traffic.
C. The administrator shall maintain a schedule of all streets and alleys which have been established as one-way and shall provide copies of the schedule to the police department, municipal clerk, municipal judge and municipal attorney.
12-6-2.9 OBEDIENCE TO SIGNS DESIGNATING ONE-WAY STREETS AND ALLEYS.
A. Upon those streets and parts of streets and in those alleys restricted to movement in one direction, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited.
B. Failure to comply with such signs is a violation of this ordinance.
12-6-2.10 ROTARY TRAFFIC ISLANDS. A vehicle passing around a rotary traffic island shall be driven only to the right of such island. (66-7-316 NMSA 1978)
12-6-2.11 RESTRICTED DIRECTION OF MOVEMENT ON STREETS DURING CERTAIN PERIODS.
A. The administrator may determine and designate streets, parts of streets or specific lanes upon which vehicular traffic shall proceed in one direction during one period of the day and the opposite direction during another period of the day. This designation shall be made only upon the basis of engineering and traffic investigation.
B. Appropriate markings, signs, barriers or other devices shall be placed to give notice of the restricted movement.
C. Signs may be placed temporarily designating lanes to be used by traffic moving in particular direction, regardless of the center line of the street.
12-6-2.12 DRIVING ON STREETS LANED FOR TRAFFIC. Whenever any street has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
A. a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety;
B. upon a street which is divided into three lanes a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the street is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation;
C. official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the street and drivers of vehicles shall obey the directions of every such sign (66-7-317 NMSA 1978); and
D. official traffic-control devices may be installed prohibiting the changing of lanes on sections of streets, and drivers of vehicles shall obey the directions of every such device.
12-6-2.13 FOLLOWING TOO CLOSELY.
A. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
B. The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a street outside of a business or residence district shall not follow another motor truck or motor vehicle drawing another vehicle within three hundred (300) feet, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.
C. Motor vehicles being driven upon any street outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall not follow the preceding vehicle closer than three hundred (300) feet. This provision shall not apply to funeral processions, nor shall it apply within or outside of a business or residence district to motor vehicle escort vehicles of a motor vehicle escort service, which may, if necessary to maintain the continuity of the escorted unit or units, precede or follow at a distance closer than three hundred (300) feet to the escorted unit or units. (66-7-318 NMSA 1978)
12-6-2.14 DRIVING ON DIVIDED STREETS.
A. Whenever any street has been divided into two (2) roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand segment of the divided street (66-7-319 NMSA 1978), unless directed or permitted to use another segment by official traffic-control devices or police officers.
B. No vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection established by public authority. (66-7-319 NMSA 1978)
C. Where recessed cut-outs are provided in dividers to facilitate left turns, all vehicles, except those having a turning radius precluding use of such recessed cut-outs, shall execute a left turn by occupying the recess or cut-out prior to entering the intersection.
12-6-2.15 CONTROLLED ACCESS. No person shall drive a vehicle onto or from any controlled-access street except at such entrances and exits as are established by public authority. (66-7-320 NMSA 1978)
12-6-2.16 RESTRICTIONS ON USE OF CONTROLLED-ACCESS STREETS.
A. No pedestrian, bicycle or other non-motorized traffic shall use any controlled-access street, but notwithstanding this provision, drivers of vehicles using the controlled-access street are not relieved of responsibility for exercising due care.
B. In addition to the provisions of paragraph A, the local governing body may, by ordinance, regulate or prohibit the use of any controlled-access street within its jurisdiction by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic.
C. No driver shall stop a vehicle upon any controlled-access street for the purpose of taking on or discharging passengers, freight or merchandise.
D. The administrator has the authority to erect and maintain official traffic-control devices on the controlled-access street on which the restrictions are applicable, and when such traffic-control devices are in place, no person shall disobey the restrictions stated on the devices. (66-7-321 NMSA 1978)
12-6-3 DESIGNATING STOP AND YIELD INTERSECTIONS.
12-6-3.1 THROUGH STREETS DESIGNATED.
A. The administrator, upon traffic and engineering study and investigation, may designate which streets shall be through streets.
B. A schedule of the through streets shall be prepared by the administrator with copies furnished to the police department, municipal clerk, municipal judge and municipal attorney.
12-6-3.2 AUTHORITY TO ERECT STOP AND YIELD SIGNS AT THROUGH STREETS.
A. Whenever the administrator designates and describes a through street, the city traffic engineer shall place and maintain a stop sign, or on the basis of an engineering and traffic investigation at any intersection a yield sign, on each and every street intersecting the through street unless traffic at any such intersection is controlled at all times by traffic-control signals.
B. However, at the intersection of two through streets or at the intersection of a through street and heavy traffic street not so designated, stop signs shall be erected at the approaches to both of said streets in a manner determined by the administrator upon the basis of an engineering and traffic study.
12-6-3.3 AUTHORITY TO ERECT STOP OR YIELD SIGNS AT OTHER INTERSECTIONS. The administrator may determine and designate intersections other than through streets where particular hazards exist and determine:
A. whether vehicles shall stop at one or more entrances to the intersection, in which event he shall have erected a stop sign at every place where a stop is required; or
B. whether vehicles shall yield the right of way to vehicles on a different street at the intersection, in which event he shall have erected a yield sign at every place where obedience thereto is required.
12-6-4 RIGHT OF WAY.
12-6-4.1 VEHICLE APPROACHING OR ENTERING INTERSECTION.
A. The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different street.
B. When two vehicles enter an intersection from different streets at approximately the same time the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.
C. The right of way rules declared in Subsections A and B are modified at through streets and otherwise as provided in this ordinance. (66-7-328 NMSA 1978)
D. The driver of a vehicle approaching or entering an interstate highway shall yield the right of way to the vehicles on the interstate highway.
12-6-4.2 VEHICLES TURNING LEFT AT INTERSECTION. The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this ordinance, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right of way to the vehicle making the left turn. (66-7-329 NMSA 1978)
12-6-4.3 VEHICLE ENTERING STOP OR YIELD INTERSECTION.
A. Preferential right of way at an intersection may be indicated by stop signs or yield signs as authorized in this ordinance.
B. Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by Section 12-6-4.3(D) and after having stopped shall yield the right of way to any vehicle which has entered the intersection from another street or which is approaching so closely on the street as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.
C. The driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow down to a speed reasonable for the existing conditions, and shall yield the right of way to any vehicle in the intersection or approaching on another street so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If the driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his failure to yield right of way. (66-7-330 NMSA 1978)
D. Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop completely before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting street before entering the intersection.
E. The driver of a vehicle approaching a yield sign, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting street where the driver has a view of approaching traffic on the intersecting street. (66-7-345 NMSA 1978)
12-6-5 TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING.
12-6-5.1 REQUIRED POSITION AND METHOD OF TURNING AT INTERSECTION. The driver of a vehicle intending to turn at an intersection shall do so as follows:
A. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the street.
B. At any intersection where traffic is permitted to move in both directions on each street entering the intersection, an approach for a left turn, except where left-turn provisions are made, shall be made in that portion of the right half of the street nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the street being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
C. Upon a street with two (2) or more lanes for through traffic in each direction, where a center lane has been provided by distinctive pavement markings for the use of vehicles turning left from both directions, no vehicle shall turn left from any other lane. A vehicle shall not be driven in this center lane for the purpose of overtaking or passing another vehicle proceeding in the same direction. Any maneuver other than a left turn from this center lane will be deemed a violation of this section.
D. At any intersection where traffic is restricted to one (1) direction on one (1) or more of the streets, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the street being entered. (66-7-322 NMSA 1978)
E. No person shall drive across any private or public property, including but not limited to parking areas, driveways and service station areas, for the purpose of avoiding any traffic control device or sign.
12-6-5.2 AUTHORITY TO PLACE DEVICES ALTERING NORMAL COURSE FOR TURNS. The administrator may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in Section 12-6-5.1 be traveled by vehicles turning at an intersection, and when markers, buttons or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by the markers, buttons or signs. (66-7-322 NMSA 1978)
12-6-5.3 AUTHORITY TO PLACE RESTRICTED TURN SIGNS.
A. The administrator may determine those intersections at which drivers of vehicles shall not make a right, left or U-turn and shall place proper signs at the intersections.
B. The making of the turns may be prohibited between certain hours of the day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when the turns are permitted.
12-6-5.4 OBEDIENCE TO NO-TURN SIGNS. Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of the sign.
12-6-5.5 LIMITATIONS ON TURNING AROUND. The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless the movement can be made in safety and without interfering with other traffic.
12-6-5.6 TURNING ON CURVE OR CREST OF GRADE PROHIBITED. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within one thousand feet. (66-7-323 NMSA 1978)
12-6-5.7 STARTING PARKED VEHICLE.
A. No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. (66-7-324 NMSA 1978)
B. No person shall move any parked vehicle without giving appropriate signals as prescribed in Sections 12-6-5.8 through 12-6-5.10.
12-6-5.8 TURNING AND STOPPING MOVEMENTS AND REQUIRED SIGNALS.
A. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the street as required in Section 12-6-5.1 or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a street unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.
B. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.
C. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. (66-7-325 NMSA 1978)
D. The signals provided for in this section shall be used to indicate an intention to turn, change lanes or start from a parked position and shall not be flashed on one side only on a parked or disabled car or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear.
12-6-5.9 SIGNALS BY HAND AND ARM OR SIGNAL DEVICE.
A. Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamp or lamps or mechanical signal device except as otherwise provided in Subsection B.
B. Any motor vehicle in use on a street shall be equipped with, and required signal shall be given by, a signal lamp or lamps or mechanical signal device when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles. (66-7-326 NMSA 1978)
12-6-5.10 METHOD OF GIVING HAND AND ARM SIGNALS. All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signal shall indicate as follows:
A. left turn: hand and arm extended horizontally;
B. right turn: hand and arm extended upward; and
C. stop or decrease speed: hand and arm extended downward. (66-7-327 NMSA 1978)
12-6-6 STOPPING, STANDING AND PARKING.
12-6-6.1 STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES.
A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:
1. on a sidewalk;
2. in front of a public or private driveway;
3. within an intersection;
4. within fifteen feet of a fire hydrant;
5. on a crosswalk;
6. within twenty feet of a crosswalk at an intersection;
7. within thirty feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a street;
8. between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the end of a safety zone, unless the traffic authority indicates a different length by signs or markings;
9. within fifty feet of the nearest rail of a railroad crossing;
10. within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance, when properly signposted;
11. alongside or opposite any excavation or obstruction when stopping, standing or parking would obstruct traffic;
12. on the street side of any vehicle stopped or parked at the edge or curb of a street;
13. upon any bridge or other elevated structure upon a street or within a street tunnel;
14. at any place where official signs prohibit stopping (66-7-351 NMSA 1978);
15. on any railroad track;
16. between a curb and sidewalk or between a curb or lateral line of a roadway, and the adjacent property line.; or
17. within any designated fire lane.
B. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. (66-7-351 NMSA 1978)
C. The foregoing provisions may be modified by the administrator or his designated representative upon the basis of an engineering and traffic investigation study by the use of appropriate markings, signs or parking meters.
12-6-6.2 ADDITIONAL PARKING REGULATIONS.
A. Except as otherwise provided in this ordinance every vehicle stopped or parked upon a street where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen inches of the right-hand curb. (66-7-352 NMSA 1978)
B. Except when otherwise provided in this ordinance, every vehicle stopped or parked on a one-way street shall be so stopped or parked parallel to the curb or edge of the street with its right-hand wheels within 18 inches of the right-hand curb or edge of the street or its left-hand wheels within 18 inches of the left-hand curb or edge of the street.
12-6-6.3 STOPPED OR PARKED VEHICLES NOT TO INTERFERE WITH OTHER TRAFFIC. No motor vehicle shall be stopped, parked, or left standing, whether attended or unattended, upon the traveled portion of any street outside of a business or residence district, when it is practicable to stop, park, or leave such vehicle off the traveled portion of the street. In the event that conditions make it impracticable to move such motor vehicle from the traveled portion of the street, the driver shall make every effort to leave all possible width of the highway opposite the standing vehicle for the free passage of other vehicles and he shall take care to provide a clear view of the standing vehicles as far as possible to the front and rear. (66-3-852 NMSA 1978)
12-6-6.4 PARKING IN ALLEYS. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than 10 feet of the width of the alley for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property.
12-6-6.5 ALL-NIGHT PARKING PROHIBITED. No person shall park a vehicle on any street in a non-residential area for a period of time longer than 30 minutes between the hours of 2:00 A.M. and 5:00 A.M. of any day, except physicians on emergency calls.
12-6-6.6 PARKING FOR CERTAIN PURPOSES PROHIBITED. No person shall park a vehicle on any street for the principal purpose of:
A. displaying the vehicle for sale; or
B. washing, greasing or repairing the vehicle except repairs necessitated by an emergency.
12-6-6.7 PARKING ADJACENT TO SCHOOLS PROHIBITED.
A. The administrator may erect signs indicating no parking on either or both sides of any street adjacent to any school property when parking would, in his opinion, interfere with traffic or create a hazardous situation.
B. When official signs are erected indicating no parking on either side of a street adjacent to any school property as authorized in this section, no person shall park a vehicle in any such designated place.
12-6-6.8 PARKING PROHIBITED ON NARROW STREETS.
A. The administrator may erect signs indicating no parking on any street when the width of the street does not exceed 24 feet or no parking upon one side of a street as indicated by such signs when the width of the street does not exceed 32 feet.
B. When official signs prohibiting parking are erected on narrow streets as authorized in this section, no person shall park a vehicle on any such street in violation of the sign.
12-6-6.9 STANDING OR PARKING ON ONE-WAY STREETS.
A. The administrator may erect signs on the left-hand side of any one-way street to prohibit the standing or parking of vehicles.
B. When such signs are in place, no person shall stand or park a vehicle on such left-hand side in violation of any such sign.
12-6-6.10 STANDING OR PARKING ON DIVIDED STREETS.
A. In the event a divided street includes two or more segments for vehicular traffic, and traffic is restricted to one direction on any such segment, no person shall stand or park a vehicle on the left-hand side of the one-way segment unless signs are erected to permit such standing or parking.
B. The administrator may determine where standing or parking may be permitted on the left-hand side of any such one-way portion of a divided street and to erect signs giving notice thereof.
12-6-6.11 NO STOPPING, STANDING OR PARKING NEAR HAZARDOUS OR CONGESTED PLACES.
A. The administrator may determine and designate by proper signs, places at intervals not exceeding 100 feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.
B. When official signs are erected at hazardous or congested places as authorized in paragraph A, no person shall stop, stand or park a vehicle in any such designated place.
12-6-6.12 STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS.
A. The provisions of this section prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device.
B. The provisions of this section imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.
C. The administrator may impose restrictions or prohibitions on standing, stopping or parking and they shall apply as follows:
1. when signs are erected prohibiting parking at all times on certain streets, no person shall park a vehicle at any time upon any of the streets so designated;
2. when signs are erected in each block giving notice that stopping, standing or parking is prohibited during certain hours on certain streets, no person shall stop, stand or park a vehicle between the hours specified on the sign on any day, except Sundays and public holidays, within the district or on any of the streets so designated; or
3. when signs are erected in each block giving notice that parking time is limited on certain streets, no person shall park a vehicle for longer than the time indicated on such signs between the hours of 8:00 A.M. and 6:00 P.M. of any day, except Sundays and public holidays, within the district or on any of the streets so designated.
D. Whenever by this or any other ordinance of this municipality, any parking time limit is imposed or parking is prohibited on designated streets, it is the duty of the administrator to erect appropriate signs giving notice of the restrictions or limitations.
E. No regulation authorized in this section shall be effective unless signs giving notice of prohibitions or limitations are erected and in place at the time of any alleged offense.
12-6-6.13 ANGLE PARKING AND PERMITS FOR LOADING OR UNLOADING AT AN ANGLE TO THE CURB.
A. The administrator may determine upon what streets angle parking is permitted and shall mark or sign such streets:
1. any designation of angle parking shall be made on the basis of engineering and traffic study and investigation;
2. the administrator may permit angle parking on any street, except that angle parking shall not be permitted on any federal-aid or state highway unless the state highway commission has determined by resolution or ordered entered in its minutes that the street is of sufficient width to permit angle parking without interfering with the free movement of traffic; (66-7-352 NMSA 1978)
3. angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive on the left side of the street; and
4. on those streets which have been signed or marked by the administrator for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the street indicated by signs or markings.
B. The administrator may issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of the permit:
1. the permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to the permit holder the privilege stated in the permit and authorized in this ordinance; and
2. no permittee or other person shall violate any of the special terms or conditions of a permit.
12-6-6.14 STOPPING, STANDING OR PARKING OUTSIDE OF BUSINESS OR RESIDENCE DISTRICTS.
A. Upon any street outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the street when it is practicable to stop, park, or leave such vehicle off such part of said street, but in every event an unobstructed width of the street opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of two hundred feet in each direction upon such street.
B. This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a street in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. (66-7-349 NMSA 1978)
12-6-7 SPECIAL STOPS REQUIRED.
12-6-7.1 EMERGING FROM ALLEY, BUILDING, DRIVEWAY OR PRIVATE ROAD.
A. The driver of a vehicle within a business or residence district emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or the sidewalk area extending across any alleyway or driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and upon entering the street shall yield the right of way to all vehicles approaching on said street. (66-7-346 NMSA 1978)
B. The driver of a vehicle about to enter or cross a street from a private road or driveway shall yield the right of way to all vehicles approaching on said street. (66-7-331 NMSA 1978)
12-6-7.2 STOP WHEN TRAFFIC OBSTRUCTED. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed.
12-6-7.3 STOPPING FOR SCHOOL BUS.
A. The driver of a vehicle upon approaching or overtaking from either direction any school bus which has stopped on the street, with special school bus signals in operation, for the purpose of receiving or discharging any school children, shall stop the vehicle at least ten feet before reaching the school bus and shall not proceed until the special school bus signals are turned off, the school bus resumes motion or until signaled by the driver to proceed.
B. Every bus used for the transportation of school children shall bear upon the front and rear thereof a plainly visible sign containing the words "School Bus" in letters not less than eight inches in height.
C. The driver of a vehicle upon a street with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled access street and the school bus is stopped in a loading zone which is a part of or adjacent to such street and where pedestrians are not permitted to cross the roadway. (66-7-347 NMSA 1978)
D. It is unlawful to operate any flashing warning signal light on any school bus on any street except when the school bus is stopped or is about to stop on a street for the purpose of permitting school children to board or alight from the school bus. (66-7-348 NMSA 1978)
12-6-7.4 OPERATION OF VEHICLE ON APPROACH OF AUTHORIZED EMERGENCY VEHICLE; OF ONCOMING VEHICLE--YIELD RIGHT OF WAY.
A. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle, when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the street clear of any intersection and shall stop and remain in that position, until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (66-7-332 NMSA 1978)
B. Upon the immediate approach of an oncoming vehicle overtaking or attempting to overtake a vehicle proceeding in the same direction, the driver of that vehicle shall yield the right of way and shall drive to a position to and as close as possible to the right hand edge or curb of the roadway and shall remain as close as possible to the right hand edge or curb of the roadway until the oncoming vehicle has passed. (66-7-332.1 NMSA 1978)
C. This section shall not operate to relieve the driver of an authorized emergency vehicle or the driver of an oncoming vehicle from the duty to drive with due regard for the safety of all persons using the highway. (66-7-322 and 66-7-322.1 NMSA 1978)
12-6-7.5 OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN.
A. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:
1. a clearly visible electric or mechanical signal device gives warning of the immediate approach of railroad train;
2. a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;
3. a railroad train approaching within approximately one thousand five hundred feet of the street crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or
4. an approaching railroad train is plainly visible and is in hazardous proximity to such crossing.
B. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. (66-7-341 NMSA 1978)
12-6-7.6 ALL VEHICLES MUST STOP AT CERTAIN RAILROAD GRADE CROSSINGS. The administrator, with the approval of the state highway commission, may designate particularly dangerous highway grade crossings of railroads and erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall proceed only upon exercising due care. (66-7-342 NMSA 1978)
12-6-7.7 CERTAIN VEHICLES MUST STOP AT RAILROAD GRADE CROSSINGS--EXCEPTIONS.
A. The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicles carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade of any track or tracks of a railroad, shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks.
B. No stop need be made at any crossing where a police officer or a traffic-control signal directs traffic to proceed.
C. No stop need be made at:
1. a streetcar crossing, or railroad crossing used exclusively for industrial switching purposes within a business district as defined in Section 12-1-8;
2. a railroad grade crossing where a stop-and-go traffic light controls movement of traffic;
3. an abandoned railroad grade crossing which is marked with a sign indicating that the railroad is abandoned; or
4. an industrial or spur line railroad crossing marked with a sign reading "exempt crossing". Such "exempt crossing" signs shall be erected only by or with the consent of the administrator. (66-7-343 NMSA 1978)
12-6-7.8 MOVING HEAVY EQUIPMENT AT RAILROAD GRADE CROSSINGS.
A. No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a street, upon or across any tracks at a railroad grade crossing without first complying with this section.
B. Notice of any such intended crossing shall be given to a station agent of such railroad and a reasonable time be given to such railroad to provide proper protection at such crossing.
C. Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely.
D. No such crossing shall be made when warning is given by automatic signal or crossing gates or flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction.
E. This section shall not apply to the normal movement of farm equipment in the regular course of farm operation. (66-7-344 NMSA 1978)
12-6-8 PASSENGER AND FREIGHT CURB LOADING ZONES.
12-6-8.1 AUTHORITY TO DESIGNATE CURB LOADING ZONES. The administrator may determine the location of passenger and freight curb loading zones, and he shall place and maintain appropriate signs indicating the zones and stating the hours during which the provisions of sections 12-6-8.1 through 12-6-8.4 are applicable.
12-6-8.2 PERMITS FOR CURB LOADING ZONES.
A. The administrator shall not designate or sign any curb loading zone upon special request of any person unless the person makes application for a permit for the zone and for two signs to indicate the ends of each zone.
B. After the administrator has granted a permit and before signs and markings as may be necessary are installed, the applicant shall pay to the city treasurer a service fee of twenty-five dollars ($25) per 22-foot stall plus twenty-five cents ($ .25) per foot for additional space per year or fraction thereof.
C. The administrator may impose conditions and general regulations for the use of the signs and for reimbursement of the city for the value thereof in the event of loss or damage and their return in the event of misuse or upon expiration of permit.
D. Every permit shall expire at the end of each calendar year.
12-6-8.3 STOPPING, STANDING OR PARKING IN PASSENGER CURB LOADING ZONES. No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to the curb loading zone are effective and then only for a period not to exceed ten minutes.
12-6-8.4 STOPPING, STANDING OR PARKING IN FREIGHT CURB LOADING ZONES.
A. No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick-up and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to freight curb loading zones are in effect. In no case shall the stop for loading and unloading of material exceed 30 minutes.
B. The driver of a passenger vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading passengers, when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter the zone.
12-6-9 PUBLIC CARRIER STOPS AND STANDS.
12-6-9.1 AUTHORITY TO DESIGNATE PUBLIC CARRIER STOPS AND STANDS.
A. The administrator may establish bus stops, bus stands, taxicab stands and stands for other passenger common-carrier motor vehicles on such public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public.
B. Every designated bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate signs.
12-6-9.2 FEES AND PERMITS FOR PUBLIC CARRIER STOPS AND STANDS. The following fees shall be charged to each person, firm or corporation for the use of taxicab stands, and permits for the stands shall expire at the end of each calendar year:
A. one hundred dollars ($100.00) per year or fraction thereof for each stand located within the central business district; and
B. twenty-five dollars ($25.00) per year or fraction thereof for each stall located in any area outside the central business district.
12-6-9.3 STOPPING, STANDING AND PARKING OF BUSES AND TAXICABS REGULATED. The stopping, standing and parking of buses and taxicabs is regulated as follows:
A. The operator of a bus shall not stand or park the vehicle on any street at any place other than a bus stand so designated as provided in this ordinance.
B. The operator of a bus shall not stop the vehicle on any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone so designated as provided herein, except in cases of emergency.
C. The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a public street in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of the vehicle not farther than 18 inches from the curb and the bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic.
D. The operator of a taxicab shall not stand or park the vehicle upon any street at any place other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.
12-6-9.4 RESTRICTED USE OF BUS AND TAXICAB STANDS.
A. No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed.
B. However, the driver of a passenger vehicle may temporarily stop in a bus stop or taxicab stand for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.
12-6-10 SCHOOL CROSSINGS.
A. Crosswalks may be established over streets abutting a school or the grounds adjacent thereto, and all children crossing the streets shall be required to do so within the marked crosswalks. The administrator, with advice of the local superintendent of schools, shall establish and mark, or cause to be marked, these street crossings.
B. Crosswalks over streets not abutting on school grounds may be established by the administrator, with advice of the local superintendent of schools and after adequate assurance has been given that proper safety precautions, pursuant to regulations of the administrator, will be maintained at the crossings by the school authorities to enforce their use by children.
C. At all school crossings except as provided in this section, appropriate signs shall be provided as prescribed by the administrator indicating the crossings and regulating traffic movement within the school zones.
D. School crossings are not required to be specifically posted when they are located:
1. at a signalized intersection;
2. at an intersection where traffic is controlled by a stop sign; or
3. at a point where a pedestrian tunnel or overhead crossing is provided. (66-7-336 NMSA 1978)
12-6-11 EXCESSIVE SIZE AND WEIGHT, SLOW-MOVING AND HAZARDOUS VEHICLES.
12-6-11.1 PERMIT FOR EXCESSIVE SIZE AND WEIGHT ---SPECIAL NOTIFICATION REQUIRED ON MOVEMENT OF MANUFACTURED HOMES.
A. The department and local highway authorities may, in their discretion, upon application in writing and good cause being shown, issue a special permit in writing authorizing the applicant to operate or move a vehicle or load of a size or weight exceeding the maximum specified in Sections 66-7-401 through 66-7-416 NMSA 1978 on any highway under the jurisdiction of the state highway commission or local authorities. Except for the movement of manufactured homes, a permit may be granted, in cases of emergency, for the transportation of loads on a certain unit or combination of equipment for a specified period of time not to exceed one year, and the permit shall contain the route to be traversed, the type of load to be transported and any other restrictions or conditions deemed necessary by the body granting the permit. In every other case, the permit shall be issued for a single trip and may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the body granting the permit. Every permit shall be carried in the vehicle to which it refers and shall be opened for inspection by any peace officer. It is a misdemeanor for any person to violate any of the conditions or terms of the special permit.
B. The department shall charge and collect, when the movement consists of any load of a width of twenty feet or greater for a distance of five miles or more, the sum of three hundred dollars ($300) a day or fraction thereof to defray the cost of state or local police escort. The permit issued and the fee charged shall be based upon the entire movement at one time requiring police escort and not upon the number of vehicles involved.
C. The department shall promulgate regulations in accordance with the State Rules Act pertaining to safety practices, liability insurance and equipment for escort vehicles provided by the motor carrier himself and for escort vehicles provided by a private business in this state.
1. If a motor carrier provides his own escort vehicles and personnel, the department shall not charge an escort fee but shall provide the motor carrier escort personnel with a copy of applicable regulations and shall inspect the escort vehicles for the safety equipment required by the regulations. If the escort vehicles and personnel meet the requirements set forth in the regulations and if the motor carrier holds a valid certificate of public convenience and necessity or permit, as applicable, issued pursuant to Chapter 65, Article 2 NMSA 1978, the department shall issue the special permit.
2. If the escort service is a private business, the business shall have applied to the state corporation commission for and been issued a permit or certificate to operate as a contract or common motor carrier pursuant to Chapter 65, Article 2 NMSA 1978. The state corporation commission shall supply copies of applicable regulations to the business by mail and shall supply additional copies upon request. If the escort vehicles and personnel meet the requirements set forth in the regulations and if the escort service holds a certificate, the special permit shall be issued and the department shall not charge an escort fee.
3. The movement of vehicles upon the highways of this state requiring a special permit and required to use an escort of the type noted in Paragraphs (1) and (2) of this subsection is subject to department authority and inspection at all times.
4. The state highway and transportation department shall conduct engineering investigations and engineering inspections to determine which four-lane highways are safe for the operation or movement of manufactured homes without an escort. After making that determination, the state highway and transportation department shall hold public hearings in the area of the state affected by the determination, after which it may If any portion of such a four-lane highway lies within the boundaries of a municipality, the state highway and transportation department, after obtaining the approval of the municipal governing body, shall include such portions in its regulations.
D. Except for the movement of manufactured homes, special permits may be issued for a single vehicle or combination of vehicles by the department for a period not to exceed one year for a fee of sixty dollars ($60). The permits may allow excessive height, length and width for a vehicle or combination of vehicles or load thereon and may include a provision for excessive weight if the operation is to be within the vicinity of a municipality.
E. Special permits for a single trip for a vehicle or combination of vehicles or load thereon of excessive weight, width, length and height may be issued for a single vehicle for a fee of fifteen dollars ($15).
F. If the vehicle for which a permit is issued under this section is a manufactured home, the department or local highway authority issuing the permit shall furnish the following information to the property tax division, which shall forward the information:
1. to the county assessor of any county from which a manufactured home is being moved, the date the permit was issued, the location being moved from , the location being moved to if within the same county, the name of the owner of the manufactured home and the identification and registration numbers of the manufactured home; and
2. to the county assessor of any county in this state to which a manufactured home is being moved, the date the permit was issued, the location being moved from, the location being moved to, the name of the owner of the manufactured home and the registration and identification numbers of the manufactured home; and
3. to the owner of a manufactured home having a destination in this state, notification that the information required in Paragraphs (1) and (2) of this subsection is being given to the respective county assessors and that manufactured homes are subject to property tax.
G. Except as provided in Subsection H of this section, if the movement of a manufactured home originates in this state, no permit shall be issued under Subsection F of this section until the owner of the manufactured home or his authorized agent obtains and presents to the department proof that a certificate has been issued by the county assessor or treasurer of the county in which the manufactured home movement originates showing that either:
1. all property taxes due or to become due on the manufactured home for the current tax year or any past tax years have been paid, except for manufactured homes located on an Indian reservation; or
2. no liability for property taxes on the manufactured home exists for the current tax year or any past tax years, except for manufactured homes located on an Indian reservation.
H. The movement of a manufactured home from the lot or business location of a manufactured home dealer to its destination designated by an owner-purchaser is not subject to the requirements of Subsection G of this section if the manufactured home movement originates from the lot or business location of the dealer and the manufactured home was part of his inventory prior to the sale to the owner-purchaser; however, the movement of a manufactured home by a dealer or his authorized agent as a result of a sale or trade-in from a nondealer-owner is subject to the requirements of Subsection G of this section whether the destination is the business location of a dealer or some other destination.
I. No permit shall be issued under this section for movement of a manufactured home whose width exceeds eighteen feet with no more than a six-inch roof overhang on the left side or twelve inches on the right side in addition to the eighteen-foot width of the manufactured home. Manufactured homes exceeding the limitations of this section shall only be moved on dollies placed on the front and the rear of the structure.
J. The secretary may by regulation provide for movers of manufactured homes to self-issue permits for certain sizes of manufactured homes over specific routes; however, in no case may the cost of each permit be less than fifteen dollars ($15.00).
K. The secretary may provide by regulation for dealers of implements of husbandry to self-issue permits for the movement of certain sizes of implements of husbandry from the lot or business location of the dealer over specific routes with specific escort requirements, if necessary, to a destination designated by an owner-purchaser or for purposes of a working demonstration on the property of a proposed owner-purchaser. The department shall charge a fee for each self-issued permit not to exceed fifteen dollars ($15.00).
L. Any private motor carrier requesting an oversize or overweight permit shall provide proof of insurance in at least the following amounts:
1. bodily injury liability, providing;
a. fifty thousand dollars ($50,000) for each person; and
b. one hundred thousand dollars ($100,000) for each accident; and
2. property damage liability, providing twenty-five thousand dollars ($25,000) for each accident.
M. Any common motor carrier requesting an oversize permit shall produce a copy of a form "e" or other acceptable evidence that the common motor carrier maintains the insurance minimums prescribed by the state corporation commission. (66-7-413 NMSA 1978)
N. Farm carriers, as defined in Sections 65-2-82 and 65-1-116 NMSA 1978, may transport loads up to twelve feet in width on highways that are not national network highways without acquiring permits or escorts only if the load consists of hay tied in bales over five feet in either length or width and the load is not transported for any distance greater than fifty miles; provided that the farm carriers display a sign across the front and rear stating "WIDE LOAD" in large visible letters. (66-7-413.1 NMSA 1978)
O. No permit or fee required under this section is necessary for implements of husbandry, including farm tractors and farm trailers when not more than two such farm trailers are towed in tandem, being moved during daylight hours within a county or an adjacent county for a total distance, one way, of not more than fifty miles on any highway:
1. crossing the farm property of the owner; or
2. running between separate farm property of the owner. Any person responsible for the movement of implements of husbandry under the provisions of this section shall comply with all safety precautions set forth in this ordinance and in regulations of the state highway commission. (66-7-414 NMSA 1978)
12-6-11.2 SLOW-MOVING VEHICLE IDENTIFICATION.
A. As used in this section, "slow-moving vehicle" means any vehicle which is ordinarily moved, operated or driven at a speed less than twenty-five miles an hour.
B. Each slow-moving vehicle moved, operated or driven on a highway which is open for vehicular travel shall display a slow-moving vehicle emblem or flashing amber light as required by Section 66-3-887 NMSA 1978.
C. Use of the emblem is confined to slow-moving vehicles, and its use on any other type of vehicle or on any stationary object is prohibited. This section does not prohibit the use on slow-moving vehicles of red flags or lawful lighting devices in addition to the slow-moving vehicle emblem.
D. No person shall sell, lease, rent or operate any slow-moving vehicle unless the slow-moving vehicle is equipped with a slow-moving vehicle emblem. (66-3-887 NMSA 1978)
12-6-11.3 ESCORT TO BE FURNISHED FOR MOVEMENT OF HAZARDOUS VEHICLES.
A. When, in the judgment of the administrator, the movement of any vehicle is deemed a hazard to traffic upon a street over which the vehicle is to travel, the granting of permission for the movement thereof may be conditioned upon a special escort accompanying the hazardous vehicle.
B. The special police car escort to safeguard traffic during the movement of the hazardous vehicle shall conform to the provisions of Section 66-7-314 NMSA 1978. (66-7-314 NMSA 1978)
12-6-12 DRIVING REGULATIONS AND OFFENSES.
12-6-12.1 OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; CHEMICAL TESTING; OFFICER TO FILE STATEMENT; IMMEDIATE LICENSE REVOCATION.
A. It is unlawful for any person who is under the influence of intoxicating liquor to drive any vehicle within this municipality.
B. It is unlawful for any person who has an alcohol concentration of eight one-hundredths or more in his blood or breath to drive any vehicle within this municipality.
C. It is unlawful for any person who is under the influence of any drug to a degree which renders him incapable of safely driving a vehicle to drive any vehicle within this municipality. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state is not a defense against the charge.
D. Aggravated driving while under the influence of intoxicating liquor or drugs consists of a person who:
1. had an alcohol concentration of sixteen one-hundredths or more in his blood or breath while driving any vehicle within this municipality;
2. has caused bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence of intoxicating liquor or drugs; or
3. refused to submit to chemical testing, as provided for in the Implied Consent Act (66-8-105 to 66-8-112 NMSA 1978), and in the judgment of the court, based upon evidence of intoxication presented to the court, the person was under the influence of intoxicating liquor or drugs. (668-102 NMSA 1978).
E. Any person who operates a motor vehicle within this municipality shall be deemed to have given consent, subject to the provisions of the Implied Consent Act, to chemical tests of his breath or blood or both, approved by the scientific laboratory division of the Department of Health pursuant to the provision of Section 24-1-22 NMSA 1978 as determined by a law enforcement officer, or for the purpose of determining the drug or alcoholic content of his blood, if arrested for any offense arising out of the acts alleged to have been committed while the person was driving a motor vehicle while under the influence of an intoxicating liquor or any drug.
F. A test of blood or breath or both, approved by the scientific laboratory division of the department of health pursuant to Section 24-1-22 NMSA 1978, shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle within this municipality, while under the influence of intoxicating liquor or drug. (66-8-107 NMSA 1978)
G. Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by Section 12-6-12.1D, and the test or tests designated by the law enforcement officer may be administered. (66-8-108 NMSA 1978)
H. Only the persons authorized by Section 66-8-103 NMSA 1978 shall withdraw blood from any person for the purpose of determining its drug or alcoholic content. This limitation does not apply to the taking of samples of breath.
I. The person tested shall be advised by the law enforcement officer of the person's right to be given an opportunity to arrange for a physician, licensed professional or practical nurse, or laboratory technician or technologist who is employed by a hospital or physician, of his own choosing to perform a chemical test in addition to any test performed at the direction of a law enforcement officer.
J. Upon the request of the person tested, full information concerning the test or tests performed at the direction of the law enforcement officer shall be made available to him as soon as it is available from the person performing the test.
K. The law enforcement agency represented by the law enforcement officer at whose direction the chemical test is performed shall pay for the chemical test.
L. If a person exercises his right under Subsection I to have a chemical test performed upon him by a person of his own choosing, then the cost of that test shall be paid by the law enforcement agency represented by the law enforcement officer at whose direction a chemical test was administered under Subsection E. (66-8-109 NMSA 1978)
M. The results of a test performed pursuant to the Implied Consent Act may be introduced into evidence in any civil action or criminal action arising out of the acts alleged to have been committed by the person tested for driving a motor vehicle while under the influence of intoxicating liquor or drug.
N. When the blood or breath of the person tested contains:
1. an alcohol concentration of five one-hundredths or less, it shall be presumed that the person was not under the influence of intoxicating liquor;
2. an alcohol concentration of more than five one-hundredths but less than eight one-hundredths, no presumption shall be made that the person either was or was not under the influence of intoxicating liquor. However, the amount of alcohol in the person's blood may be considered with other competent evidence in determining whether or not the person was under the influence of intoxicating liquor; or
3. an alcohol concentration of eight one-hundredths or more, the arresting officer shall charge him with a violation of this section.
O. The determination of alcohol concentration shall be based on the grams of alcohol in one hundred milliliters of blood or the grams of alcohol in two hundred ten liters of breath.
P. The presumptions in Subsection N of this section do not limit the introduction of other competent evidence concerning whether or not a person was under the influence of intoxicating liquor. (66-8-110 NMSA 1978)
Q. Nothing in this section is intended to authorize any police officer, or any judicial or probation officer, to make any arrest or to direct the performance of a blood-alcohol test, except in the performance of his official duties and as otherwise authorized by law. (66-8-104 NMSA 1978)
R. If a person under arrest for violation of an offense enumerated in the Motor Vehicle Code refuses upon request of a law enforcement officer to submit to chemical tests designated by the law enforcement agency as provided in Section 12-6-12.1 E and F, none shall be administered, except when a municipal judge, magistrate or district judge issues a search warrant authorizing chemical tests as provided in Section 12-6-12.1 E and F, upon his finding in a law enforcement officer's written affidavit that there is probable cause to believe that the person has driven a motor vehicle while under the influence of intoxicating alcohol or drug thereby causing the death or great bodily injury of another person, or there is probable cause to believe that the person has committed a felony while under the influence of intoxicating alcohol or drug and that chemical tests as provided in Section 12-6-12.1 E and F will produce material evidence in a felony prosecution. (66-8-111 NMSA 1978)
S. If a law enforcement officer has reasonable grounds to believe that a person arrested for violation of Subsections A, B, C or D of this section had been driving a motor vehicle within this municipality while under the influence of intoxicating liquor or drug and that upon his request, the person refused to submit to a chemical test, after being advised that failure to submit could result in revocation of his privilege to drive, then the law enforcement officer shall transmit to the director a statement signed under penalty of perjury stating what such reasonable grounds were and stating that the person refused to submit to a chemical test after being advised of the consequences of such refusal.
T. On behalf of the director, a law enforcement officer requesting a chemical test or directing the administration of a chemical test pursuant to Section 12-6-12.1 E and F shall serve immediate written notice of revocation and of right to a hearing on a person who refuses to permit chemical testing or on a person who submits to a chemical test the results of which indicate an alcohol concentration of eight one-hundredths or more in the person's blood or breath if the person is twenty-one years of age or older or an alcohol concentration of two one-hundredths or more in the person's blood or breath if the person is less than twenty-one years of age. Upon serving notice of revocation, the law enforcement officer shall take the license or permit of the driver, if any, and issue a temporary license valid for twenty days or, if the driver requests a hearing pursuant to Section 66-8-112 NMSA 1978, valid until the date the department issues the order following that hearing; provided that no temporary license shall be issued to a driver without a valid license or permit. The law-enforcement officer shall send the person's driver's license to the director along with the signed statement required pursuant to Subsection S of this section. (66-8-111.1 NMSA 1978)
12-6-12.2 OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PENALTIES; SENTENCING; FEES.
A. If a person is convicted of driving a motor vehicle while under the influence of intoxicating liquor or drug (12-6-12.1A through D) the trial judge shall be required to inquire into the past driving record of the person before sentence is entered in the matter. (66-8-110 NMSA 1978)
B. When a person is charged with a violation of 12-6-12.1A through D, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to violation 12-6-12.1A, B, C or D and no other disposition by plea of guilty to any other charge in satisfaction of such charge shall be authorized if:
1. the results of a test performed pursuant to the Implied Consent Act discloses that the blood of the person charged contains an alcohol concentration of eight one-hundredths or more; (66-8-102 NMSA 1978 as amended)
2. four one-hundredths or more if the person is driving a commercial vehicle; or
3. the defendant has refused to submit to a chemical test or tests of his breath or blood.(66-8-102 NMSA 1978)
C. A person under first conviction pursuant to this section shall be punished by imprisonment for not more than ninety days or by a fine of not more than nine hundred ninety-nine dollars ($999.00), or both; provided that if the sentence is suspended in whole or in part or deferred, the period of probation may extend beyond ninety days but shall not exceed one year. Upon a first conviction pursuant to this section, an offender may be sentenced to not less that twenty-four hours and not more than forty-eight hours of community service. In addition, the offender may be required to pay a fine of three hundred dollars ($300.00). The offender shall be ordered by the court to participate in and complete a screening program described in Subsection F of this section and to attend a driver rehabilitation program for alcohol or drugs, also known as a "DWI school," approved by the traffic safety bureau of the state transportation department and also may be required to participate in other rehabilitative services as the court shall determine to be necessary. In addition to those penalties, when an offender commits aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty-eight consecutive hours in jail. If an offender fails to complete, within a time specified by the court, any community service, screening program, treatment program or DWI school ordered by the court or fails to comply with any other condition of parole, the offender shall be sentenced to not less than an additional forty-eight consecutive hours in jail. Any jail sentence imposed pursuant to this section for failure to complete, within a time specified by the court, any community service, screening program, treatment program or DWI school ordered by the court or for aggravated driving while under the influence of intoxicating liquor or drugs shall not be suspended, deferred or taken under advisement. On a first conviction pursuant to this section, time spent in jail for the offense prior to the conviction for that offense shall be credited to any to any term of imprisonment fixed by the court. A deferred sentence pursuant to this subsection shall be considered a first conviction for the purpose of determining subsequent convictions.
D. A second or third conviction pursuant to this section shall be punished by imprisonment for not more than one hundred seventy-nine days or by a fine of not more than nine hundred ninety-nine dollars ($999.00), or both; provided that if the sentence is suspended in whole or part, the period of probation may extend beyond one hundred seventy-nine days but shall not exceed one year. Notwithstanding any provision of law to the contrary for suspension or deferment of execution of a sentence:
1. upon a second conviction, each offender shall be sentenced to a jail term of not less than ninety-six consecutive hours, forty-eight hours of community service and a fine of five hundred dollars ($500.00). In addition to those penalties, when an offender commits aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than ninety-six consecutive hours. If an offender fails to complete, within a time specified by the court, any community service, screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional seven consecutive days in jail. A penalty imposed pursuant to this paragraph shall not be suspended or deferred or taken under advisement; and
2. upon a third conviction, an offender shall be sentenced to a jail term of not less than thirty consecutive days, ninety-six hours of community service and a fine of nine hundred ninety-nine dollars ($999.00). In addition to those penalties, when an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than sixty consecutive days. If an offender fails to complete, within a time specified by the court, any community service, screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional sixty consecutive days in jail. A penalty imposed pursuant to this paragraph shall not be suspended or deferred or taken under advisement.
E. Fourth and subsequent offenses shall be prosecuted under state law in magistrate or district court. (66-8-102 NMSA 1978)
F. Upon any conviction pursuant to this section, an offender shall be required to participate in and complete, with a time specified by the court, an alcohol or drug abuse screening program approved by the Department of Finance and Administration and if necessary, a treatment program approved by the court.
The requirement imposed pursuant to this subsection shall not be suspended, deferred or taken under advisement.
G. Upon a second or third conviction pursuant to this section, an offender shall be required to participate in and complete, within a time specified by the court:
(1) not less than a twenty-eight-day inpatient, residential or incustody substance abuse program approved by the court;
(2) not less than a ninety-day outpatient treatment program approved by the court;
(3) a drug court program approved by the court; or
(4) any other substance abuse treatment approved by the court.
The requirement imposed pursuant to this section shall not be suspended, deferred or taken under advisement. (66-8-102 NMSA 1978)
H. Upon a conviction pursuant to section 12-6-12.1, an offender shall be required to obtain an ignition interlock license and have an ignition interlock device installed and operating on all motor vehicles driven by the offender, pursuant to rules adopted by the Traffic Safety Bureau of the Department of Transportation. Unless determined by the sentencing court to be indigent, the offender shall pay all costs associated with having an ignition interlock device installed on the appropriate motor vehicles. The offender shall operate only those vehicles equipped with ignition interlock devices for:
(1) a period of one year, for a first offender;
(2) a period of two years, for a second conviction pursuant to this section;
(3) a period of three years, for a third conviction pursuant to this section; or
(4) the remainder of the offender’s live, for a fourth or subsequent conviction pursuant to this section.
I. Five years from the date of conviction and every five years thereafter, a fourth or subsequent offender may apply to a district court for removal of the ignition interlock device requirement provided in this section and for restoration of a driver’s licence. A district court may, for good cause shown, remove the ignition interlock device requirement and order restoration of the license; provided that the offender has not been subsequently convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs. Good cause may include an alcohol screening and proof from the interlock vendor that the person has not had violations of the interlock device. (66-8-102 NMSA 1978)
J. Except as otherwise prohibited in this section, a municipal judge may suspend in whole or in part the execution of sentence or place the defendant on probation for a period not exceeding one year on terms and conditions that municipal judge deems best, or both, or defer sentence. If the municipal judge decides to defer the execution of a sentence, such deferral shall be granted only as allowed in Subsection K of this section. A suspension of execution of sentence or probation, or both, as allowed pursuant to this section, shall be granted only when the municipal judge is satisfied it will serve the ends of justice and of the public, and that the defendant’s liability for any fine or other punishment imposed if fully discharged upon successful completion of the terms and conditions of probation.
K. If a person is convicted of driving a motor vehicle while under the influence of intoxication liquor or drugs in violation of 12-6-12.1A, B, C or D, a first offender, at the discretion of a trial court after a presentence investigation, including an inquiry to the motor vehicle division of the transportation department concerning the driver’s driving record, may receive a deferred sentence on the condition that the driver attend a driver rehabilitation program, also known as the “driving-while-intoxicated-school,” approved by the court and the division and such other rehabilitative services as the court may determine to be necessary; however, imposition of a deferred sentence shall classify the person as a first offender. The municipal court shall forward to the division the abstract of all proceedings and the report of the disposition of the case. For the purpose of this subsection, marijuana, as defined in the Controlled Substance Act, shall be classified as a drug. (*)
L. A person convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs in violation of 12-6-12.1A, B, C or D shall be assessed, in addition to any other fee or fine, a fee of sixty-five dollars ($65.00) to defray the cost of chemical and other tests used to determine the influence of alcohol or drugs. Additionally, the person shall be assessed a fee of seventy-five dollars ($75.00) to fund comprehensive community programs for the prevention of driving while under the influence of intoxicating liquor or drugs or for other traffic safety purposes. The municipal court shall collect the fees and maintain the fees in separate funds and transfer the fees along with other funds collected by the court per 35-14-7 NMSA 1978. The municipality shall maintain the fees pursuant to this subsection in separate funds and transfer the fees collected pursuant to this subsection to the administrative office of the courts for credit to the crime laboratory fund and the traffic safety fund. (31-12-7 through 31-12-9 NMSA 1978)
M. With respect to this section and notwithstanding any provision of law to the contrary, if an offender’s sentence was suspended or deferred in whole or in part and the offender violates any condition of probation, the court may impose any sentence that the court could have originally imposed and credit shall not be given for time served by the offender on probation. (66-8-102 NMSA 1978)
N. As used in this section and in 12-6-12.1:
(1) “bodily injury “ means an injury to a person not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the person’s body; and
(2) “conviction” means adjudication of guilt and does not include imposition of a sentence.
(3) “commercial motor vehicle” means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
(‘a) has a gross combination weight rating of more than twenty-six thousand pounds inclusive of
A towed unit with a gross vehicle weight rafting of more than ten thousand pounds;
(‘b) has a gross vehicle weight rating of more than twenty-six thousand pounds;
12-6-12.3 RECKLESS DRIVING.
A. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property is guilty of reckless driving.
B. Every person convicted of reckless driving shall be punished:
1. Upon a first conviction by imprisonment for not less than five days nor more than ninety days, or by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00), or both; and
2. On a second or subsequent conviction by imprisonment for not less than ten days nor more than ninety days, or by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or both. (66-8-113 NMSA, 1978)
12-6-12.4 CARELESS DRIVING.
A. Any person operating a vehicle on the street shall give his full time and entire attention to the operation of the vehicle.
B. Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of careless driving. (66-8-114 NMSA 1978)
12-6-12.5 OPERATORS AND CHAUFFEURS MUST BE LICENSED.
A. Except those expressly exempted by Section 66-5-4 NMSA 1978, no person shall drive any motor vehicle or moped upon a street in this municipality unless he holds a valid license issued under the provisions of the New Mexico Vehicle Code.
B. Any person licensed under the provisions of the New Mexico Motor Vehicle Code, or expressly exempted from licensure, may exercise the privilege granted upon all streets and highways in this municipality. (66-5-2 NMSA 1978)
C. No person, whether a resident or non-resident of the State of New Mexico, shall operate a motor vehicle or moped upon a street in this municipality in violation of any restrictions with respect to the type of, or special mechanical devices required on, a motor vehicle which the licensee may operate or any other restrictions applicable to the licensee.
D. Every licensee shall have his driver's license in his immediate possession at all times when operating a motor vehicle or moped, and shall display the same upon demand of a magistrate or police officer. However, no person charged with violating this section shall be convicted if he produces in court a driver's license theretofore issued to him and valid at the time of his arrest. (66-5-16 NMSA 1978)
12-6-12.6 UNLAWFUL USE OF LICENSE; DRIVING WHEN PRIVILEGE TO DO SO HAS BEEN SUSPENDED OR REVOKED.
A. No person shall:
1. display or cause or permit to be displayed or have in his possession any cancelled, revoked or suspended driver's license or permit;
2. lend his driver's license or permit to any other person or knowingly permit the use thereof by another;
3. display or represent as one's own any driver's license or permit not issued to him;
4. fail or refuse to surrender to the court upon its lawful demand any driver's license or permit which has been suspended, revoked or cancelled;
5. permit any unlawful use of driver's license or permit issued to him; (66-5-37 NMSA 1978)
6. drive a motor vehicle on any public street or highway at a time when his privilege to do so is suspended or revoked and who knows or should have known that his license was supended or revoked. Upon conviction, the person shall be punished by imprisonment for not less than four days nor more than ninety days or participation for an equivalent period of time in a certified alternative sentencing program, and there may be imposed in addition a fine of not more than five hundred dollars ($500.00). When a person pays any or all of the cost of participating in a certified alternative sentencing program, the court may apply that payment as a deduction to any fine imposed by the court. Notwithstanding any other provision of law for suspension or deferment of execution of sentence, if the person's privilege to drive was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act, upon conviction under this section, that person shall be punished by imprisonment for not less than seven consecutive days and shall be fined not less than three hundred dollars ($300.00) or not more than five hundred dollars ($500.00) and the fine and imprisonment shall not be suspended, deferred or taken under advisement. No other disposition by plea of guilty to any other charge in satisfaction of a charge under this section shall be authorized if the person's privilege to drive was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act. (66-5-39 NMSA 1978)
B. In addition to any other penalties imposed pursuant to the provisions of this section a person is convicted pursuant to the provisions of this section, the motor vehicle the person was driving shall be immobilized by an immobilization device for thirty days, unless immobilization of the motor vehicle poses an imminent danger to the health, safety or employment of the convicted person's immediate family or the family of the owner of the motor veicle. The convicted person shall bear the cost of immobilizing the motor vehicle.
12-6-12.7 FLEEING OR ATTEMPTING TO ELUDE A POLICE OFFICER. No driver of a motor vehicle shall willfully fail or refuse to bring his vehicle to a stop, or otherwise flee or attempt to elude a pursuing police vehicle, when given visual or audible signal to bring the vehicle to a stop.
A. The signal given by the police officer may be by hand, voice, emergency light or siren.
B. The officer giving the signal shall be in uniform, prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle.
12-6-12.8 UNATTENDED MOTOR VEHICLE. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key, and effectively setting the brake, or placing the transmission in parking position, thereon and, when standing upon any grade, turning the front wheels in such a manner that the vehicle will be held by the curb or will leave the street if the brake fails. (66-7-353 NMSA 1978)
12-6-12.9 LIMITATIONS ON BACKING.
A. The driver of a vehicle shall not back it:
1. unless the movement can be made with reasonable safety and without interfering with other traffic;
2. upon any shoulder or roadway of any controlled-access street, or upon the exit or entry road of any controlled-access street; (66-7-354 NMSA 1978)
3. into an intersection or around a corner unless preceded by an observer to safely direct the movement; or
4. from a private driveway into any street unless the movement can be made with safety and without interfering with other traffic on the street.
B. In no case shall a vehicle be backed more than 60 feet unless preceded by an observer to safely direct the movement.
12-6-12.10 OBSTRUCTION TO DRIVER'S VIEW OR DRIVING MECHANISM.
A. No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
B. No passenger in a vehicle shall ride in such position as to interfere with drivers's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. (66-7-357 NMSA 1978)
12-6-12.11 RESTRICTION ON USE OF TELEVISION IN MOTOR VEHICLES. It is unlawful to operate in this municipality any motor vehicle equipped with a television screen, of whatever type, upon which images may be projected or shown, if the screen is within the normal view of the driver of the motor vehicle unless the television is solely used as an aid to the driver in the operation of the vehicle. As used in this section "television screen" does not include closed circuit monitors or computer terminal monitors used by law enforcement agencies in law enforcement motor vehicles. (66-7-358 NMSA 1978)
12-6-12.12 COASTING PROHIBITED. The driver of any motor vehicle when traveling upon a down grade shall not coast with the clutch disengaged. (66-7-360 NMSA 1978)
12-6-12.13 FOLLOWING FIRE APPARATUS PROHIBITED. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet, or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. (66-7-361 NMSA 1978)
12-6-12.14 CROSSING FIRE HOSE. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or private driveway, without the consent of the fire department official in command. (66-7-362 NMSA 1978)
12-6-12.15 DRIVING THROUGH SAFETY ZONES PROHIBITED. No vehicle shall at any time be driven through or within a safety zone. (66-7-361 NMSA 1978)
12-6-12.16 VEHICLES SHALL BE DRIVEN ONLY ON STREETS, PRIVATE ROADS AND DRIVEWAYS. No driver of a vehicle shall operate or be in control of a vehicle on other than the portions of streets improved, designed and ordinarily used for vehicular traffic, private roads, driveways or alleys in this municipality, except as otherwise provided by this ordinance or as otherwise authorized or designated by the administrator or his designated representative.
12-6-12.17 DRIVING ON SIDEWALK AND PRIVATE PROPERTY.
A. No person shall drive any vehicle on, or across a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
B. No person shall drive on private property, except upon a permanent or authorized temporary driveway or parking area, without the express authorization of the owner, lessee or other person authorized by the owner to control the use of the private property.
12-6-12.18 PROHIBITED ACTIVITIES WHILE DRIVING. No person shall:
A. drive a vehicle while engaged in any activity which interferes with the safe operation of the vehicle;
B. drive while having in his lap any person, adult or minor, or any animal;
C. drive while seated in the lap of another person while the vehicle is in motion;
D. drive a vehicle while having either arm around another person; or
E. operate a motor vehicle's equipment, including but not limited to the vehicle horn or lights, in such manner as to distract other motorists on the public way or in such a manner as to disturb the peace.
12-6-12.19 RACING ON STREETS.
A. Unless written permission setting out pertinent conditions is obtained from the Marshall of the municipal police, and then only in accordance with such conditions, no person shall drive a vehicle on a street in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, whether or not the speed is in excess of the maximum speed prescribed by law, and no person shall in any manner participate in any such race, dragrace, competition, contest, test or exhibition.
B. As used in this section:
1. "drag race" means the operation of two (2) or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one (1) or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit; and
2. "race" means the use of one (1) or more vehicles in a manner to outgain or outdistance another vehicle, prevent another vehicle from passing, arrive at a given destination ahead of another vehicle or test the physical stamina or endurance of drivers over long-distance routes. (66-8-115 NMSA 1978)
3. "exhibition driving" consists of intentionally fish-tailing, peeling-out, losing traction, and burning of rubber.
12-6-12.20 PROCESSIONS.
A. This provision shall not apply at intersections where traffic is controlled by police officers.
B. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the street as practicable and shall follow the vehicle ahead as closely as is practicable and safe.
C. A funeral composed of a procession of vehicles shall be identified by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the traffic division.
D. No funeral, procession or parade containing 200 or more persons or 50 or more vehicles, except the Armed Forces of the United States, the military forces of this state and the forces of the police and fire departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the Marshall and such other regulations as are set forth herein which may apply.
12-6-12.21 DRIVER TO TAKE PRECAUTIONS APPROACHING THE BLIND.
A. The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color, with or with out a red tip, or using a guide dog shall take all necessary precautions to avoid injury to the blind pedestrian. Any driver who fails to take necessary precautions shall be liable in damages for any injury caused to the pedestrian.
B. A totally blind or partially blind pedestrian not carrying a cane or using a guide dog shall have all the rights and privileges conferred by law on other persons, and the failure of a totally blind pedestrian to carry a cane or to use a guide dog shall not be held to constitute nor be evidence of contributory negligence. (28-7-4 NMSA 1978)
12-6-12.22 OFFENSES BY PERSONS OWNING OR CONTROLLING VEHICLES. It is unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or to permit the operation of such vehicle upon a street in this municipality in any manner contrary to this ordinance. (66-8-121 NMSA 1978)
12-6-12.23 PERMITTING UNAUTHORIZED PERSONS TO DRIVE.
A. No person shall cause or knowingly permit his child or ward under the age of eighteen years to drive a motor vehicle upon any street when such minor is not authorized under state law or is in violation of any of the provisions of the New Mexico Motor Vehicle Code. (66-5-40 NMSA 1978)
B. No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any street by any person who is not authorized under state law or is in violation of any of the provisions of the New Mexico Motor Vehicle Code. (66-5-41 NMSA 1978)
12-6-12.24 PARTIES TO UNLAWFUL ACTS. Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared herein to be unlawful, whether individually or in connection with one or more other persons or as a principal, agent or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits or directs another to violate any provision of this ordinance or of the Motor Vehicle Code is likewise guilty of such offense. (66-8-120 NMSA 1978)
12-6-13 MISCELLANEOUS TRAFFIC REGULATIONS.
12-6-13.1 OFFENSES RELATING TO DRIVING UNDER THE INFLUENCE.
A. No owner or person in control of a motor vehicle shall permit it to be driven or operated by any person who is a habitual user of narcotic drugs or by any person who is under the influence of intoxicating liquor, narcotic drugs or any other drug to a degree which renders him incapable of safely driving the vehicle.
B. No person under the influence of intoxicating liquor, narcotic drug or other drug to a degree which renders him incapable of driving safely shall start or attempt to operate a vehicle.
12-6-13.2 UNLAWFUL RIDING.
A. No person shall ride or permit another person to ride in or on any portion of a vehicle not designated or intended for the use of passengers.
B. This provision shall not apply to any employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise.
12-6-13.3 UNHITCHED TRAILER ON STREET. No person shall leave any type of trailer unhitched upon a street.
12-6-13.4 MOVING OR MOLESTING UNATTENDED VEHICLES.
A. No person shall individually or in association with one or more others do any of the following:
1. purposely, and without authority from the owner, start or cause to be started the engine of any motor vehicle;
2. purposely and maliciously shift or change the starting device or gears of a standing motor vehicle to a position other than that in which they were left by the owner or driver of said motor vehicle;
3. purposely scratch or damage the chassis, running gear, body, sides, tip covering or upholstering of a motor vehicle which is the property of another;
4. purposely destroy any part of a motor vehicle or purposely cut, mash, mark, or in any other way, destroy or damage any part, attachment, fastening or appurtenance of a motor vehicle, without the permission of the owner;
5. purposely drain or start the drainage of any radiator, oil tank or gas tank upon a motor vehicle, without the permission of the owner;
6. purposely put any metallic or other substance or liquid in the radiator, carburetor, oil tank, grease cup, oilers, lamps, gas tanks or machinery of the motor vehicle with the intent to injure or damage the same or impede the working of the machinery thereof;
7. maliciously tighten or loosen any bracket, bolt, wire, nut, screw or other fastening on a motor vehicle; or
8. purposely release the brake upon a standing motor vehicle with the intent to injure said machine. (66-3-506 NMSA 1978)
B. The foregoing provisions shall not apply to a police officer or member of the fire department or street maintenance department who in discharge of his duty legally moves or causes to be moved any unattended vehicle, nor to any person who moves the vehicle at the direction of or in compliance with orders from a police officer or member of the fire department or street maintenance department who in the discharge of his duties legally orders or directs the moving of the unattended vehicle.
12-6-13.5 DESTRUCTIVE OR INJURIOUS MATERIAL ON ROADWAY.
A. No person shall throw or deposit upon any street any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such street.
B. Any person who drops, or permits to be dropped or thrown, upon any street any destructive or injurious material shall immediately remove the same or cause it to be removed.
C. Any person removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle. (66-7-364 NMSA 1978)
D. No vehicle shall be driven or moved on any street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a street in cleaning or maintaining such street.
E. No person shall operate on any street any vehicle or combination of vehicles with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached, or in any manner a hazard to other users of the street. (66-7-407 NMSA 1978)
12-6-13.6 TRAINS AND BUSES NOT TO OBSTRUCT STREETS. No person or corporation shall direct the operation of or operate any railroad train or bus in such manner to prevent the use of any street for purposes of travel for a period of time longer than five minutes.
12-6-13.7 BOARDING OR ALIGHTING FROM VEHICLES.
A. No person shall board or alight from any moving vehicle or any vehicle which is stopped in traffic.
B. No person shall alight or enter a vehicle except when it is stopped at a curb or in a passenger loading zone.
12-6-13.8 IMPROPER OPENING OF DOORS. No person shall:
A. open the door of a vehicle on the side near moving traffic unless it is reasonably safe to do so, and the door can be opened without interfering with the movement of traffic; or
B. leave a door of a vehicle open on the side of the vehicle near moving traffic for a period of time longer than necessary to load or unload passengers. (66-7-367 NMSA 1978)
12-6-13.9 OCCUPIED MOVING HOUSE TRAILER. No person shall:
A. occupy a house trailer while it is being towed upon a street; or
B. tow a house trailer on any street when the house trailer is occupied by any person. (66-7-366 NMSA 1978)
12-6-13.10 ANIMALS ON STREET.
A. It is unlawful for any person, during the hours of darkness to ride a horse or other animal upon the traveled portion of any street which is normally used by motor vehicles.
B. It is unlawful for any person negligently to permit livestock to wander or graze upon any fenced street at any time or, during the hours of darkness, to drive livestock along or upon any street which is normally used by motor vehicles.
C. Owners of livestock ranging in pastures through which unfenced roadways pass shall not be liable for damages by reason of injury or damage to persons or property occasioned by collisions of vehicles using said roadways and livestock or animals ranging in said pastures unless such owner of livestock is guilty of specific negligence other than allowing his animals to range in said pasture. (66-7-363 NMSA 1978)
12-6-13.11 DRIVING ON MOUNTAIN STREETS. The driver of a motor vehicle traveling through defiles or canyons or on mountain streets shall hold such motor vehicle under control and as near the right-hand edge of the street as reasonably possible and, upon approaching any curve where the view is obstructed within a distance of two hundred feet along the street, shall give audible warning with horn of such motor vehicle. (66-7-359 NMSA 1978)
12-6-13.12 CHILD PASSENGER RESTRAINT; PENALTY; ENFORCEMENT.
A. A person shall not operate a passenger car, van or pickup truck in this state except for an authorized emergency vehicle, public transportation or school bus unless all passengers less than eighteen years of age are properly restrained.
B. Each person less than eighteen years of age shall be properly secured in a child passenger restraint device or by a seat belt, unless all seating positions equipped with seat belts are occupied, as follows:
1. children less than one year of age shall be properly secured in a rear-facing child passenger restraint device that meets federal standards, in the rear seat of a vehicle that is equipped with a rear seat. If the vehicle is not equipped with a rear seat, the child may ride in the front seat of the vehicle if the passenger-side air bag is deactivated or if the vehicle is not equipped with a deactivation switch for the passenger-side air bag;
2. children one year of age through four years of age, regardless of weight, or children who weigh less than forty pounds, regardless of age, shall be properly secured in a child passenger restraint device that meets federal standards; and
3. children five years of age through twelve years of age shall be secured in a child passenger restraint device or by a seat belt.
C. Failure to be secured by a child passenger restraint device or by a safety belt as required by this section shall not in any instance constitute fault or negligence and shall not limit or apportion damages. (66-7-369 NMSA 1978)
12-6-13.13 MANDATORY USE OF SEATBELTS.
A. Except as provided by Section 12-6-13.12 and in Subsection B of this section, each occupant of a motor vehicle having a gross vehicle weight of ten thousand pounds or less manufactured with safety belts in compliance with federal motor vehicle safety standard number 208 shall have a safety belt properly fastened about his body at all times when the vehicle is in motion on any street or highway.
B. This section shall not apply to an occupant of a motor vehicle having a gross vehicle weight of ten thousand pounds or less who possesses a written statement from a licensed physician that he is unable for medical reasons to wear a safety belt or to a rural letter carrier of the United States postal service while performing the duties of a rural letter carrier. (66-7-372 NMSA 1978)
C. Each person violating Subsection A of Section 12-6-13.13 shall be fined an amount not less than twenty-five dollars ($25.00) or more than fifty dollars ($50.00) including court costs.
D. Failure to be secured by a child passenger restraint device or by a safety belt as required in this Section shall not in any instance constitute fault or negligence and shall not limit or apportion damages.
E. The provisions of this Section shall be enforced whether or not associated with the enforcement of any other statute. (66-7-373 NMSA 1978)
12-6-13.14 CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGES IN OPEN CONTAINERS IN A MOTOR VEHICLE PROHIBITED--EXCEPTIONS.
A. No person shall knowingly drink any alcoholic beverage while in a motor vehicle upon any street within this municipality.
B. No person shall have in his possession on his person, while in a motor vehicle upon any street within this municipality, any bottle, can or other receptacle containing any alcoholic beverage which has been opened or had its seal broken or the contents of which have been partially removed.
C. It is unlawful for the registered owner of any motor vehicle, to knowingly keep or allow to be kept in a motor vehicle, when the vehicle is upon any street within this municipality, any bottle, can or other receptacle containing any alcoholic beverage which has been opened or had its seal broken or the contents of which have been partially removed, unless the container is kept in:
1. the trunk of the vehicle or in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk;
2. the living quarters of a motor home or recreational vehicle;
3. a truck camper;
4. the bed of a pick-up truck when the bed is unoccupied by passengers.
A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers. This section does not apply to the driver or owner of or any passenger in a bus, taxicab or limousine for hire licensed to transport passengers pursuant to the Motor Carrier Act or proper legal authority.
D. The provisions of this section do not apply to:
1. any person who, upon the recommendation of a doctor, carries alcoholic beverages in that persons motor vehicle for medicinal purposes;
2. any clergyman or his agent who carries alcoholic beverages for religious purposes in the clergyman's or his agent's motor vehicle;
E. Penalties
1. Whoever is guilty of a second or subsequent violation of any provision of this ordinance shall be sentenced pursuant to this code.
2. In addition to any other penalty or disposition ordered pursuant to law, upon conviction for a second or subsequent violation of the provisions of Section 12-6-13.15 NMSA 1978, the convicted person shall have his driver's license revoked for a period of three months upon a second violation and for one year upon a third or subsequent violation. (66-8-139 NMSA 1978)
F. "Alcoholic Beverages" Defined. As used in this ordinance "alcoholic beverages" means distilled or rectified spirits, potable alcohol, brandy, whisky, rum, gin, aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including all blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent alcohol but excluding medicinal bitters. (66-8-140 NMSA 1978)
12-6-14 PEDESTRIANS' RIGHTS AND DUTIES.
12-6-14.1 PEDESTRIAN OBEDIENCE TO TRAFFIC-CONTROL DEVICES AND TRAFFIC REGULATIONS. Pedestrians shall be subject to traffic-control signals at intersections as provided in Section 12-5-6, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions provided in this ordinance. (66-7-333 NMSA 1978)
12-6-14.2 PEDESTRIANS RIGHT OF WAY IN CROSSWALKS.
A. When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the street within a crosswalk when the pedestrian is upon the half of the street upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the street as to be in danger.
B. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
C. Subsection A shall not apply under the conditions stated in Section 12-6-14.4.
D. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the street, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. (66-7-334 NMSA 1978)
12-6-14.3 PEDESTRIANS TO USE RIGHT HALF OF CROSSWALK. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. (66-7-338 NMSA 1978)
12-6-14.4 CROSSING AT OTHER THAN CROSSWALKS.
A. Every pedestrian crossing a street at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the street.
B. Any pedestrian crossing a street at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the street.
C. Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk. (66-7-335 NMSA 1978)
D. No pedestrian shall cross a street intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
12-6-14.5 PEDESTRIANS ON STREETS.
A. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent street.
B. Where sidewalks are not provided any pedestrian walking along and upon a street shall when practicable walk only on the left side of the street or its shoulder facing traffic which may approach from the opposite direction. (66-7-339 NMSA 1978)
12-6-14.6 RESERVED
12-6-14.7 OBEDIENCE OF PEDESTRIANS TO BRIDGE AND RAILROAD SIGNALS.
A. No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate or barrier after a bridge operation signal indication has been given.
B. No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.
12-6-14.8 DRIVERS TO EXERCISE DUE CARE. Notwithstanding the foregoing provisions of this ordinance every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any street and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a street. (66-7-337 NMSA 1978)
12-6-15 REFERENCE TO VEHICLES UPON THE STREETS.
A. The provisions of Article 6 of this ordinance relating to the operation of vehicles, refer exclusively to the operation of vehicles upon the streets or highways, except where a different place is specifically referred to in a given section.
B. The provisions of Article 4 of this ordinance and Sections 12-6-12.1 through 12-6-12.3 of this ordinance shall apply upon the streets and highways and elsewhere throughout this municipality. (66-7-2 NMSA 1978)
ARTICLE VII - SPECIAL RULES FOR MOTORCYCLES AND OFF-HIGHWAY VEHICLES
12-7-1 Traffic Regulations Apply to Persons Operating Motorcycles
12-7-2 Operating Motorcycles on Streets Laned for Traffic
12-7-3 Clinging to Other Vehicles
12-7-4 Riding on Motorcycles
12-7-5 Eye-Protective Devices or Windshields
12-7-6 Safety Helmets
12-7-7 Footrests and Handlebars
12-7-8 Motorcycle Maneuverability
12-7-9 Off-Highway Motor Vehicles
12-7-9.1 Off-Highway Motor Vehicles--Registration; Plate Requirement and Definition
12-7-9.2 Operation of Off-Highway Motor Vehicles on Streets or Highways
12-7-9.3 Movement of Off-Highway Motor Vehicles Adjacent to Streets
12-7-9.4 Operation of Off-Highway Motor Vehicles on Private Lands
12-7-9.5 Accidents and Accident Reports
12-7-9.6 Enforcement of Off-Highway Motor Vehicle Regulations
12-7-10 Mopeds--Standards--Operator Requirements--Application of Motor Vehicle Code
12-7-1 TRAFFIC REGULATIONS APPLY TO PERSONS OPERATING MOTORCYCLES. Every person operating a motorcycle shall be granted all the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this ordinance, except as to special regulations in Sections 12-7-1 through 12-7-8 and except as to those provisions of this ordinance which by their nature can have no application.
12-7-2 OPERATING MOTORCYCLES ON STREETS LANED FOR TRAFFIC.
A. All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This section shall not apply to motorcycles operated two abreast in a single lane.
B. The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken, except that this provision shall not apply to police officers in the performance of their official duties.
C. No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, except that this provision shall not apply to police officers in the performance of their official duties.
D. Motorcycles shall not be operated more than two abreast in a single lane.
12-7-3 CLINGING TO OTHER VEHICLES. No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on a street.
12-7-4 RIDING ON MOTORCYCLES.
A. A person operating a motorcycle, motor scooter or motor-driven cycle shall ride only upon the permanent and regular seat attached thereto, and shall have his feet upon the footrests provided on the machine.
B. The operator shall not carry any other person nor shall any other person ride on a motorcycle, motor scooter or motor-driven cycle unless it is designated to carry more than one person. If a motorcycle, motor scooter or motor-driven cycle is designed to carry more than one person, the passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the motorcycle, motor scooter or motor-driven cycle. The passenger shall have his feet upon the footrests attached for passenger use. (66-7-355 NMSA 1978)
C. No person shall operate a motorcycle while carrying any package, bundle or other article which prevents him from keeping both hands on the handlebars.
D. No operator of a motorcycle shall carry any person nor shall any person ride in a position that will interfere with the operation or control of the motorcycle or the view of the operator.
12-7-5 EYE-PROTECTIVE DEVICES OR WINDSHIELDS. Any person operating a motorcycle, motor scooter or motor-driven cycle, not having a fixed windshield of a type approved by regulation of the secretary, shall wear an eye-protective device which may be a face shield attached to a safety helmet, goggles or safety eyeglasses. All eye-protective devices or windshields shall be of a type approved by regulations authorized by 66-7-355 NMSA 1978. (66-7-355 NMSA 1978)
12-7-6 MANDATORY USE OF PROTECTIVE HELMET.
A. No person under the age of eighteen shall operate a motorcycle unless he is wearing a safety helmet securely fastened on his head in a normal manner as headgear and meeting the standards authorized by 66-7-356 NMSA 1978. No dealer or person who leases or rents motorcycles shall lease or rent a motorcycle to a person under the age of eighteen unless the lessee or renter shows such person a valid operator's license or permit and possesses the safety equipment required of an operator who is under the age of eighteen. No person shall carry any passenger under the age of eighteen on any motorcycle unless the passenger is wearing a securely fastened safety helmet, as specified in this section, meeting the standards specified by the director.
B. Failure to wear a safety helmet as required in this section shall not constitute contributory negligence. (66-7-356 NMSA 1978)
12-7-7 FOOTRESTS AND HANDLEBARS.
A. Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for the passenger.
12-7-8 MOTORCYCLE MANEUVERABILITY.
A. No motorcycle shall be equipped in a manner such that it is incapable of turning a ninety-degree angle with a circle having a radius of not more than fourteen feet. Evidence of a motorcycle being unable to turn a ninety degree angle within a circle having a radius of not more than fourteen feet shall be prima facie evidence of an unsafe vehicle as described in Section 12-10-1.1.
B. For the purposes of this section, a police officer may require the driver of a motorcycle to demonstrate the ability of any motorcycle to be ridden as described in Subsection A of this section. Failure or refusal of any operator to demonstrate the ability of any motorcycle being operated upon the highways shall be prima facie evidence of an unsafe vehicle as described in Section 12-10-1.1. (66-3-842 NMSA 1978)
12-7-9 OFF-HIGHWAY MOTOR VEHICLES.
12-7-9.1 OFF-HIGHWAY MOTOR VEHICLES--REGISTRATION; PLATE REQUIREMENT AND DEFINITION.
A. Unless exempted from the provisions of the New Mexico Off-Highway Motor Vehicle Act, no person shall operate a motor vehicle which is to be operated or used exclusively off the streets or highways of this municipality unless the motor vehicle has been registered in accordance with the New Mexico Off-Highway Motor Vehicle Act and the regulations of the division adopted pursuant thereto.
B. Upon receipt of the registration certificate, the owner of an off-highway motor vehicle shall affix the registration plate on the motor vehicle as prescribed by the regulations adopted by the division. (66-3-1003 NMSA 1978)
C. For the purposes of Section 12-7-9.1 through 12-7-9.6 of this ordinance "motor vehicle" or "off-highway motor vehicle" means any motor vehicle operated or used exclusively off the streets or highways of this municipality. (66-3-1002 NMSA 1978)
12-7-9.2 OPERATION OF OFF-HIGHWAY MOTOR VEHICLES ON STREETS OR HIGHWAYS.
A. No person shall operate an off-highway motor vehicle on any limited access street at any time.
B. Off-highway motor vehicles may cross streets or highways if the crossings are made after coming to a complete stop prior to entering the street. These motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then crossing in the most direct manner, as close to a perpendicular angle as possible. (66-3-1011 NMSA)
12-7-9.3 MOVEMENT OF OFF-HIGHWAY MOTOR VEHICLES ADJACENT TO STREETS. Off-highway motor vehicles issued a plate pursuant to Section 66-3-1003C NMSA 1978 may be moved, by nonmechanical means only, adjacent to a street, in a manner so as not to interfere with traffic upon the street, only for the purpose of gaining access to, or returning from areas designed for the operation of off-highway motor vehicles, when no other route is available. (66-3-1012 NMSA 1978)
12-7-9.4 OPERATION OF OFF-HIGHWAY MOTOR VEHICLES ON PRIVATE LANDS. It is unlawful to operate an off-highway motor vehicle on private lands except with the express permission of the owner of the lands. (66-3-1013 NMSA 1978)
12-7-9.5 ACCIDENTS AND ACCIDENT REPORTS. Any operator of an off-highway motor vehicle involved in an accident resulting in injuries to, or the death of, any person, or resulting in damage to public or private property to the extent of fifty dollars ($50.00) or more, shall immediately notify a police officer or the police department of the accident and the facts relating to the accident. (66-3-1014 NMSA)
12-7-9.6 ENFORCEMENT OF OFF-HIGHWAY MOTOR VEHICLE REGULATIONS. Every police officer displaying his badge of office, has the authority to enforce the provisions of Sections 12-7-9.1 through 12-7-9.5 of this ordinance and may require the operator of any off-highway motor vehicle to produce the certificate of registration and the personal identification of the operator, and may issue citations for violations of the provisions of Sections 12-7-9.1 through 12-7-9.5 of this ordinance. (66-3-1015 NMSA 1978)
12-7-10 MOPEDS--STANDARDS--OPERATOR REQUIREMENTS--APPLICATION OF MOTOR VEHICLE CODE.
A. Mopeds shall comply with those motor vehicle safety standards deemed necessary and prescribed by the director of motor vehicles.
B. Operators of mopeds shall have in their possession while operating a moped a valid operator's or restricted operator's license of any class issued to them.
C. Except as provided in Subsections A and B of this section, none of the provisions of the New Mexico Motor Vehicle Code or of this ordinance relating to motor vehicles or motor-driven cycles as defined in these codes shall apply to a moped. (66-3-1101 NMSA 1978)
ARTICLE VIII - OPERATION OF BICYCLES
12-8-1 Effect of Regulations
12-8-2 Traffic Ordinance Applies to Persons Riding Bicycles
12-8-3 Riding on Bicycles
12-8-4 Clinging to Vehicles
12-8-5 Riding on Streets and Bicycle Paths
12-8-6 Carrying Articles
12-8-7 Lamps and Other Equipment on Bicycles
12-8-8 Obedience to Traffic-Control Devices
12-8-9 Parking
12-8-10 Speed
12-8-11 Emerging from Alley, Driveway, Private Road or Building
12-8-12 Riding on Sidewalks
12-8-13 License Required
12-8-14 License Application
12-8-15 Issuance of License
12-8-16 Attachment of License Plate
12-8-17 Authority to Prevent Use
12-8-18 Inspection of Bicycles
12-8-19 Transfer of Ownership
12-8-20 Rental Agencies
12-8-21 Bicycle Dealers
12-8-22 Impounding Unlicensed and Unattended Bicycles
12-8-23 Penalties
12-8-1 EFFECT OF REGULATIONS.
A. The parent of any child and the guardian of any ward shall not authorize or permit any such child or ward to violate any of the provisions of this ordinance.
B. These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any street or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein. (66-3-701 NMSA 1978)
12-8-2 TRAFFIC ORDINANCE APPLIES TO PERSONS RIDING BICYCLES. Every person riding a bicycle upon a street shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, except as to the special regulations within Sections 12-8-1 through 12-8-23. (66-3-702 NMSA 1978)
12-8-3 RIDING BICYCLES.
A. A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
B. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. (66-3-703 NMSA 1978)
12-8-4 CLINGING TO VEHICLES. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a street. (66-3-704 NMSA 1978)
12-8-5 RIDING ON STREETS AND BICYCLE PATHS.
A. Every person operating a bicycle upon a street shall ride as near to the right side of the street as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (66-3-705 NMSA 1978) It shall not be considered practicable to ride as near to the right side of the street under the following circumstances:
1 when overtaking and passing another bicycle or vehicle proceeding in the same direction;
2 when preparing for a left turn at an intersection or into a private road or roadway;
3 when reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and vehicle to travel safely side by side within the lane;
4 when operating a bicycle or a moped upon a one-way highway with two or more marked traffic lanes persons riding bicycles may ride as near the left-hand curb or edge of such roadway as practicable.
B. Persons riding bicycles upon a street shall ride in single file except on paths or parts of streets set aside for the exclusive use of bicycles.
C. Whenever a usable path for bicycles has been provided adjacent to a street, bicycle riders shall use such path and shall not use the street. (66-3-705 NMSA 1978)
12-8-6 CARRYING ARTICLES. No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handlebar. (66-3-706 NMSA 1978)
12-8-7 LAMPS AND OTHER EQUIPMENT ON BICYCLES.
A. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the division which shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.
B. Every bicycle shall be equipped with a brake which will enable the operator to make the brake wheels skid on dry, level, clean pavement. (66-3-707 NMSA 1978)
12-8-8 OBEDIENCE TO TRAFFIC-CONTROL DEVICES.
A. Any person operating a bicycle shall obey the instructions of official traffic-control devices applicable to vehicles, unless otherwise directed by a police officer.
B. Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event the person shall then obey the regulations applicable to pedestrians.
12-8-9 PARKING. No person shall park a bicycle upon a street other than upon the street against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such manner as to afford the least obstruction to pedestrian traffic.
12-8-10 SPEED. No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.
12-8-11 EMERGING FROM ALLEY, DRIVEWAY, PRIVATE ROAD OR BUILDING.
A. The operator of a bicycle emerging from an alley, private road, driveway or building shall yield the right of way to all pedestrians on the sidewalk or sidewalk area.
B. Upon entering the street, the driver of a bicycle shall yield the right of way to all vehicles approaching on the street.
12-8-12 RIDING ON SIDEWALKS.
A. No person shall ride a bicycle upon a sidewalk within a business district.
B. No person shall ride a bicycle on any sidewalk or street when signs are posted prohibiting bicycles on the sidewalk or street.
C. When signs are posted requiring bicycles to use sidewalks or paths adjacent to a street, no person shall ride a bicycle on the street adjacent to the sidewalks or paths.
D. Whenever any person is riding a bicycle upon a sidewalk, the person shall yield the right way to any pedestrian and shall give audible signal before overtaking and passing a pedestrian.
12-8-13 RESERVED.
12-8-14 RESERVED.
12-8-15 RESERVED.
12-8-16 RESERVED.
12-8-17 RESERVED.
12-8-18 RESERVED.
12-8-19 RESERVED.
12-8-20 RESERVED.
12-8-21 RESERVED.
12-8-22 IMPOUNDING UNATTENDED BICYCLES.
A. Whenever any bicycle is found unlicensed by a police officer and there is no person in attendance upon the parked bicycle, the police officer is authorized to remove the bicycle to the nearest municipal bicycle pound or authorized location as determined and designated by the police department.
B. Before the owner or person entitled to possession of any legally impounded bicycle shall be permitted to remove it from the custody of the bicycle pound or other authorized location, he shall furnish evidence of identity and ownership of the bicycle.
12-8-23 PENALTIES. Every person convicted of a violation of any provision of Sections 12-8-1 through 12-8-23 shall be punished by a fine of not more than twenty-five dollars ($25.00).
ARTICLE IX - PARKING REGULATIONS
12-9-1 Authority to Establish Parking Meter Zones
12-9-2 Installation of Parking Meters
12-9-3 Parking Meter Spaces
12-9-4 Parking Time Limits
12-9-5 Deposit of Coins
12-9-6 Use of Slugs Prohibited
12-9-7 Tampering with Meter
12-9-8 Presumption of Unlawful Parking
12-9-1 AUTHORITY TO ESTABLISH PARKING METER ZONES.
A. The administrator may establish parking meter zones in which the parking of vehicles upon streets or parts of streets shall be regulated by parking meters between the hours of 8:00 a.m. and 6:00 p.m. of any day except Sunday and public holidays.
B. The administrator may limit the period of time for which parking is lawfully permitted in any parking meter zone in which meters are located regardless of the number of coins deposited in a meter.
C. The parking meter zone may be diminished or extended and enlarged, or other parking meter zones may be created.
12-9-2 INSTALLATION OF PARKING METERS.
A. The administrator shall install parking meters in established parking meter zones.
B. Parking meters shall be placed on the curb immediately adjacent to each designated parking space.
C. Parking meters shall be capable of being operated, either automatically or mechanically, upon the deposit therein of a twenty-five cent coin, ten-cent coin, five-cent coin or one penny coin of United States currency as provided in this ordinance.
D. Each parking meter shall be designed, constructed, installed and set so that an appropriate signal will indicate expiration of the lawful parking meter period which was registered by the deposit of one or more coins as provided herein.
E. During the lawful parking meter period registered by the deposit of a coin or coins and prior to the expiration of the lawful parking meter period, the meter shall indicate the interval of time which remains of such period.
F. Each parking meter shall bear a legend indicating the days and hours when the requirement to deposit coins shall apply, the value of the coins to be deposited and the limited period of time for which parking is lawfully permitted in the parking meter zone in which such meter is located.
12-9-3 PARKING METER SPACES.
A. The administrator shall designate the parking space adjacent to each parking meter for which the meter is to be used by appropriate markings upon the curb or the pavement of the street or both.
B. Designated parking meter spaces shall be of appropriate length and width so as to be accessible from the traffic lanes of the street.
C. No person shall park a vehicle in any designated parking meter space during the restricted or regulated time applicable to the parking meter zone in which the meter is located so that any part of the vehicle occupies more than one space or protrudes beyond the markings designating the space. However, a vehicle which is of a size too large to be parked within a single designated parking meter zone shall be permitted to occupy two adjoining parking meter spaces when coins of the appropriate denominations have been deposited in the parking meter for each space so occupied.
12-9-4 PARKING TIME LIMITS. Parking or standing a vehicle in a designated space in parking meter zones shall be lawful upon the deposit of legal coins as indicated on each parking meter.
12-9-5 DEPOSIT OF COINS.
A. No person shall park a vehicle in any parking space regulated by a parking meter between the hours 8:00 a.m. and 6:00 p.m. on any day except Sundays and public holidays unless a coin or coins of the appropriate denomination as provided in this ordinance have been deposited therein and the meter has been placed in operation.
B. No person shall permit a vehicle within his control to be parked in any space regulated by a parking meter between the hours of 8 a.m. and 6 p.m. on any day except Sundays and public holidays while the parking meter for the space indicates by signal that the lawful parking time in the space has expired. This provision does not apply to the act of parking or the necessary time which is required to deposit immediately thereafter a coin or coins in the meter.
C. No person shall park a vehicle in any parking meter space for a consecutive period of time longer than the limited period of time for which parking is lawfully permitted in the parking meter zone in which the meter is located, irrespective of the number or amounts of coins deposited in the meter.
D. Failure to deposit proper coin or coins constitutes a violation of this ordinance.
E. Upon expiration of the legal parking time, it is the duty of the owner or driver of the vehicle to remove the vehicle from the parking space.
F. It is unlawful for any person to cause, allow, permit or suffer a vehicle registered in his name to be parked or to stand overtime or remain in the parking space beyond the specified parking time limit.
G. The provisions of this section shall not apply in a period of emergency determined by an officer of the fire department or the police department or in compliance with the directions of a police officer or traffic-control device.
H. The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this ordinance prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.(*)
12-9-6 USE OF SLUGS PROHIBITED. No person shall deposit or attempt to deposit in any parking meter any slug, button or any other device or substance as substitutes for coins of United States currency.(*)
12-9-7 TAMPERING WITH METER. No person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter.(*)
12-9-8 PRESUMPTION OF UNLAWFUL PARKING.
A. When the "violation" indicator is showing on a parking meter to indicate the expiration of the lawful parking meter period for which coins have been deposited, it shall be presumptive evidence that any vehicle found in a regulated parking space is parked in violation.
B. It is unlawful and an offense for any person to deposit or cause to be deposited in a parking meter covering a metered parking stall which he has already occupied for the meter specified time limit any coins for the purpose of extending parking time beyond the total lawful parking period designated for the parking meter zone in which the meter is located.(*)
12-9-9 PARKING IN DESIGNATED DISABLED PARKING SPACES.
A. It is unlawful for any person to park a motor vehicle not carrying registration plates or a placard indicating disability in accordance with Section 66-3-16 NMSA 1978 in a designated disabled parking space or in such a manner as to block access to any part of a curb cut. Any person who violates this section shall be subject to a fine of not less than two hundred fifty dollars ($250) or more than five hundred dollars ($500). Failure to properly display a parking placard or special registration plate issued pursuant to Section 66-3-16 NMSA 1978 is not a defense against a charge of violation of Subsection A of this section. (66-7-352.5 NMSA 1978)
B. As used in this section, "designated disabled parking space" means any space, including an access aisle, marked and reserved for the parking of a passenger vehicle that carries registration plates or a parking placard indicating disability in accordance with Section 66-3-16 NMSA 1978, and designated by a conspicuously posted sign bearing the international disabled symbol of a wheelchair and if paved, by a clearly visible depiction of this symbol painted in blue on the pavement of the space. "Curb cut" means a short ramp through a curb or built up to the curb designed for access by the handicapped.
C. A vehicle parked in violation of Subsection A of this section is subject to being towed at the expense of the vehicle owner upon authorization by law enforcement personnel or by the property owner or manager of a parking lot. (66-1-4.4E and 66-7352.5 NMSA 1978).
D. State, county and municipal law enforcement personnel may issue citations for violations of §12-9-9 in their respective jurisdictions, whether the violations occurs on public property or private property. (*)
E. Parking enforcement personnel of each of the state educational institutions designated in Article 12, Section 11 of the Constitution of New Mexico may issue citations for violations of Subsection A of this section within the exterior boundaries of lands under the control of their respective institutions, except portions of those lands that are public highways or streets. (66-7-352.6 NMSA 1987).
12-9-10 PARKING FINES & PENALTIES.
A. The following fines are hereby adopted:
1. Overtime & Double Parking $5.00
2. Improper Parking $10.00
3. Blocking Alley, Street or Roadway $25.00
4. Parking by Fire Hydrant or in Painted Red Zone (Fire Lane) $50.00
5. Parking in Handicap Zone $75.00
6. Other Violations Not Enumerated Above $10.00
B. In issuing parking violation notice(s) shall not be issued more often than one every two (2) hours. However, after two hours, if the vehicle remains parked improperly, a new citation may be issued. Every citation issued, after the said two hour interval, shall constitute a separate offense, chargeable and punishable.
C. For the first parking offense, as per Paragraph B above, a warning notice may be issued in lieu of a parking violation citation. All subsequent parking offenses, pursuant to this section, shall receive a parking violation citation. The warning notice shall be in a form approved by the Village Administrator.
ARTICLE X - VEHICLE REGULATIONS
12-10-1 Equipment
12-10-1.1 Scope and Effect of Regulations
12-10-1.2 Vehicles to Be in Safe Condition
12-10-1.3 When Lighted Lamps Are Required
12-10-1.4 Visibility Distance and Mounted Height of Lamps
12-10-1.5 Head Lamps on Motor Vehicles
12-10-1.6 Dimming of Lights
12-10-1.7 Tail Lamps
12-10-1.8 Vehicles to Be Equipped with Reflectors
12-10-1.9 Stop Lamps, Signal Lamps and Signal Devices
12-10-1.10 Muffler--Prevention of Noise--Emission Control Devices
12-10-1.11 Lamp or Flag on Projecting Load
12-10-1.12 Windshields Must Be Unobstructed and Equipped with Wipers
12-10-1.13 Prohibiting Lugs
12-10-1.14 Permission to Use Emergency Equipment on Other Than Official Vehicles
12-10-1.15 Prohibiting Metal Tires or Dragging Load
12-10-1.16 Brakes
12-10-1.17 Horns and Warning Devices
12-10-1.18 Mirrors
12-10-1.19 Application of Succeeding Sections
12-10-1.20 Additional Equipment Required
12-10-1.21 Color of Clearance Lamps, Side--Marker Lamps and Reflectors
12-10-1.22 Lamps and Reflectors--Truck Tractors and Road Tractors
12-10-1.23 Lamps and Reflectors--Large Semi-Trailers, Full Trailers and House Trailers
12-10-1.24 Lamps and Reflectors--Small Semi-Trailers, House Trailers and Trailers
12-10-1.25 Lamps and Reflectors--Pole Trailers
12-10-1.26 Lamps and Reflectors--Combinations in Driveaway-Towaway Operations
12-10-1.27 Mounting of Reflectors, Clearance Lamps and Side-Marker Lamps
12-10-1.28 Clearance Lamps to Indicate Extreme Width, Height and Length
12-10-1.29 Side-Marker Lamps Combined with Clearance Lamps
12-10-1.30 Combination Tail and Stop Lamps
12-10-1.31 Lighting Devices to Be Electric
12-10-1.32 Requirements for Headlamps and Auxiliary Road-Lighting Lamps
12-10-1.33 Requirements for Clearance, Side-Marker and Other Lamps
12-10-1.34 Obstructed Lights Not Required
12-10-1.35 Lamps on Parked Vehicles
12-10-1.36 Lamps on Other Vehicles and Equipment
12-10-1.37 Spot Lamps and Auxiliary Lamps
12-10-1.38 Additional Lighting Equipment
12-10-1.39 Multiple Beam Road Lighting Equipment
12-10-1.40 Use of Multiple Beam Road Lighting Equipment
12-10-1.41 Single Beam Road Lighting Equipment
12-10-1.42 Alternate Road Lighting Equipment
12-10-1.43 Number of Driving Lamps Required or Permitted
12-10-1.44 Special Restrictions on Lamps
12-10-1.45 Lights on Snow Removal Equipment
12-10-1.46 Meaning of the Term "Motor Vehicle" as Used Sections 12-10-1.47 through 12-10-1.51 of This Ordinance--Unattended Vehicles
12-10-1.47 Stopped Vehicles Not to Interfere with Other Traffic
12-10-1.48 Emergency Signals--Disabled Vehicle
12-10-1.49 Non-Emergency Signals--Stopped or Parked Vehicles
12-10-1.50 Emergency Signals--Flame Producing
12-10-1.51 Emergency Signals Dangerous Cargoes
12-10-2 Transporting or Handling Explosives or Dangerous Articles
12-10-3 Regulating the Kinds and Classes of Traffic on the Streets
12-10-3.1 Restrictions Upon Use of Streets by Certain Vehicles
12-10-3.2 Minimum Vehicle Size
12-10-3.3 Projecting Loads on Passenger Vehicles
12-10-3.4 Special Projecting Load Limits
12-10-3.5 Trailers and Towed Vehicles
12-10-3.6 Width of Vehicles
12-10-3.7 Height and Length of Vehicles and Loads
12-10-3.8 Exceptions on Size, Weight and Load
12-10-4 Display of Current Valid Registration Plate
12-10-5 Evidence of Registration to Be Signed and Exhibited on Demand
12-10-6 Mandatory Financial Responsibility
12-10-1 EQUIPMENT.
12-10-1.1 PROHIBITED ACTS.
A. Except as otherwise provided in this section, it is a misdemeanor for any person to drive or move, or for the owner to cause or permit to be driven or moved, on any street, any vehicle, or combination of vehicles, which is in such unsafe condition as to endanger any person, or which does not contain those parts, or is not at all times equipped with such lamps and other equipment, in proper condition and adjustment, as is required by Sections 12-10-1.1 through 12-10-1.51, or which is equipped in any manner that is in violation of those sections, or for any person to do any act forbidden, or fail to perform any act required under those sections.
B. Noting contained in Sections 12-10-1.1 through 12-10-1.51 shall be construed to prohibit the use of additional parts and accessories on any vehicle which are not inconsistent with the provisions of such sections.
C. The provisions of Sections 12-10-1.1 through 12-10-1.51, with respect to equipment on vehicles, shall not apply to implements of husbandry, road machinery, road rollers or farm tractors, except as made applicable in those sections. (66-3-801 NMSA 1978)
12-10-1.2 VEHICLES TO BE IN SAFE CONDITION.
A. No person shall drive or move on any street any motor vehicle, trailer, semi-trailer, or pole trailer, or any combination thereof unless the equipment upon any and every said vehicle is in good working order and adjustment as required in this ordinance, and said vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the street. (66-3-901 NMSA 1978)
B. Any police officer may at any time when having reasonable cause to believe that any vehicle is unsafe, or not equipped as required by this ordinance, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to inspection and test as may be appropriate and reasonable.
12-10-1.3 WHEN LIGHTED LAMPS ARE REQUIRED. Every vehicle upon a street within this municipality at any time from a half-hour after sunset to a half-hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the street at a distance of five hundred feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated. (66-3-802 NMSA 1978)
12-10-1.4 VISIBILITY DISTANCE AND MOUNTED HEIGHT OF LAMPS.
A. Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in Section 12-10-1.3 in respect to a vehicle without load when upon a straight, level, unlighted street under normal atmospheric conditions unless a different time or condition is expressly stated.
B. Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. (66-3-803 NMSA 1978)
12-10-1.5 HEAD LAMPS ON MOTOR VEHICLES.
A. Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two headlamps with at least one on each side of the front of the motor vehicle, which headlamps shall comply with the requirements and limitations set forth in this ordinance.
B. Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations of this ordinance.
C. Every headlamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of the headlamp of not more than fifty-four inches nor less than twenty inches to be measured as set forth in Section 12-10-1.4B. The provisions of this paragraph shall apply only to new motor vehicles sold after July 1, 1953. (66-3-804 NMSA 1978)
D. For the purposes of Sections 12-10-1.1 through 12-10-1.5 parking lamps shall not be used in lieu of head lamps.
E. No headlight shall emit a glaring or dazzling light. (66-3-828 NMSA 1978)
12-10-1.6 DIMMING OF LIGHTS.
A. Whenever a motor vehicle meets another motor vehicle on any street during nighttime when headlights are in use, the driver of the vehicle shall, when within 500 feet of the other vehicle, dim or tilt the beams of the headlights downward.
B. The driver of any motor vehicle in any business district at nighttime when headlights are required shall keep headlights dimmed.
C. Whenever the driver of a motor vehicle overtakes another vehicle proceeding in the same direction or follows another vehicle proceeding in the same direction or follows another vehicle proceeding in the same direction within 200 feet at nighttime when headlights are required, the driver shall dim or tilt the beam of the headlights downward.
12-10-1.7 TAIL LAMPS.
A. Every motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of five hundred feet to the rear; provided that in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. And further, every such above mentioned vehicle, other than a truck tractor, registered in this state and manufactured or assembled after July 1, 1953, shall be equipped with at least two tail lamps mounted on the rear, which when lighted as herein required shall comply with the provisions of this section.
B. Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches nor less than twenty inches.
C. Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted. (66-3-805 NMSA 1978)
D. No tail lamp shall emit a glaring or dazzling light. (66-3-828 NMSA 1978)
12-10-1.8 VEHICLES TO BE EQUIPPED WITH REFLECTORS.
A. Every new motor vehicle hereafter sold and operated upon a street, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or separately, two red reflectors, except that every motorcycle and every motor-driven cycle shall carry at least one reflector, meeting the requirements of this section.
B. Every such reflector shall be mounted on the vehicle at a height not less than twenty inches nor more than sixty inches measured as set forth in Section 12-10-1.4B, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred feet to fifty feet from such vehicle when directly in front of lawful upper beams of headlamps. (66-3-806 NMSA 1978)
12.10-1.9 STOP LAMPS, SIGNAL LAMPS AND SIGNAL DEVICES.
A. From and after January 1, 1954, it shall be unlawful for any person to sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this municipality or for any person to drive such vehicle on the streets unless it is equipped with at least one stop lamp meeting the requirements of Subsection C(1).
B. No person shall sell or offer to sale or operate on the streets any motor vehicle, trailer, semi-trailer or house trailer registered in this state which was manufactured or assembled after January 1, 1954, unless it is equipped with mechanical or electric turn signals meeting the requirements of Subsection C(2). This subsection shall not apply to any motorcycle or motor-driven cycle. (66-3-807 NMSA 1978)
C. Any motor vehicle, trailer, semi-trailer and house trailer may be equipped and when required under this ordinance shall be equipped with the following stop lamps, signal lamps, or signal devices:
1. stop lamp or stop lamps on the rear which shall emit a red, amber or yellow light and which shall be actuated upon application of the service brakes and which may but need not be incorporated with one or more other rear lamps; and
2. lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear.
D. Every stop lamp shall be plainly visible and understandable from a distance of one hundred feet to the rear both during normal sunlight and nighttime and a signal lamp or lamps indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of one hundred feet both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps shall at all times be maintained in good working condition. No stop lamp or signal lamp shall project a glaring or dazzling light.
E. All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Section 12-10-1.3 of this ordinance. (66-3-828 NMSA 1978)
12-10-1.10 MUFFLERS--PREVENTION OF NOISE--EMISSION CONTROL DEVICES.
A. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a street in this municipality.
B. The muffler, emission control equipment or device, engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
C. Every registered gasoline-fueled motor vehicle manufactured or assembled, commencing with the 1968 models, shall at all times be equipped and maintained in good working order with the factory-installed devices and equipment or their replacements designed to prevent, reduce or control exhaust emissions or air pollution. (66-3-844 NMSA 1978)
12-10-1.11 LAMP OR FLAG ON PROJECTING LOAD.
A. Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in Section 12-10-1.3 hereof, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than twelve inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.
B. If any part of a vehicle, or any load thereon, or any mechanical device, whether a temporary or permanent part of the vehicle, extends beyond the front bumpers thereof the extreme front corners of such projection shall at the times specified in Section 12-10-1.3 be indicated by amber lights or lanterns visible from a distance of at least five hundred feet to the sides and front. (66-3-824 NMSA 1978)
12-10-1.12 WINDSHIELD MUST BE UNOBSTRUCTED AND EQUIPPED WITH WIPERS.
A. No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon or in the front windshield, windows to the immediate right and left of the driver or in the rear-most window if the latter is used for driving visibility. The rear-most window is not necessary for driving visibility where outside rear-view mirrors are attached to the vehicle.
B. The windshield on every motor vehicle, except a motorcycle, shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
C. Every windshield wiper upon a motor vehicle shall be maintained in good working order. (66-3-846 NMSA 1978)
12-10-1.13 PROHIBITING LUGS. No person shall drive a tractor engine, tractor or vehicle with lugs on the wheels thereof over any paved street without first obtaining the written permission of the administrator.
12-10-1.14 PERMISSION TO USE EMERGENCY EQUIPMENT ON OTHER THAN OFFICIAL
VEHICLES. No person shall operate a vehicle other than an official vehicle, equipped with any red lights mounted so as to project a beam in a forward direction, or a siren, unless written permission of the Marshall or his designated representative is first obtained.
12-10-1.15 RESERVED
12-10-1.16 BRAKES.
A. Brake equipment is required as follows:
1. every motor vehicle, other than a motorcycle, when operated upon a street shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels;
2. every motorcycle when operated upon a street, shall be equipped with at least two brakes which may be operated by hand or foot;
3. every bus, truck, truck tractor, road tractor, trailer and semi-trailer, and pole trailer shall be equipped with brakes on all wheels in contact with road surfaces except:
a. trailers, semi-trailers and pole trailers of a gross weight of less than three thousand pounds;
b. any vehicle being towed in a driveaway-towaway operation; provided, the combination of vehicles is capable of complying with the performance requirements of Subsection B of this section;
c. trucks, truck tractors and road tractors having three or more axles need not have brakes on the front wheels, except when such vehicles are equipped with at least two steerable axles the wheels of one such axle need not be equipped with brakes;
d. house-moving dollies subject to regulations adopted by the secretary of transportation under the Motor Transportation Act; and
e. motor vehicles of the types named in this section hereinabove, heretofore manufactured prior to July 1, 1963;
4. every house trailer of a gross weight in excess of three thousand pounds, registered in the state, shall be equipped with brakes on at least two wheels in contact with road surfaces. Every house trailer of a gross weight of three thousand pounds or more, when operated upon a highway or street, shall be equipped with brakes adequate to control the movement of, and to stop and to hold, such vehicle, and so designed as to be applied by the driver of the towing motor vehicle;
5. every bus, truck, road tractor or truck tractor shall be equipped with parking brakes capable of locking the rear driving wheels and adequate under any condition of loading to hold, to the limit of traction of such braked wheels, such vehicle or combination of vehicles to which such motor vehicle may be attached. The operating controls of such parking brakes shall be independent of the operating controls of the service brakes;
6. in any combination of motor-drawn vehicles, means shall be provided for applying the rearmost trailer brakes, of any trailer equipped with brakes, in approximate synchronism with brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost trailer equipped with brakes; or both of the above means capable of being used alternatively may be employed; and
7. the brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
B. Every motor vehicle or combination of motor-drawn vehicles shall be capable, at all times and under all conditions of loading, of being stopped on a dry, smooth, level road, free from loose material, upon application of the service brake, within the distance specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances:
Feet to stop from Deceleration in
20 miles per ft. per
hour second
Vehicles or combinations of
vehicles having brakes on all wheels . . 30 14
Vehicles or combinations of
vehicles not having brakes on all wheels . . 40 10.7
C. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. (66-3-840 NMSA 1978)
12-10-1.17 HORNS AND WARNING DEVICES.
A. Every motor vehicle when operated upon a street shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall be used which does not produce a harmonious sound. The driver of a motor vehicle shall, when reasonably necessary to ensure safe operation, give audible warning with his horn but shall not otherwise use such horn when upon a street.
B. No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or bell except as otherwise permitted in this section.
C. It is permissible, but not required, that any commercial vehicle be equipped with a theft-alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal.
D. Any authorized emergency vehicle may be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than five hundred feet and of a type approved by the division, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound said siren when reasonably necessary to warn pedestrians and other drivers of the approach thereof. (66-3-843 NMSA 1978)
12-10-1.18 MIRRORS. Every motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle. (66-3-845 NMSA 1978)
12-10-1.19 APPLICATION OF SUCCEEDING SECTIONS. Sections 12-10-1.20, 12-10-1.21, 12-10-1.27, 12-10-1.33 and 12-10-1.34 shall apply in lieu of Sections 12-10-1.5A,B,C, 12-10-1.7A,B,C and 12-10-1.8 as to passenger buses, trucks, truck tractors, road tractors, and such trailers, semi-trailers and pole trailers provided for therein, when operated upon any street, and said vehicles shall be equipped as required. All lamp equipment required shall be lighted at the times mentioned in Section 12-10-1.3 of this ordinance. (66-3-808 NMSA 1978)
12-10-1.20 ADDITIONAL EQUIPMENT REQUIRED. Every bus or truck less than eighty inches in over-all width shall be equipped as follows:
A. on the front: two headlamps; and
B. on the rear: one red tail lamp; one red or amber stop lamp; two red reflectors, one at each side. (66-3-809 NMSA 1978)
12-10-1.21 COLOR OF CLEARANCE LAMPS, SIDE-MARKER LAMPS AND REFLECTORS. Every bus or truck eighty inches or more in over-all width shall be equipped as follows:
A. on the front: two headlamps; two amber clearance lamps, one at each side;
B. on the rear: one red tail lamp; one red or amber stop lamp; two red clearance lamps, one at each side; two red reflectors, one at each side.
C. all lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a back-up lamp shall be white or amber; and
D. on each side: one amber side-marker lamp, located at or near the front; one red side-marker lamp, located at or near the rear; one amber reflector, located at or near the front; one red reflector, located at or near the rear. (66-3-810 NMSA 1978)
12-10-1.22 LAMPS AND REFLECTORS--TRUCK TRACTORS AND ROAD TRACTORS. Every truck tractor and road tractor shall be equipped as follows:
A. on the front: two headlamps; two amber clearance lamps, one at each side; and
B. on the rear: one red tail lamp; one red or amber stop lamp. (66-3-811 NMSA 1978)
12-10-1.23 LAMPS AND REFLECTORS--LARGE SEMI-TRAILERS, FULL TRAILERS AND HOUSE TRAILERS.
A. Every semi-trailer, full trailer or house trailer eighty inches or more in over-all width shall be equipped as follows:
1. on the front: two amber clearance lamps; one at each side;
2. on the rear: one red tail lamp; one red or amber stop lamp; two red clearance lamps, one at each side; two red reflectors, one at each side; and
3. on each side: one amber side-marker lamp, located at or near the front; one red side-marker lamp, located at or near the rear; one amber reflector, located at or near the front; one read reflector, located at or near the rear.
B. Side-marker lamps may be in combination with clearance lamps and may use the same light source. (66-3-812 NMSA 1978)
12-10-1.24 LAMPS AND REFLECTORS--SMALL SEMI-TRAILERS, HOUSE TRAILERS AND TRAILERS. Every semi-trailer, house trailer or trailer less than eighty inches in over-all width shall be equipped as follows: on the rear--one red tail lamp; two red reflectors, one at each side; one red or amber stop lamp, if the semi-trailer, house trailer or trailer obscures the stop lamp on the towing vehicle. (66-3-813 NMSA 1978)
12-10-1.25 LAMPS AND REFLECTORS--POLE TRAILERS. Every pole trailer shall be equipped as follows:
A. on the rear: one red tail lamp, two red reflectors, one at each side, placed to indicate extreme width of the pole trailer; and
B. on each side, on the rearmost support for the load: one combination marker lamp showing amber to the front and red to the side and rear, mounted to indicate the maximum width of the pole trailer; and red reflector, located at or near the rear; and on pole trailers thirty feet or more in over-all length, an amber marker lamp on each side near the center. (66-3-814 NMSA 1978)
12-10-1.26 LAMPS AND REFLECTORS--COMBINATIONS IN DRIVEAWAY-TOWAWAY OPERATIONS. Combinations of motor vehicles, as enumerated in Section 12-10-1.19 of this ordinance, engaged in driveaway-towaway operations shall be equipped as follows:
A. On towing vehicle;
1. on the front, two head lamps and two amber clearance lamps, one at each side;
2. on each side and near the front, one amber side-marker lamp;
3. on the rear, one red tail lamp; one red or amber stop lamp; and
4. provided, however, that vehicles of less than eighty inches in width shall be equipped as provided in Section 12-10-1.20 of this ordinance.
B. On the towed vehicles of a tow-bar combination, the towed vehicle of a single saddle-mount combination and on the rearmost towed vehicle of a double saddle-mount combination:
1. on each side, and near the rear, one red side-marker lamp; and
2. on the rear, one red tail lamp; two red clearance lamps, one at each side; one red or amber stop lamp; two red reflectors, one at each side.
C. On the first saddle-mount of a double saddle-mount combination: one each side and near the rear, one amber side-marker lamp.
D. Combinations of vehicles less than eighty inches in width in driveaway-towaway operations shall carry lamp and reflectors as required in Section 12-10-1.20 of this ordinance. (66-3-815 NMSA 1978)
12-10-1.27 MOUNTING OF REFLECTORS, CLEARANCE LAMPS AND SIDE-MARKER LAMPS.
A. Reflectors required by Section 12-10-1.20 and 12-10-1.21 of this ordinance shall be mounted upon the motor vehicle at a height of not less than twenty-four inches nor more than sixty inches above the ground on which the motor vehicle stands, except that reflectors shall be mounted as high as practicable on motor vehicles which are so constructed as to make compliance with the twenty-four-inch requirements impractical. They shall be so installed as to perform their function adequately and reliably and, except for temporary reflectors required for vehicles in driveaway-towaway operations, all reflectors shall be permanently and securely mounted in workmanlike manner so as to provide the maximum of stability, and the minimum likelihood of damage. Required reflectors otherwise properly mounted may be securely installed with flexible strapping or belting provided that under conditions of normal operation they reflect light in the required directions. Required temporary reflectors mounted on motor vehicles during the time they are in transit in any driveaway-towaway operations must be firmly attached.
B. All reflectors on the rear and those nearest to the rear on the sides, except those referred to in Subsection C of this section, shall reflect a red color; all other reflectors, except those referred to in Subsection C of this section, shall reflect an amber color; provided that this requirement shall not be construed to prohibit the use of motor vehicles in combination if such motor vehicles are severally equipped with reflectors as required by Section 12-10-1.20 through 12-10-1.26 of this ordinance.
C. Retroreflective surface, other than required reflectors, may be used, provided:
1. designs do not resemble traffic control signs, lights or devices, except that straight edge stripping resembling a barricade pattern may be used;
2. designs do not tend to distort the length or width of the motor vehicle;
3. such surfaces shall be at least three inches from any required lamp or reflector unless of the same color as such lamp or reflector;
4. no red color shall be used on the front of any motor vehicle; and
5. no provision of this subsection shall be so construed as to prohibit the use of retroreflective registration plates required by any state or local authorities. (66-3-816 NMSA 1978)
12-10-1.28 CLEARANCE LAMPS TO INDICATE EXTREME WIDTH, HEIGHT AND LENGTH. Clearance lamps shall, so far as is practicable, be mounted as to indicate the extreme width, height and length of the motor vehicle; except that clearance lamps on truck-tractors shall be so located as to indicate the extreme width of the truck-tractor cab. (66-3-817 NMSA 1978)
12-10-1.29 SIDE-MARKER LAMPS COMBINED WITH CLEARANCE LAMPS. Side-marker lamps may be combined with clearance lamps and may use the same light source. (66-3-818 NMSA 1978)
12-10-1.30 COMBINATION TAIL AND STOP LAMPS. Except as required by 12-10-1.29 of this ordinance tail lamps may be incorporated in the same housing with stop lamps so long as the requirements for each are fulfilled. (66-3-819 NMSA 1978)
12-10-1.31 LIGHTING DEVICES TO BE ELECTRIC. Lighting devices shall be electric, except that red liquid burning lanterns may be used on the end of load in the nature of poles, pipes, and ladders projecting to the rear of the vehicle. (66-3-820 NMSA 1978)
12-10-1.32 REQUIREMENTS FOR HEADLAMPS AND AUXILIARY ROAD LIGHTING LAMPS.
A. Headlamps and lamps or auxiliary road lighting lamps shall be mounted so that the beams are readily adjustable, both vertically and horizontally, and the mounting shall be such that the aim is not readily disturbed by ordinary conditions of service.
B. Every bus, truck or truck-tractor shall be equipped with two single-beam headlamps supplemented by two auxiliary single-beam headlamps furnishing, respectively, an upper and lower distribution of light, also selectable at the driver's will.
C. Headlamps shall be constructed and installed so as to comply with the provisions of Sections 12-10-1.39 through 12-10-1.41 of this ordinance. (66-3-821 NMSA 1978)
12-10-1.33 REQUIREMENTS FOR CLEARANCE, SIDE-MARKER AND OTHER LAMPS.
A. Except for temporary side-marker and clearance lamps on motor vehicles, as enumerated in Section 66-3-808 NMSA 1978, being transported in driveaway-towaway operations, temporary electric lamps on projecting loads, and temporary marker lamps on pole trailers, all lamps shall be permanently and securely mounted in workmanlike manner on a permanent part of the motor vehicle. All clearance lamps and side-marker lamps must be firmly attached.
B. Clearance, side-marker, tail and projecting load-marker lamps shall be so mounted as to be capable of being seen from a distance of at least five hundred feet under clear atmospheric conditions during the time lamps are required to be lighted. The light from front clearance lamps shall be visible to the front and that from side-marker lamps to the side, that from rear clearance and tail lamps to the rear. This section shall not be construed to apply to lamps which are obscured by another unit or a combination of vehicles.
C. Clearance, side-marker, tail and projecting load-marker lamps shall be constructed and installed so as to provide an adequate and reliable warning signal. (66-3-822 NMSA 1978)
12-10-1.34 OBSTRUCTED LIGHTS NOT REQUIRED. Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp, except tail lamps, need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination; but, this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted. (66-3-823 NMSA 1978)
12-10-1.35 LAMPS ON PARKED VEHICLES.
A. Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half-hour after sunset and half-hour before sunrise and in the event there is sufficient light to reveal any person of object within a distance of five hundred feet upon such street or highway no lights need to be displayed upon such parked vehicle.
B. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half-hour after sunset and a half-hour before sunrise and there is not sufficient light to reveal any person or object within a distance of five hundred feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements: at least one lamp shall display a white or amber light visible from a distance of five hundred feet to the front of the vehicle, and same lamp or at least one other lamp shall display a red light visible, from a distance of five hundred feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle.
C. Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. (66-8-825 NMSA 1978)
12-10-1.36 LAMPS ON OTHER VEHICLES AND EQUIPMENT.
A. All vehicles, including animal-drawn vehicles, not specifically required by the provisions of this ordinance to be equipped with lamps, shall at the time specified in 12-10-1.3 of this ordinance hereof be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of five hundred feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred feet to the rear.
B. Every farm tractor not equipped with an electric lighting system shall at all times mentioned in Section 12-10-1.3 of this ordinance be equipped with lamps or lanterns meeting the requirements of Subsection A above. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Section 12-10-1.3 of this ordinance display a red tail lamp and either multiple-beam or single-beam headlamps meeting the requirements of Sections 12-10-1.7, 12-10-1.39 and 12-10-1.41 of this ordinance.
C. All combinations of tractors and towed farm equipment shall, in addition to the lighting equipment required by Subsection B above, be equipped with a lamp or lamps displaying a white or amber light visible from a distance of five hundred feet to the front and red light visible from a distance of five hundred feet to the rear, and said lamp or lamps shall be installed or capable of being positioned so that visibility from the rear is not obstructed by the towed equipment and so as to indicate the furthest projection of said towed equipment on the side of the road used by other vehicles in passing such combinations. And further, all such towed farm equipment shall be equipped either with two tail lamps displaying a red light visible from a distance of the five hundred feet to the rear or two red reflectors visible from a distance of fifty to five hundred feet to the rear when illuminated by the upper beam of headlamps, and the location of such lamps or reflectors shall be such as to indicate as nearly as practicable the extreme left and right rear projections of said towed equipment on the street. (66-3-826 NMSA 1978)
12-10-1.37 SPOT LAMPS AND AUXILIARY LAMPS.
A. Any motor vehicle may be equipped with not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle; provided, however, that lighted spot lamps shall be turned off at least five hundred feet from approaching motor vehicles.
B. Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than twelve inches nor more than thirty inches above the level surface upon which the vehicle stands and so aimed, when the vehicle is not loaded, that none of the high-intensity portion of the light to the left of the center of the vehicle shall, at a distance of twenty-five feet ahead, project higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower headlamp beams as specified in Section 12-10-1.39B of this ordinance.
C. Any motor vehicle may be equipped with not to exceed one auxiliary passing lamp mounted on the front at a height not less than twenty-four inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of Section 12-10-1.39 of this ordinance shall apply to any combination of headlamps and auxiliary passing lamps.
D. Any motor vehicle may be equipped with not to exceed one auxiliary driving lamp mounted on the front at a height not less than sixteen inches nor more than forty-two inches above the level surface upon which the vehicle stands. Any lighted auxiliary driving lamp shall be turned off at least five hundred feet from approaching motor vehicles. The provisions of Section 12-10-1.39 of this ordinance shall apply to any combination of headlamps and auxiliary driving lamp. (66-3-827 NMSA 1978)
12-10-1.38 ADDITIONAL LIGHTING EQUIPMENT.
A. Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare.
B. Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each side thereof which shall emit a white or amber light without glare.
C. Any motor vehicle may be equipped with not more than two back-up lamps either separately or in combination with other lamps, but any such back-up lamp shall not be lighted when the motor vehicle is in forward motion. (66-3-829 NMSA 1978)
12-10-1.39 MULTIPLE BEAM ROAD LIGHTING EQUIPMENT. Except as hereinafter provided, the headlamps or the auxiliary driving lamps or the auxiliary passing lamp, or combinations thereof, on motor vehicles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
A. There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet ahead for all conditions of loading.
B. There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
C. Every new motor vehicle registered in this state after July 1, 1953, which has multiple beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlamps is in use, and shall not otherwise be lighted. The indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. (6-3-830 NMSA 1978)
12-10-1.40 USE OF MULTIPLE BEAM ROAD LIGHTING EQUIPMENT. Whenever a motor vehicle is being operated on a street or shoulder adjacent thereto during the times specified in Section 12-10-1.3 of this ordinance, the driver shall use all distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at safe distance in advance of the vehicle, subject to the following requirements and limitations:
A. Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver.
B. The lowermost distribution of light specified in Section 12-10-1.39B of this ordinance shall be deemed to avoid glare at all times, regardless of road contour and loading.
C. Whenever the driver of a vehicle overtakes another vehicle proceeding in the same direction and within two hundred feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected through the rear window of the overtaken vehicle. (66-3-831 NMSA 1978)
12-10-1.41 SINGLE BEAM ROAD LIGHTING EQUIPMENT. Headlamps arranged to provide a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to July 1, 1953, in lieu of multiple beam road lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations:
A. The headlamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of twenty-five feet ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches above the level of which the vehicle stands at a distance of seventy-five feet ahead.
B. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet. (66-3-832 NMSA 1978)
12-10-1.42 ALTERNATE ROAD LIGHTING EQUIPMENT. Any motor vehicle may be operated under the conditions specified in Section 12-10-1.3 of this ordinance when equipped with two lighted lamps upon the front thereof capable of revealing persons and objects seventy-five feet ahead in lieu of lamps required in Sections 12-10-1.39 or 12-10-1.41 of this ordinance; provided, however, that at no time shall it be operated at a speed in excess of twenty miles an hour. (66-3-833 NMSA 1978)
12-10-1.43 NUMBER OF DRIVING LAMPS REQUIRED OR PERMITTED.
A. At all times specified in Section 12-10-1.3 of this ordinance, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a motorcycle or motor-driven cycle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.
B. Whenever a motor vehicle equipped with headlamps as herein required is also equipped with any auxiliary lamp or spot lamps or any other lamp on the front thereof projecting a beam of intensity greater than three hundred candle power, not more than a total of four or any such lamps on the front of a vehicle shall be lighted at any one time when upon a street. (66-3-834 NMSA 1978)
12-10-1.44 SPECIAL RESTRICTIONS ON LAMPS.
A. Lighted lamps or illuminating devices upon a motor vehicle other than headlamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps and school bus warning lamps, which project a beam of light of an intensity greater than three hundred candle power shall be directed so that no part of the high-intensity portion of the beam strikes the level of the street on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.
B. No person shall drive or move upon any street, any vehicle or equipment with a lamp or device thereon displaying a red light visible from directly in front of the center of the vehicle or equipment. This section does not apply to any vehicle upon which a red light visible from the front is expressly authorized or required by the New Mexico Motor Vehicle Code.
C. Flashing lights are prohibited except as provided in Subsection D of this section and except on authorized emergency vehicles, school buses, snow-removal equipment and highway-marking equipment. Flashing red lights may be used as warning lights on disabled or parked vehicles and on any vehicle as a means of indicating turn.
D. Tow cars standing on streets for the purpose of removing, and actually engaged in removing, disabled vehicles, and while engaged in towing any disabled vehicle, may display flashing lights. This shall not be construed as permitting the use of flashing lights by tow cars in going to or returning from the location of disabled vehicles unless actually engaged in towing a disabled vehicle.
E. Only fire department vehicles, law enforcement agency vehicles, ambulances and school buses shall display flashing red lights visible from the front of the vehicle. All other vehicles authorized by the New Mexico Vehicle Code to display flashing lights visible from the front of the vehicle may use any other color of light that is visible. (66-3-835 NMSA 1978)
12-10-1.45 LIGHTS ON SNOW REMOVAL EQUIPMENT. It shall be unlawful to operate any snow removal equipment on any street unless the lamps thereon comply with and are lighted when and as required by the standards and specifications adopted by the State Highway Commission as provided in Section 66-3-836 NMSA 1978. (66-3-836 NMSA 1978)
12-10-1.46 MEANING OF THE TERM "MOTOR VEHICLE" AS USED IN SECTIONS 12-10-1.47 THROUGH 12-10-1.51 OF THIS ORDINANCE--UNATTENDED VEHICLES.
A. For the purposes of Sections 12-10-1.47 through 12-10-1.51 of this ordinance "motor vehicle" means every bus, truck tractor, road tractor,, and every driven vehicle in driveaway-towaway operations, required by Section 12-10-2 of this ordinance to have emergency equipment thereon.
B. No motor vehicle shall be left unattended until the parking brake has been securely set. All reasonable precautions shall be taken to prevent the movement of any vehicle left unattended. (66-3-851 NMSA 1978)
12-10-1.47 STOPPED VEHICLES NOT TO INTERFERE WITH OTHER TRAFFIC. No motor vehicle shall be stopped, parked, or left standing, whether attended or unattended, upon the traveled portion of any street outside of a business or residence district, when it is practicable to stop, park, or leave such vehicle off the traveled portions of the street. In the event that conditions make it impracticable to move such motor vehicle from the traveled portion of the street, the driver shall make every effort to leave all possible width of the street opposite the standing vehicle for the free passage of other vehicles and he shall take care to provide a clear view of the standing vehicle as far as possible to the front and rear. (66-3-853 NMSA 1978)
12-10-1.48 EMERGENCY SIGNALS--DISABLED VEHICLE. Whenever any motor vehicle is disabled upon the traveled portion of any street or the shoulder thereof, when lighted lamps are required, except where there is sufficient street lighting to make it clearly discernible to persons and vehicles on the street at a distance of five hundred feet, the following requirements shall be observed:
A. The driver of such vehicle shall immediately place on the traveled portion of the street at the traffic side of the disabled vehicle, a lighted fusee and lighted red electric lantern, or a red emergency reflector.
B. Except as provided in Subsections C and D of this section, as soon thereafter as possible, but in any event within the burning period of the fusee, the driver shall place three liquid-burning flares or pot torches, or three red emergency reflectors on the traveled portion of the street in the following order:
1. one at a distance of approximately one hundred feet from the disabled vehicle in the center of the traffic lane occupied by such vehicle and toward traffic approaching in that lane;
2. one at a distance of approximately one hundred feet in the opposite direction from the disabled vehicle in the center of the traffic lane occupied by such vehicle; and
3. one at the traffic side of the disabled vehicle, not less than ten feet to the front or rear thereof. If a red electric lantern or red emergency reflector has been placed on the traffic side of the vehicle in accordance with Subsection A of this section, it may be used for this purpose.
C. If disablement of any motor vehicle shall occur within five hundred feet of a curve, crest of a hill, or other obstruction to view, the driver shall so place the warning signal in that direction as to afford ample warning to other users of the street, but in no case less than one hundred feet nor more than five hundred feet from the disabled vehicle.
D. If gasoline or any other flammable or combustible liquid or gas seeps or leaks from a fuel container of a motor vehicle disabled or otherwise stopped upon a street, no emergency warning signal producing a flame shall be lighted or placed except at such a distance from any such liquid or gas as will assure the prevention of a fire or explosion. (66-3-853 NMSA 1978)
12-10-1.49 NON-EMERGENCY SIGNALS--STOPPED OR PARKED VEHICLES. Whenever for any cause other than disablement or necessary traffic stops, any motor vehicle is stopped upon the traveled portion of any street, or shoulder thereof, during the time lights are required, except where there is sufficient street lighting to make clearly discernible persons and vehicles on the street at a distance of five hundred feet, the following requirements shall be observed:
A. The driver of such vehicle shall immediately place on the traveled portion of the street at the traffic side of the vehicle, a lighted fusee and lighted red electric lantern, or a red emergency reflector.
B. If the stop is to exceed ten minutes, the driver shall place emergency signals as required and in the manner prescribed by Section 12-10-1.48 of this ordinance. (66-3-854 NMSA 1978)
12-10-1.50 EMERGENCY SIGNALS--FLAME PRODUCING. No driver shall attach or permit any person to attach a lighted fusee or other flame producing emergency signal to any part of a motor vehicle. (66-3-855 NMSA 1978)
12-10-1.51 EMERGENCY SIGNALS--DANGEROUS CARGOES. No driver shall use or permit the use of any flame producing emergency signal for protecting any motor vehicle transporting explosives, any cargo tank motor vehicle used for the transportation of any flammable liquid or flammable compressed gas, whether loaded or empty; or any motor vehicle using compressed gas as a motor fuel. In lieu thereof, red electric lanterns or red emergency reflectors shall be used, the placement of which shall be in the same manner a prescribed in Section 12-10-1.48 of this ordinance. (66-3-856 NMSA 1978)
12-10-2 TRANSPORTING OR HANDLING EXPLOSIVES OR DANGEROUS ARTICLES.
A. Any person operating any vehicle transporting explosives or other dangerous articles, as defined in the New Mexico Motor Vehicle Code, as cargo upon a street shall comply with the provisions of Sections 66-3-858 through 66-3-873 NMSA 1978 with respect to marking of vehicles. (66-3-858 NMSA 1978)
B. No motor vehicle transporting any explosive or any other dangerous article shall be left unattended upon any street in any residence or business district except when the driver is engaged in the performance of normal operations incident to his duties as an operator of the vehicle to which he is assigned; provided, however, the Marshall may except any street in any business district from the operation of this subsection.
C. Drivers of motor vehicles transporting explosives, inflammable liquids, or inflammable, noxious or toxic compressed gasses in cargo tanks, shall avoid, so far as practicable, driving into or through congested streets, places where crowds are assembled and dangerous crossings. So far as practicable this shall be accomplished by prearrangement of routes.
D. No blasting caps or other materials designed and used for detonating charges or explosives may be transported in or on a vehicle with any explosive.
E. The administrator shall enforce such rules and regulations adopted and promulgated by the director with respect to the transportation of compressed gasses and corrosive liquids by tank vehicle upon the public street. (66-3-873 NMSA 1978)
12-10-3 REGULATING THE KINDS AND CLASSES OF TRAFFIC ON THE STREETS.
12-10-3.1 RESTRICTIONS UPON USE OF STREETS BY CERTAIN VEHICLES.
A. The administrator may determine and designate those heavily traveled streets upon which shall be prohibited the use of the street by motor driven cycles, bicycles, horse-drawn vehicles or other non-motorized traffic and shall erect appropriate signs giving notice thereof.
B. When signs are erected giving notice of the restrictions, no person shall disobey the restrictions stated on the signs.
12-10-3.2 MINIMUM VEHICLE SIZE.
A. It is unlawful to operate on the streets of this municipality any motor vehicle:
1. with a wheelbase, between two axles, of less than three feet seven inches; (66-7-405 NMSA 1978)
2. any motorcycle with less than a twenty-five (25) inch seat height measured from the ground to the lowest point on top of the seat cushion, without a rider.
B. For the purpose of this section, wheelbase shall be measured upon a straight line from center to center of the vehicle axles. (66-7-405 NMSA 1978)
12-10-3.3 PROJECTING LOADS ON PASSENGER VEHICLES. No passenger-type vehicle, except a motorcycle, shall be operated on any street with any load carried thereon extending beyond the line of the fenders on the left side of the vehicle nor extending more than six (6) inches beyond the line of the fenders on the right side of the vehicle. (66-7-403 NMSA 1978)
12-10-3.4 SPECIAL PROJECTING LOAD LIMITS. The load upon any vehicle operated alone or the load upon the front vehicle of a combination of vehicles shall not extend more than three feet beyond the foremost part of the vehicle, and the load upon any vehicle operated alone or the load upon the rear vehicle of a combination of vehicles shall not extend more than seven feet beyond the rear of the bed or body of such vehicle. (66-7-406 NMSA 1978)
12-10-3.5 TRAILERS AND TOWED VEHICLES.
A. When one vehicle is towing another the drawbar or other connection shall be of sufficient strength to pull all weight towed thereby. When a combination of vehicles are engaged in transporting poles, pipe, machinery or other objects of structural nature which cannot readily be dismembered, the load shall be distributed so as to equalize the weights on the axle of each vehicle insofar as possible.
B. When one vehicle is towing another and the connection consists of a chain, rope or cable, there shall be displayed upon such connection a white flag or cloth not less than twelve inches square. (66-7-408 NMSA 1978)
12-10-3.6 WIDTH OF VEHICLES.
The total outside width of any vehicle or its load, excepting mirrors, shall not exceed eight feet six inches. Safety devices up to three inches on either side of the vehicle are also excepted. (66-7-402 NMSA 1978)
12-10-3.7 HEIGHT AND LENGTH OF VEHICLES AND LOADS.
A. No vehicle, shall exceed a height of fourteen feet.
B. No vehicle, shall exceed a length of forty feet extreme over-all dimension, exclusive of front and rear bumpers, except when operated in combination with another vehicle as provided in this section. No combination of vehicles, unless otherwise exempted in this section, shall exceed an overall length of sixty-five feet, exclusive of front and rear bumpers.
C. No combination of vehicles coupled together shall consist of more than two units, except:
1. a truck tractor and semi-trailer shall be permitted to pull one trailer;
2. a vehicle shall be permitted to pull two units, provided that the middle unit is equipped with brakes and has a weight equal to or greater than the last unit and the total combined gross weight of the towed units does not exceed the manufacturer's stated gross weight of the towing units;
3. a double or triple saddle-mount or fifth wheel mount of vehicles in transit by driveway-towaway methods shall be permitted;
4. vehicles and trailers operated by or under contract for municipal refuse systems;
5. farm trailers, implements of husbandry and fertilizer trailers operated by or under contract to a farmer or rancher in his farming or ranching operations; and
6. as provided in Subsection D and E of this section.
D. Exclusive of safety and energy conservation devices, refrigeration units and other devices such as coupling devices, vehicles operating a truck tractor semitrailer or truck tractor semitrailer-trailer combinations on the interstate highway system and those qualifying federal aid primary system highways designated by the secretary of the United States department of transportation, pursuant to the United States Surface Transportation Assistance Act of 1982, Public Law 97-424, Section 411, and on those highways designated by the department by rule or regulation with the concurrence of the state highway and transportation department may exceed an overall length limitation of sixty-five feet, provided that the length of the semitrailer in a truck tractor semitrailer combination does not exceed forty-eight feet and the length of the semitrailer or trailer in a truck tractor semitrailer-trailer combination does not exceed twenty-eight and one-half feet. The department shall adopt rules and regulations granting reasonable access to terminals, facilities for food, fuel, repairs and rest and points of loading and unloading for household goods carriers to vehicles operating in combination pursuant to this subsection. As used in this subsection, "truck tractor" means a non-cargo carrying power unit designed to operate in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the truck tractor.
E. Notwithstanding any other subsection of this section, any trailer or semitrailer combination of such dimensions as those that were in actual and lawful use In this state on December 1, 1982 may be lawfully operated on the highways of this state.
12-10-3.8 EXCEPTIONS ON SIZE, WEIGHT AND LOAD. The provisions of Sections 12-10-3.1 through 12-10-3.7 of this ordinance governing size, weight and load shall not apply to fire apparatus, road machinery engaged in street construction or maintenance, or to implements of husbandry, including farm tractors, temporarily moved upon a street, or to a vehicle operated under the terms of a special permit issued as herein provided. (66-7-401 NMSA 1978)
12-10-4 DISPLAY OF CURRENT VALID REGISTRATION PLATE.
A. It is a violation of this ordinance for any person to drive or park upon a public street or public parking area of this municipality any motor vehicle or trailer which does not display one or more visible current valid registration plates as required by state law.
B. The registration plate shall be attached to the rear of the vehicle for which it is issued; however, the registration plate shall be attached to the front of a road tractor or truck tractor. The plate shall be securely fastened at all times, in a fixed horizontal position, at a height of not less than twelve inches from the ground, measuring from the bottom of the plate. It shall be in a place and position so as to be clearly visible, and it shall be maintained free from foreign material and in a condition to be clearly legible.
C. No vehicle, while being operated on the streets of this municipality, shall have displayed thereon, either on the front or the rear thereof, any license plate, including tab or sticker, other than one issued, or validated, for the current registration period, by the division or any other licensing authority having jurisdiction over the vehicle. No expired license plate, tab or sticker shall be displayed on such vehicle, other than an expired special license plate which may be exhibited on the front of the vehicle. (66-3-18 NMSA 1978)
D. Nothing contained herein shall be construed as prohibiting the use, on the front of the vehicle, of a promotional or advertising plate. (66-3-18 NMSA 1978)
E. Any police officer may, upon discovering that the registration plate of any vehicle is illegible because of wear or damage or other causes, issue a citation to the owner or operator of the vehicle. The citation shall provide that the owner shall, within thirty days from the date of the citation, apply for and obtain a duplicate or replacement plate from the division. (66-3-17 NMSA 1978)
F. Any motor vehicle owner who has been issued a citation for an illegible registration plate and who fails to comply with the terms of the citation requiring the acquisition of a duplicate or replacement plate within thirty days of the date of the citation is guilty of a misdemeanor. (66-8-10 NMSA 1978)
12-10-5 EVIDENCE OF REGISTRATION TO BE SIGNED AND EXHIBITED ON DEMAND. Every owner, upon receipt of registration evidence, shall write his signature thereon in a space provided. Every such registration evidence or duplicates thereof validated by the division shall be exhibited upon demand of any police officer. (66-3-13 NMSA 1978)
12-10-6 MANDATORY FINANCIAL RESPONSIBILITY.
A. Every owner or operator of a vehicle subject to the requirements of the Mandatory Financial Responsibility Act of the State of New Mexico and the requirements of this Ordinance, shall carry evidence of financial responsibility, as defined in the Act and in this Section, in the vehicle at all times while the vehicle is in operation on the streets, public ways and highways of the municipality.
B. "Evidence of Financial Responsibility", as used in this Section, means evidence of the ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of the evidence, arising out of the ownership, maintenance or use of a vehicle of a type subject to registration under the laws of New Mexico. Evidence of financial responsibility includes a motor vehicle liability policy, a certified motor vehicle liability policy, a surety bond or evidence of a cash deposit with the state treasurer in the amounts specified below:
1. twenty-five thousand dollars ($25,000) because of bodily injury to or death of one person in any one accident;
2. subject to this limit for one person, fifty thousand dollars ($50,000) because of bodily injury to or death of two or more persons in any one accident;
3. ten thousand dollars ($10,000) because of injury to or destruction of property of others in any one accident; and
4. if evidence is in the form of a surety bond or a cash deposit with the state treasurer, the total amount shall be sixty thousand dollars ($60,000).
C. Exemptions--Exempted from the mandatory financial responsibility provisions of this Section are the following:
1. a motor vehicle owned by the United States government, any state or any political subdivision of a state;
2. an implement of husbandry or special mobile equipment which is only incidentally operated upon the streets or highways within the limits of the municipality;
3. a motor vehicle operated upon a street or highway within limits of the municipality only for the purpose of crossing such street or highway from one property to another;
4. a commercial motor vehicle registered or proportionally registered in New Mexico and any other jurisdiction, provided such motor vehicle is covered by a motor vehicle liability policy or certified motor vehicle liability policy or other form of financial responsibility in compliance with the laws of any other jurisdiction in which it is registered;
5. a commercial motor vehicle approved as self-insured by the State Corporation Commission.
D. The office of the municipal court shall notify the Division of Motor Vehicles of the Transportation Department of the State of New Mexico of the conviction of any person violating the provisions of this Section.
E. Penalty. Any person found guilty of violating this Section shall be fined not more than three hundred dollars ($300) or imprisoned for a definite term of less than thirty days (30) or by both such fine and imprisonment; provided however, that no person charged with violating this section shall be convicted if he produces in court evidence of financial responsibility valid at the time of issuance of the citation.
F. When a law enforcement officer issues a driver who is involved in an accident a citation for failure to comply with the provisions of the Mandatory Financial Responsibility Act, the law enforcement officer shall personally at the same time:
1. issue to the driver cited a temporary operation sticker, valid for thirty days after the date the sticker is issued, and forward by mail or delivery to the division a duplicate of the issued sticker; and
2. remove the license plate from the vehicle and send it with the duplicate of the sticker to the division or, if it cannot be removed, permanently deface the plate. (66-5-201 NMSA 1978)
ARTICLE XI - TRAFFIC VIOLATIONS BUREAU
12-11-1 Traffic Violations Bureau Created
12-11-2 Fines Accepted by the Traffic Violations Bureau
12-11-3 When Person Charged May Elect to Appear at Bureau or Before Municipal Judge
12-11-4 Duties of Traffic Violations Bureau
12-11-1 TRAFFIC VIOLATIONS BUREAU CREATED.
A. A traffic violations bureau is established to assist the municipal court in its administrative work.
B. The personnel of the bureau shall be responsible to the municipal judge.
C. The bureau shall be open at such hours as the municipal judge may designate.
12-11-2 FINES ACCEPTED BY THE TRAFFIC VIOLATIONS BUREAU.
A. The municipal judge who hears traffic cases shall designate by rule as provided in the Rules of Procedure for the Municipal Courts, adopted by the New Mexico Supreme Court, as amended, the specified offenses under the traffic ordinance of this municipality in respect to which payments of fines may be accepted by the traffic violations bureau.
B. The municipal judge shall specify by rule as provided in the Rules of Procedure for the Municipal Courts, adopted by the New Mexico Supreme Court, as amended, suitable schedules of the amount of the fines for first, second and subsequent offenses, provided the fines are within the limits declared by law or ordinance, and shall further specify what number of offenses shall require appearance before the judge.
12-11-3 WHEN PERSON CHARGED MAY ELECT TO APPEAR AT BUREAU OR BEFORE MUNICIPAL JUDGE.
A. Any person charged with an offense for which payment of a fine may be made to the traffic violations bureau under the foregoing provisions shall have the option of:
1. paying the fine within the time specified in the notice of arrest at the traffic violations bureau upon entering a plea of guilty and upon waiving appearance in court; or
2. depositing any bail required as provided in the Rules of Procedure for the Municipal Courts, adopted by the New Mexico Supreme Court, as amended, and upon a plea of not guilty shall be entitled to a trial as authorized by law.
B. For the purpose of this ordinance, the payment of a fine to the traffic violations bureau shall be deemed an acknowledgment of conviction of the alleged offense. The traffic violations bureau, upon accepting the prescribed fine, shall issue a receipt to the violator acknowledging payment of the fine.
12-11-4 DUTIES OF TRAFFIC VIOLATIONS BUREAU.
A. The traffic violations bureau shall accept designated fines, issue receipts and represent in court violators who are permitted and who desire to plead guilty, waive appearance and give power of attorney.
B. The traffic violations bureau shall receive and issue receipts for cash bail from the persons who must or wish to be heard in court, enter the time for their appearance on the court docket and notify the arresting officer or the municipal attorney or the liaison officer if any are to be present.
C. The traffic violations bureau shall keep a record of all violations of the traffic ordinance together with a record of a final disposition of all such alleged offenses:
1. the record shall be maintained to show all types of violations and the total of each; and
2. the record shall accumulate during at least a two-year period and from that time on shall be maintained complete for at least the most recent two-year period.
D. The traffic violations bureau shall study the cases of drivers charged with frequent or serious violations of traffic ordinances or involved in frequent traffic accidents or any one serious accident, shall attempt to discover the reasons therefor and shall take whatever steps are Lawful and reasonable to prevent the recurrence thereof or to have the licenses of the persons suspended or revoked.
E. The traffic violations bureau shall keep records and submit summarized monthly reports to the administrator of all notices issued and arrests made for violations of the traffic ordinances and of all fines collected by the traffic violations bureau of the court and of the final disposition or current status or every case of violations of the provisions of the said ordinances. The records shall be so maintained as to show all types of violations and the totals of each.
F. The traffic violations bureau shall follow such procedures as may be prescribed by the traffic ordinances of this municipality or as may be required by any law of this state.
ARTICLE XII - PENALTIES AND PROCEDURES ON ARREST
12-12-1 Penalties
12-12-1.1 Maximum Penalty
12-12-1.2 Penalty Assessment Program
12-12-1.3 Mandatory Corrections Fee
12-12-2 Forms and Records of Traffic Citations and Arrests
12-12-3 Conduct of Arresting Officer--Notices by Citation
12-12-4 Uniform Traffic Citation is Complaint
12-12-5 Arrest without Warrant
12-12-6 Immediate Appearance before Municipal or Magistrate Judge
12-12-7 Failure to Obey Notice to Appear
12-12-8 Arresting Officer to be in Uniform
12-12-9 Disposition and Records of Traffic Citations
12-12-10 Illegal Cancellation--Audit of Citation Records
12-12-11 Abstract of Traffic Cases--Report on Convictions
12-12-12 Citation on Illegally Parked Vehicle
12-12-13 Failure to Comply with Traffic Citation Attached to Parked Vehicle
12-12-14 Presumption in Reference to Illegal Parking
12-12-15 When Warrant to be Issued
12-12-16 Disposition of Traffic Fines and Forfeitures
12-12-17 Official Misconduct
12-12-18 Authority to Remove or Relocate Vehicles
12-12-19 Abandoned Vehicles on Private Property
12-12-20 Authorized Immobilization of Vehicle
12-12-21 Liability for Damage
12-12-22 Sunday Actions
12-12-1 PENALTIES.
12-12-1.1 MAXIMUM PENALTY. Unless another penalty is expressly provided in this ordinance or as otherwise provided by state law, every person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than 90 days or by both such fine and imprisonment.
12-12-1.2 PENALTY ASSESSMENT PROGRAM.
A. As used in the Code, “penalty assessment misdemeanor” shall mean a violation of any of the following as listed sections of the Code for which the listed penalty assessment is established:
Common Name of Offense Section Penalty
Violated Assessment
FLASHING SIGNALS 12-5-8 $ 15.00
SPEED REGULATIONS 12-6-1
(1) Up to and including ten miles an hour
Over the speed limit. 15.00
(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 15.00
OVERTAKING A VEHICLE ON THE LEFT 12-6-2.3 15.00
LIMITATIONS ON OVERTAKING ON THE LEFT 12-6-2.4 15.00
NO PASSING ZONES AND RESTRICTIONS ON PASSING 12-6-2.7 15.00
FOLLOWING TOO CLOSELY 12-6-2.13 15.00
DRIVING ON DIVIDED STREETS 12-6-2.14 15.00
VEHICLE APPROACHING OR ENTERING INTERSECTION 12-6-4.1 15.00
VEHICLES TURNING LEFT AT INTERSECTION 12-6-4.2 15.00
LIMITATIONS ON TURNING AROUND 12-6-5.5 15.00
STARTING PARKED VEHICLE 12-6-5.7 15.00
TURNING AND STOPPING MOVEMENTS AND
REQUIRED SIGNALS 12-6-5.8 15.00
STOPPING, STANDING AND PARKING 12-6-6 15.00
SPECIAL STOPS REQUIRED 12-6-7 15.00
STOPPING FOR SCHOOL BUS 12-6-7.3 30.00
CARELESS DRIVING 12-6-12.4 50.00
OPERATORS AND CHAUFFEURS MUST BE LICENSED 12-6-12.5 15.00
LIMITATIONS ON BACKING 12-6-12.9 15.00
CHILD NOT IN RESTRAINT DEVICE OR 12-6-13.14 25.00
SAFETY BELT
UNFASTENED SAFETY BELT 12-6-13.13 25.00
POSSESSION OR CONSUMPTION OF ALCOHOLIC
BEVERAGES IN OPEN CONTAINERS -
FIRST OFFENSE 12-6-13.14 25.00
DESTRUCTIVE OR INJURIOUS MATERIAL ON ROADWAY 12-6-13.5 100.00
DRIVERS TO EXERCISE DUE CARE 12-6-14.8 25.00
WHEN LIGHTED LAMPS ARE REQUIRED 12-10-1.3 15.00
HEADLAMPS ON VEHICLES 12-10-1.5 15.00
DIMMING OF LIGHTS 12-10-1.4 15.00
TAIL LAMPS 12-10-1.7 15.00
MUFFLERS, PREVENTION OF NOISE 12-10-1.10 15.00
LAMP OR FLAG ON PROJECTING LOAD 12-10-1.11 15.00
DISPLAY OR CURRENT VALID REGISTRATION PLATE 12-10-4 15.00
EVIDENCE OF REGISTRATION TO BE SIGNED AND
EXHIBITED ON DEMAND 12-10-5 15.00
B. 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.
C. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear, in lieu of a notice or penalty assessment, no fine imposed upon a 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 (90) days.
D. In addition to the penalty assessment established for each penalty assessment misdemeanor pursuant to this section, there shall be assessed a penalty assessment fee of ten dollars ($10.00) to help defray the costs of local government corrections.
E. 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 violated the option of accepting a penalty assessment.
F. The violator’s signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice.
G. Payment of the prescribed penalty assessment is a complete satisfaction of the violation.
H. Payment of any penalty assessment must be made, by mail or in person, to the Village of Taos Ski Valley offices, within five (5) days of the date of issuance.
I. Payment of the penalty assessment is timely if postmarked within the five (5) days prescribed in paragraph D above.
J. The Village offices shall issue a cash receipt when the penalty assessment is paid by currency. Checks or money orders tendered, by the violator upon which payment is received, is sufficient receipt and no further cash receipt need be issued.
K. No record of any penalty assessment payment is admissible as evidence in any court in any civil action.
L. Failure to Pay Penalty Assessment:
1. If a penalty assessment is not paid within five (5) days from the date of issuance, the violator shall be prosecuted for the violation charged on the penalty assessment notice in a manner as if a penalty assessment notice had not been issued, however, the penalty assessment notice may be admitted into evidence as prima facie proof of the violator’s admission of guilt.
2. Upon conviction, the Court shall impose penalties as provided by the New Mexico Uniform Traffic Ordinance, this Code, or other law(s) relating to motor vehicles for the particular offense charged and the Schedule of Penalty Assessments shall not apply.
3. In addition to the prosecution provided for in Section 3A, it is a separate misdemeanor for any person who has elected to pay a penalty assessment to fail to do so within five (5) days from the date of issuance of the penalty assessment notice.
4. The Village offices shall notify the Division of Motor Vehicles of the State of New Mexico when a person fails to pay a penalty assessment within the required period of time. The Division of Motor Vehicles shall record the notice of failure to pay upon the violator’s record and shall not renew the violator’s license to drive until the Village office notifies the Division of Motor Vehicles that the penalty assessment, or its equivalent, as well as any additional penalty (ies) imposed. Have been paid and/or are properly disposed of.
12-12-1.3 MANDATORY CORRECTIONS FEE.
A. Any person convicted of violating any section of this ordinance relating to the operation of a motor vehicle shall pay, in addition to any fine, a ten dollar ($10.00) correction fee, a six dollar ($6.00) Municipal Court automation fee and a one dollar ($1.00) Judicial Education fee. (35-14-11 NMSA 1978)
B. Any person violating any ordinance relating to the operation of a motor vehicle for which a penalty assessment schedule has been established, and who chooses to pay the penalty assessment, shall pay in addition to the penalty assessment a penalty assessment fee of ten dollars ($10.00). (66-8-130 NMSA 1978)
C. All money collected pursuant to this section shall be deposited in a special fund in the municipal treasury and shall be used only for municipal jailer training, the construction planning, construction, operation and maintenance of the municipal jail, for paying the costs of housing the municipality's prisoners in other detention facilities in the state or complying with match or contribution requirements for the receipts of federal funds relating to jails. (35-14-11 and 66-8-130 NMSA 1978)
12-12-2 FORMS AND RECORDS OF TRAFFIC CITATIONS AND ARRESTS.
A. The municipality shall provide books to include uniform traffic citation forms authorized by state law for notifying alleged violators to appear and answer to charges of violating traffic ordinances in the municipal court.
B. The municipality shall issue uniform traffic citation books to the Marshall or his authorized agent and shall maintain a record of every book issued and shall require a written receipt for every book.
C. The Marshall shall keep a record and require a receipt for each serially numbered citation issued to individual officers.
12-12-3 CONDUCT OF ARRESTING OFFICER--NOTICES BY CITATION.
A. Except as provided in Section 12-12-5, unless a warning notice is given, whenever a person is arrested for any violation of this ordinance or other law relating to motor vehicles punishable as a misdemeanor, the arresting officer, using the uniform traffic citation, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the arrested person sign the agreement to appear as specified, give a copy of the citation to the arrested person and release him from custody.
B. The arresting officer may issue a warning notice, but shall fill in the information section of the uniform traffic citation and give a copy to the arrested person after requiring his signature on the warning notice as an acknowledgment of receipt. No warning notice issued under this section shall be used as evidence of conviction for purposes of suspension or revocation of license under Section 66-5-30 NMSA 1978.
C. In order to secure his release, the arrested person must give his written promise to appear in court, or to pay the penalty assessment prescribed or acknowledge receipt of a warning notice.
D. Any officer violating this section is guilty of misconduct in office and is subject to removal. (66-8-123 NMSA 1978)
12-12-4 UNIFORM TRAFFIC CITATION IS COMPLAINT. The uniform traffic citation used as a notice to appear is a valid complaint, though not verified. (66-8-131 NMSA 1978)
12-12-5 ARREST WITHOUT WARRANT.
A. Members of the municipal police force may arrest without warrant any person:
1. present at the scene of a motor vehicle accident;
2. on a street when charged with theft of a motor vehicle;
3. charged with crime in another jurisdiction, upon receipt of a message giving the name or a reasonably accurate description of the person wanted, the crime alleged and a statement he is likely to flee the jurisdiction of the state; (66-8-125 NMSA 1978)
4. charged with driving while under the influence of intoxicating liquor or drugs;
5. charged with failure to stop in the event of an accident causing death, personal injuries or damage to property;
6. charged with reckless driving;
7. the arresting officer has good cause to believe has committed a felony;
8. who refuses to give his written promise to appear in court or acknowledge receipt of a warning notice; (1961-62 Op. Atty. Gen. No. 61-117) or
9. who is charged with driving when his privilege to do so was suspended or revoked pursuant to Section 66-8-111 NMSA 1978 or pursuant to a conviction for driving while under the influence of intoxicating liquor or drugs. (66-8-122 NMSA 1978)
B. To arrest without warrant, the arresting officer must have reasonable grounds, based on personal investigation which may include information from eyewitnesses, to believe the person arrested has committed a crime.
C. Members of the municipal police force may not make arrests for traffic violations if not in uniform; however, nothing in this section shall be construed to prohibit the arrest, without warrant, by a peace officer of any person when probable cause exists to believe that a felony crime has been committed or in non-traffic cases. (66-8-125 NMSA 1978)
D. This section governs all police officers in making arrests without warrant for violations of the New Mexico Motor Vehicle Code, this ordinance and other laws relating to motor vehicles but the procedure prescribed is not exclusive of any other method prescribed by law for the arrest and prosecution of a person violating these laws. (66-8-127 NMSA 1978)
12-12-6 IMMEDIATE APPEARANCE BEFORE MUNICIPAL OR MAGISTRATE JUDGE. Whenever any person is arrested for any violation of this ordinance or other law relating to motor vehicles punishable as a misdemeanor, he shall be immediately taken before an available municipal or magistrate judge who has jurisdiction of the offense when that:
A. person requests immediate appearance;
B. person is charged with driving while under the influence of intoxicating liquor or narcotic drugs;
C. person is charged with failure to stop in the event of an accident causing death, personal injuries or damage to property;
D. person is charged with reckless driving;
E. arresting officer has good cause to believe the person arrested has committed a felony;
F. person refuses to give his written promise to appear in court or acknowledge receipt of a warning notice; or
G. person is charged with driving when his privilege to do so was suspended or revoked pursuant to a conviction for driving while under the influence of intoxicating liquor or drugs. (66-8-122 NMSA 1978)
12-12-7 FAILURE TO OBEY NOTICE TO APPEAR.
A. It is a misdemeanor for any person to violate his written promise to appear in court, given to an officer upon issuance of a uniform traffic citation, regardless of the disposition of the charge for which the citation was issued.
B. A written promise to appear in court may be complied with by appearance of counsel. (66-8-126 NMSA 1978)
12-12-8 ARRESTING OFFICER TO BE IN UNIFORM.
A. No person shall be arrested for violating this ordinance or other law relating to motor vehicles punishable as a misdemeanor except by a commissioned, salaried peace officer who, at the time of arrest, is wearing a uniform clearly indicating his official status. (66-8-124 NMSA 1978)
B. Notwithstanding the provisions of Subsection A of this section, a municipality may provide by ordinance that uniformed private security guards may be commissioned by the local police agency to issue parking citations for violations of clearly and properly marked fire zones and handicapped zones. Prior to the commissioning of any security guard, the employer of the security guard shall agree in writing with the local police agency to said commissioning of the employer's security guard. The employer of any security guard commissioned under the provisions of this section shall be liable for the actions of that security guard in carrying out his duties pursuant to that commission.
C. Notwithstanding the provisions of the Tort Claim Act, private security guards commissioned under this section shall not be deemed public employees under that act. (66-8-124 NMSA 1978)
12-12-9 DISPOSITION AND RECORDS OF TRAFFIC CITATIONS.
A. The disposition of traffic citations issued by a police officer to an alleged violator of any provisions of this ordinance shall be as follows:
1. violator's copy, containing at least the following alternative directions to the violator:
a. if issued as a notice to appear, signing the citation is a promise to appear in court and not an admission of guilt, failure to appear is a misdemeanor subjecting the violator to another prosecution in addition to that for the offense alleged on the citation; and
b. if issued as a warning notice, the citation does not require a court appearance, but a copy will be forwarded to the motor vehicle division of his state;
2. officer's first copy, containing a form for abstract of trial record and penalty assessment payment and directions for the officer to forward it immediately;
a. if issued as a notice to appear, to the municipal court with additional directions to the court to complete the abstract record of trial immediately following trial and forward the form to the Division of Motor Vehicles, Drivers Services Record Branch, Santa Fe;
b. if issued as a warning notice, to the Division of Motor Vehicles, Drivers Services Record Branch, Santa Fe;
3. officer's second copy, containing instructions to the officer to forward immediately in every case to the Division of Motor Vehicles, Drivers Services Record Branch, Santa Fe;
4. officer's third copy, containing spaces for the officer's notes and instructions to forward immediately to his department headquarters; and
5. court copy, containing instructions to the officer to forward in the same manner as the officer's first copy. (66-8-129 NMSA 1978)
B. Any entity that wishes to submit uniform traffic citations required to be submitted to the department by electronic means must secure the prior permission of the department. (66-8-128D NMSA 1978)
C. Every police officer issuing a uniform traffic citation to an alleged violator of this ordinance or other law relating to motor vehicles shall dispose of the citations as indicated on the back of each copy.
D. Citations spoiled or issued in error shall be marked "void" in large letters on the face, signed by the officer, and the copies disposed of as a valid warning notice. (66-8-133 NMSA 1978)
E. Upon filing of the uniform traffic citation in the municipal court, the citation may be disposed of only by trial in the court or by other official action by a judge of the court including, at the discretion of the municipal judge, forfeiture of bail or by payment of a fine to the traffic violations bureau of the court.
F. The traffic violations bureau shall maintain or cause to be maintained in connection with every traffic citation a record of the dispositions of all citations.
G. The Marshall shall maintain or cause to be maintained a record of serially numbered warrants issued by the municipal court on traffic violation charges which are delivered to the police department for service and of the final disposition of all such warrants.
H. The Marshall shall issue, keep a record and require a receipt for each serially numbered citation issued to individual police officers. (66-8-132 NMSA 1978)
I. It is a misdemeanor and official misconduct for any officer or other public official or employee to dispose of a uniform traffic citation except as provided in this section. (66-8-133 NMSA 1978)
12-12-10 ILLEGAL CANCELLATION--AUDIT OF CITATION RECORDS.
A. Any person who cancels or solicits the cancellation of any uniform traffic citation other than as provided in this ordinance is guilty of a misdemeanor.
B. Every record of uniform traffic citations required in this ordinance shall be audited monthly by the appropriate fiscal officer of this municipality.
C. The fiscal officer shall publish an annual summary of all traffic violation notices issued by the traffic-enforcement agency. (66-8-134 NMSA 1978)
12-12-11 ABSTRACT OF TRAFFIC CASES--REPORT ON CONVICTIONS.
A. Every municipal judge shall keep a record of every traffic complaint, uniform traffic citation and other form of traffic charge filed in the judge's court or its traffic violations bureau and every official action and disposition of the charge by that court.
B. Within ten days of the later of entry of judgment and sentence or failure to appear on a charge of violating this ordinance or other law or ordinance relating to motor vehicles or the final decision of any higher court that reviews the matter and from which no appeal or review is successfully taken, every municipal judge, including children's court judges, or the clerk of the court in which the entry of judgment and sentence or failure to appear occurred shall prepare and forward to the department an abstract of the record containing the name and address of the defendant; the specific section number and common name of the provision of the local law, ordinance or regulation under which the defendant was tried; the plea, finding of the court and disposition of the charge, including fine or jail sentence or both, forfeiture of bail or dismissal of the charge; an itemization of costs assessed to the defendant; the date of the hearing; the court's name and address; whether defendant was a first or subsequent offender; and whether the defendant was represented by counsel or waived his right to counsel and, if represented, the name and address of counsel.
C. The abstract of record prepared and forwarded under Subsection B of this section shall be certified as correct by the person required to prepare it. With the prior approval of the department , the information required in Subsection B of this Section may be transmitted electronically to the department. Report need not be made of any disposition of a charge of illegal parking or standing of a vehicle except when the uniform traffic citation is used.
D. When the uniform traffic citation is used, the court shall provide the information required in Subsection B of this Section in the manner prescribed by the director. A copy of each penalty assessment processed shall be forwarded to the division within ten (10) days of completion of local processing for posting to the driver's record. With the prior approval of the director, the required information may be submitted to the division by electronic means in lieu of forwarding copies of the penalty assessments.
E. The failure or refusal of any judicial officer to comply with this section is misconduct in office and ground for removal. (66-8-135 NMSA 1978)
12-12-12 CITATION ON ILLEGALLY PARKED VEHICLE. Whenever any motor vehicle without driver is found parked, standing or stopped in violation of any of the restrictions imposed by this ordinance, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to the vehicle a traffic citation on a form provided by the municipality for the driver to answer to the charge against him within five days during the hours and at a place specified in the citation.
12-12-13 FAILURE TO COMPLY WITH TRAFFIC CITATION ATTACHED TO PARKED VEHICLE. If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances does not appear in response to a traffic citation affixed to the motor vehicle within a period of five days, the traffic violations bureau or clerk of the municipal court shall send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him of the violation and warning him that in the event the letter is disregarded for a period of five days a warrant of arrest will be issued.
12-12-14 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING.
A. In any prosecution charging a violation of any ordinance governing the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of the ordinance, together with proof that the defendant named in the complaint was at the time of the parking the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, for the time during which, the violation occurred.
B. The foregoing stated presumption shall apply only when the procedure as prescribed in Sections 12-12-12 and 12-12-13 has been followed.
12-12-15 WHEN WARRANT TO BE ISSUED. In the event any person fails to comply with a traffic citation given to the person or attached to a vehicle or fails to make appearance pursuant to a summons directing an appearance in the municipal court or the traffic violations bureau, or if any person fails or refuses to deposit bail as required and within the time permitted by ordinance, the municipal judge shall issue either a summons or a warrant for his arrest.
12-12-16 DISPOSITION OF TRAFFIC FINES AND FORFEITURES. All fines or forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this ordinance shall be paid into the municipal treasury.
12-12-17 OFFICIAL MISCONDUCT. Failure, refusal or neglect on the part of any judicial or other officer or employee receiving or having custody of any fine or forfeiture, either before or after a deposit in the municipal treasury, shall constitute misconduct in office and shall be grounds for removal.
12-12-18 AUTHORITY TO REMOVE OR RELOCATE VEHICLES.
A. Definitions: For purposes of this section:
1. "Chief" shall mean the Marshall of the municipal police department or his designated representative.
2. "Impound" shall mean the towing and storage of a motor vehicle as authorized in this section.
3. "Owner" of a vehicle shall mean the registered owner or owners of a vehicle as recorded with the New Mexico department of motor vehicles or similar agency of a state outside New Mexico. Where written notice to the owner is required by this section, such notice shall be given to each registered owner. Where appearance of the owner is required by this section, appearance may be by a person authorized by the owner to appear on his behalf.
4. "Sign" shall mean a printed notification to the public giving notice of the possibility of removal of a vehicle by stating that the area is a tow-away zone, or that the violation of the restrictions stated on the sign may result in towing, and the sign must be readily visible from the point of removal.
5. "Written Notice" shall mean notice sent by certified mail, return receipt requested, to the last known address of the owner:
a. When such notice is required under the terms of this section, weekends and holidays shall not be included when calculating the time for mailing notice.
b. When a vehicle is registered in a state outside New Mexico, the Marshal shall make all reasonable and diligent efforts to ascertain the name and address of all registered owners. If the name and address information for an in-state or out-of-state registered vehicle is not available soon enough to meet the time deadlines for mailing written notice, then the notice shall be mailed as soon as possible after the information is received.
c. As a valid substitute for "written notice" as defined herein, notice may be given by personal service or in any other reasonable manner, so long as actual notice is given to at least one owner within the time limits provided. Notice may be effected by verbal notice to an owner, or to the driver or passenger of a vehicle, if the driver or passenger reasonably appears to have custody of the vehicle with the owner's knowledge and permission. Verbal notice to the owner, driver or passenger shall be valid, however, only if the person so notified is given all the information required in the written notice and the person is given in writing a phone number where the owner, driver or passenger can obtain further information from a municipal employee.
d. If notice cannot be given per the other provisions of this paragraph, notice shall be given by publication once in a newspaper of general circulation in the community as soon as practicable after reasonable and diligent efforts to give notice as provided elsewhere in this paragraph prove fruitless.
B. Prohibition of Removal and Relocation - It is unlawful for a municipal officer, or any municipal employee, to remove or relocate, or cause to be removed or relocated, any unattended vehicle from any street, alley or public way within the municipal corporate limits, except as provided in this section.
C. Impoundment of Vehicles Generally.
1. Any vehicle impounded pursuant to this section shall be towed in accordance with state and local law to an authorized private storage facility or an area designated or maintained by the police department or by the municipality. The person authorizing impoundment shall issue signed and dated instructions in writing to the storage facility specifically stating whether the vehicle is to be held for investigation or as evidence, or whether it may be released to the owner after all attendant charges have been satisfied pursuant to Subsection H of this section. If the vehicle has been in storage for over 30 days after written notice is given and no hearing has been requested or the vehicle has not been claimed per the provisions of this section, then the storage facility operator may sell the vehicle per the provisions of applicable state law.
2. If any vehicle is about to be removed, relocated or is in the process of being removed or relocated and the owner thereof or his agent appears and claims the vehicle and agrees forthwith to remove it or relocate it, such vehicle shall be delivered to such owner or agent upon demand therefor and upon furnishing satisfactory evidence of identity and ownership or agency. If any such owner or agent shall fail, refuse or neglect to forthwith remove such vehicle, such vehicle shall nevertheless be impounded or relocated. Removal by such owner or agent shall not relieve the offender of liability for any towing costs already incurred or for any fine or penalty for the violation of any law or ordinance for which the vehicle was to be removed or relocated.
D. Circumstances Permitting Summary Vehicle Impoundment or Relocation.
1. Any municipal police officer, or any municipal employee who is authorized to direct traffic or enforce state or local parking or motor vehicle laws, may order the impoundment of any vehicle within the municipal corporate limits, without prior notice to the owner or operator thereof, under the following circumstances:
a. when any vehicle is left unattended upon any bridge, viaduct, or causeway or in any tube or tunnel where the vehicle constitutes an obstruction or hazard to traffic; (66-7-350 NMSA 1978)
b. when any vehicle is parked or left standing upon a street, alley, or public way in such a position as to obstruct the normal movement of traffic or in such a condition as to create a hazard to other traffic;
c. when any vehicle is found upon a street, alley, public way or private property, and an offense report has previously been made that the vehicle has been stolen or a complaint has been filed and a warrant thereon issued charging that the vehicle has been stolen, and the owner is not available to, or cannot, immediately provide for its custody or removal;
d. when any vehicle is parked so as to block the entrance to a public or private driveway; (66-7-351 NMSA 1978)
e. when any vehicle is parked within fifteen (15) feet of a fire hydrant, is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, or is illegally parked in a properly designated fire lane;
f. when the person or persons in charge of a vehicle are by reason of physical injuries, intoxication, illness or other cause incapacitated to such an extent as to be unable to provide for its custody or removal, and (i) the vehicle is left as described elsewhere in Paragraph 1 of this subsection, or (ii) the location of the vehicle is such that a reasonable person would believe that its owner would desire its relocation or removal. However, nothing in this subparagraph shall prevent a person who is incapacitated and is not intoxicated or otherwise mentally impaired from requiring that the vehicle not be moved if the sole basis for removal is pursuant to part (ii) of this subparagraph;
g. when the driver or person in control of a vehicle is lawfully taken into custody by a police officer, and said person is unable to immediately provide for the custody or removal of the vehicle, and (i) the vehicle is left as described elsewhere in paragraph 1 of this subsection or (ii) the location of the vehicle is such that a reasonable person would believe that its owner would desire its relocation or removal. However, nothing in this subparagraph shall prevent a person who is taken into custody and is not intoxicated or otherwise mentally impaired from requiring that the vehicle not be moved if the sole basis for removal is pursuant to (ii) of this subparagraph;
h. when an abandoned, unattended, wrecked, burned or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the street, alley, or public way or its physical appearance is causing traffic to be impeded;
i. wherever the use of a street, alley or public way or any portion thereof is authorized by the municipality for a purpose other than the normal flow of traffic, or for the movement of equipment, articles, or structures of unusual size, and the parking of any vehicle would prohibit or interfere with such use or movement, and signs giving notice that a parked vehicle may be towed are erected or placed along the street, alley or public way at least 24 hours prior to the removal; (66-7-351 NMSA 1978)
j. when any vehicle is parked or left standing where stopping is prohibited by ordinance or other state or local law. No vehicle may be removed pursuant to this paragraph unless signs are posted at least 24 hours prior to the removal giving notice that the area is a tow-away zone;
k. when any vehicle is parked or standing in a manner so as to obstruct necessary emergency services, law enforcement services, the routing of traffic at the scene of a disaster, or when removal is otherwise necessary in the interest of public safety because of any emergency, and moving the vehicle to a legal parking location is impractical. However, the owner or operator of a vehicle so relocated or removed shall not be subject to any relocation, removal or storage charges, if the vehicle is otherwise lawfully parked. Such charges shall be paid by the municipality, except that in the case of emergency utility repairs such charges shall be paid by the utility company seeking removal;
l. when a vehicle is parked, left unattended or abandoned during a fire, flood, storm or other public emergency which is apt to cause substantial damage to the vehicle, removal is in the best interest of the owner, and moving the vehicle to a safe legal location is impractical;
m. when a vehicle is either unattended or disabled and loaded with either a dangerous, flammable, combustible or explosive substance which, either by its presence or load conditions is likely to harm the health or safety of the public and moving the vehicle to a safe, legal location is impractical;
n. when any vehicle is parked in such a manner as to obstruct or interfere with any road, sidewalk or right-of-way maintenance or construction, or any non-emergency utility work, and it is impractical to relocate the vehicle to another point where parking is legal. No vehicle shall be removed unless signs are posted giving notice of the work to be done and the possibility of removal at least 24 hours prior to the removal; or
o. when a vehicle is parked: on a sidewalk; within an intersection; on a crosswalk; within twenty (20) feet of a crosswalk at an intersection; within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway; between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the municipality indicates a different length by signs or markings; within fifty (50) feet of the nearest rail of a railroad crossing; within twenty (20) feet of the driveway entrance to any fire station and if properly signposted on the side of the street opposite the fire station entrance where posted; alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic; or on the roadway side of any vehicle stopped or parked at the edge or curb of a street. (66-7-351 NMSA 1978)
2. In lieu of towing and impoundment, a municipal police officer, or any municipal employee who is authorized to direct traffic or enforce state or local parking or motor vehicle laws, may relocate or cause to be relocated any vehicle from any street, alley or public way within the municipal corporate limits, without prior notice to the owner or operator thereof when the relocation to a safe, legal location is practical and the vehicle is found under the circumstances set forth in subparagraphs e, k, l, m or n of paragraph 1 of this subsection.
3. Whenever a vehicle could be impounded, removed or relocated pursuant to subsection D of this section and the driver of the vehicle is present, the police officer or authorized employee may order the driver to move the vehicle to another location. (66-7-350)
E. Notice and Procedure Following Summary Impoundment or Relocation.
1. After a vehicle is towed or relocated pursuant to subsection D of this section, the Marshal shall send written notice within 24 hours of the towing to the owner of the vehicle.
2. The notice shall contain the following information:
a. the license plate number, make, type and color of the vehicle;
b. the location of the vehicle at the time of impoundment or relocation;
c. a statement that the vehicle has been taken into custody and stored, or a statement that the vehicle has been relocated;
d. the reason for impoundment or relocation;
e. the location and telephone number of the storage facility where the vehicle is being kept or the place to which the vehicle was relocated;
f. a statement that daily storage charges will be assessed in addition to a towing charge if the removal was proper;
g. a statement that the owner may obtain release of the vehicle by posting bond or paying all amounts due under this ordinance;
h. a statement that the owner has the right to contest the validity of the impoundment or relocation by requesting in writing a hearing before the municipal judge within thirty (30) days after written notice is given;
I. a statement that failure to obtain release of the vehicle if impounded will cause it to be sold or otherwise disposed of in accordance with state law; and
j. a phone number and name or title of a municipal employee from whom the owner can obtain further information.
3. The hearing, if requested in a timely manner, shall be held within 120 hours (excluding weekends and holidays) of receipt of the request unless the hearing is continued with the agreement of the owner. The municipal judge's decision shall be limited to:
a. whether the vehicle was lawfully impounded or relocated for one or more of the reasons set forth in Subsection D of this section and
b. whether the vehicle, if lawfully impounded, should be released at the City's expense.
Upon receipt of the request for a hearing on the legality of an impoundment, the municipal judge shall notify the storage facility of the hearing and no lien shall be foreclosed by the storage facility as allowed by state law until the judge has ruled on the legality of the impoundment. If the municipal judge finds that the vehicle in question was not lawfully impounded or that the vehicle should otherwise be released at the municipality's expense, he shall issue and date a Certificate of Release, indicating the unlawful impoundment, or the release at municipal expense, or both, and a copy of the release shall be given to the owner of the vehicle. Upon receipt of the owner's copy of such certificate, the authorized storage facility having custody of the vehicle shall release the vehicle to its owner and towing and storage fees shall be paid by the municipality in accordance with arrangements to be made between the municipality and the authorized storage facility. If the owner fails to present such certificate to the authorized storage facility having custody of the vehicle within 24 hours of its receipt, excluding days when the authorized storage facility is not open for business, the owner shall assume liability for all subsequent storage charges. The certificate shall advise the owner of such requirement.
4. The decision of the municipal judge may be appealed to the district court.
F. Abandoned Vehicles.
1. Any municipal police officer, or any municipal employee who is authorized to direct traffic or enforce state or local parking or motor vehicle laws, may order the impoundment of any abandoned vehicle within the municipal corporate limits. A vehicle is abandoned if:
a. the vehicle is parked on or along any street, alley or public way and the vehicle displays no current license plate; or
b. the vehicle is left unattended on or along any street, alley or public way in the same place for a period of 72 hours without a valid police sticker as defined in paragraph 2 of this subsection.
2. The Marshal may issue a sticker temporarily permitting street storage, upon application of any owner or agent of an owner for any vehicle which is operable and has a current license plate. Stickers shall expire fifteen (15) days after issuance. No owner, whether an individual, business, corporation, organization, partnership or trust, is entitled to more than four stickers at any time.
3. When a vehicle is abandoned on or along a street, alley or public way under circumstances which do not allow summary removal or relocation pursuant to subsection D of this section, a notice shall be attached to the vehicle in a manner which is readily visible containing the following information:
a. the date and time the notice is affixed to the automobile;
b. a statement that, pursuant to this section of this ordinance the vehicle will be considered abandoned and may be towed and stored at the owner's expense if it is not removed within ten (10) days of the time that the notice is affixed;
c. a statement that if the vehicle is impounded and no hearing is requested or it is not claimed, it can be sold after thirty (30) days as provided in state law;
d. a statement that the owner has the opportunity to challenge the proposed action at a hearing if a written request is submitted to the municipal judge within 72 hours after notice is given as provided in paragraph 4 of this subsection;
e. the telephone number where additional information can be obtained; and
f. the identity of the person affixing the notice.
4. Written notice containing the same information specified in paragraph 3 of this subsection plus the location and a description of the vehicle shall be mailed to the owner of the vehicle within 24 hours after the notice is affixed. However, if written notice is not given within 24 hours after the notice is placed on the vehicle, then the ten (10) day waiting period shall be extended the amount of time between the placing of notice on the vehicle and the giving of written notice.
5. Upon timely receipt of a request for a hearing, the municipal judge shall order a delay of the impoundment of the vehicle until after the hearing.
6. The hearing, if requested in a timely manner, shall be held within 120 hours (excluding weekends and municipal holidays) of receipt of the request, unless the hearing is continued with the agreement of the owner. At the hearing, the municipal judge shall only determine whether the vehicle is or is not abandoned.
7. If the municipal judge determines that the vehicle is abandoned, he shall so notify the Marshal, who shall cause the impoundment of the vehicle, unless the vehicle is removed within 24 hours of the judge's decision.
8. If the vehicle is removed pursuant to paragraph 7 of this subsection, a person challenging the impoundment shall be entitled to challenge the decision of the municipal judge by appeal to District Court.
9. If an abandoned vehicle is impounded, and the owner has not obtained a hearing prior to the impoundment, the owner may file a request for a hearing with the municipal judge on the legality of the impoundment within thirty (30) days after impoundment. Upon receipt of the request for a hearing, the municipal judge shall notify the storage facility of the hearing and no lien shall be foreclosed by the storage facility as allowed by state law until the judge has ruled on the legality of the impoundment. If the municipal judge rules that the impoundment was illegal, then the municipal judge shall issue and date a Certificate of Release and a copy of the release shall be given to the owner of the vehicle. Upon receipt of the owner's copy of such certificate, the authorized storage facility having custody of the vehicle shall release the vehicle to its owner and towing and storage fees shall be paid by the municipality in accordance with arrangements to be made between the municipality and the authorized storage facility. If the owner fails to present such certificate to the authorized storage facility having custody of the vehicle within 24 hours of its receipt, excluding days when the authorized storage facility is not open for business, the owner shall assume liability for all subsequent storage charges. The certificate shall advise the owner of such requirement.
G. Impoundment for Investigation Evidence or Forfeiture.
The notice, hearing and bond provisions set forth in this section shall not apply to impoundment of the following vehicles for which impoundment is hereby authorized:
1. a vehicle which is impounded for purposes of a criminal investigation or as evidence of a crime; or
2. a vehicle which is lawfully seized pursuant to state or federal law.
H. Release of Vehicles.
1. The municipal judge or his designated representatives may order the release of an impounded vehicle if a hearing has been requested on the legality of impoundment and upon the posting of bond as set by the municipal judge or his designee. When bond is posted the vehicle shall be released into the possession of the owner or his designee.
2. In all other cases, upon proof of ownership, an impounded vehicle shall be released only after payment of the accumulated penalties by the owner or his designee, as provided in subsection I.
3. The owner shall forfeit the bond if the owner fails to appear at the hearing before the municipal court.
4. The owner shall be entitled to reimbursement from the municipality for all bonds posted and penalties paid if after hearing and appeal, if any, it is determined that the impoundment or relocation was not valid.
5. This subsection does not authorize release of any vehicle held for investigation or as evidence of a crime or seized pursuant to state or federal law. Such vehicle shall be released only upon the written order of the police officer responsible for its impoundment or upon an affirmative written statement by the Marshal that such vehicle is no longer needed for investigative or evidentiary purposes or for forfeiture proceedings. The municipality shall bear the cost of towing and storage for such impoundments.
I. Penalties.
1. Each time a vehicle is lawfully towed or relocated pursuant to this section the owner shall pay a fine of fifty dollars ($50.00), unless the municipality is required to pay for removal or relocation.
2. Each day a vehicle is stored pursuant to a lawful impoundment, the owner shall pay a fine of ten dollars ($10.00) a day unless the municipality is required to pay for removal or relocation.
3. Nothing in this section shall prevent a person from being found in violation of any other part of this ordinance and from being liable for any other penalty, fee or charge assessed pursuant to this ordinance.
12-12-19 ABANDONED VEHICLES ON PRIVATE PROPERTY.
A. Any person upon whose property or in whose possession is found an abandoned vehicle or motor vehicle, shall have authority to sell, retain, give away or dispose of the abandoned vehicle or motor vehicle to any person licensed under Sections 66-4-1 through 66-4-9 NMSA 1978 provided that he notifies a law enforcement agency prior to such disposal and obtains from that agency a written clearance stating that neither the agency's records nor the computerized records of the National Crime Information Center indicates that the vehicle or motor vehicle has been reported as stolen, and either:
1. the vehicle or motor vehicle in question regardless of its age, is either totally wrecked or in such a state of disrepair that it is suitable only for dismantling purposes;
2. the vehicle or motor vehicle in question is at least eight (8) years of age or older; or
3. the vehicle in question has been placed in any storage or wrecker yard at the request of a law enforcement agency or a property owner upon whose property the vehicle or motor vehicle was abandoned and has remained unclaimed in said yard for a period of thirty (30) days, in which case the owner of the storage yard may proceed to make a claim against the motor vehicle or vehicle, as specified in Subsection C of Section 66-3-119 NMSA 1978 as though it were abandoned. Any person wishing to obtain such vehicle may not charge more than fifty cents ($.50) per day for storage unless he is licenced as a vehicle storage yard, and he must notify owners and lien-holders within thirty (30) days or lose all rights to claim such vehicle.
B. Any vehicle which is less than eight (8) years of age or in such a state of repair that it will be placed back into service or which is not to be used for dismantling purposes, or which a property owner wishes to retain for his own use or to sell to any one other than a licensed dismantler, said person shall proceed to make claim for such vehicle or motor vehicle through a lien process and obtain a new certificate of title prior to disposal. (66-3-121 NMSA 1978)
12-12-20 AUTHORIZED IMMOBILIZATION OF VEHICLE. When a driver, owner or person in charge of any vehicle has received a notice to answer to a charge against him for violation of any parking provisions of this ordinance and the driver, owner or person in charge of the vehicle has failed to appear and answer the charge, members of the police department or employees of this municipality acting in their official capacity may temporarily and for a period of 48 hours immobilize the vehicle when found upon a street by installing on or attaching to the vehicle a device designed to restrict the normal movement of the vehicle.
A. When the vehicle is so immobilized, the member of the police department or employee of this municipality installing or attaching the device shall conspicuously affix to the vehicle a notice in writing on a form to be provided by the Marshall advising the driver, owner or person in charge of the vehicle that the vehicle has been immobilized by this municipality for violation of this ordinance and also advising him of the provisions for release of the vehicle.
B. No person shall remove the immobilizing device or move the vehicle before the device is released by the police department or the clerk of the municipal court.
C. Where the vehicle has been properly immobilized as provided in this section, a fee of ten dollars ($10.00) shall be charged by the police department or clerk of the municipal court before releasing the vehicle.
D. Parking restrictions, if any, otherwise applicable shall not apply while the vehicle is immobilized as provided in this section.
12-12-21 LIABILITY FOR DAMAGE.
A. The public highways in the municipality are dedicated to the reasonable use thereof by the public.
B. It shall be unlawful for any person to injure or damage any public street or any bridge, culvert, sign, signpost, or structure upon or used or constructed in connection with any public street for the protection thereof or for protection or regulation of traffic thereon by any unusual, improper or unreasonable use thereof, or by the careless driving or use of any vehicle thereon, or by willful mutilation, defacing or destruction thereof.
C. It shall be considered unreasonable use of any bridge or structure to operate or conduct upon or over the same any vehicle, tractor or engine, not in accordance with Sections 66-7-401 through 66-7-416 NMSA 1978.
D. It shall be considered unreasonable use of any improved roadway or street, to operate, drive or haul thereon any truck, tractor or engine in such manner or at times when the surface thereof is in a soft or plastic condition and the road or portion thereof has been closed pursuant to law, or by order of the administrator.
E. It shall be unlawful to erect or maintain any fence or any other structure across any street, highway or roadway without written permit from the authorities having control thereof.
F. The operator and the owner of such vehicle, truck, tractor or engine from whom the driver or operator has permitted possession at the time thereof shall be jointly and severally liable for the actual damage caused by the operation, conducting or hauling thereof over any public highway, street, bridge, culvert or structure in violation of any provision of this ordinance to be collected by suit brought in the name of this municipality and such vehicle, truck, tractor or engine may be attached and held to satisfy any judgement for such damages.
G. The proceeds of any such judgement shall be paid to the treasurer of this municipality and placed to the credit of the fund for the construction and improvement of roads and streets. (66-7-416 NMSA 1978)
12-12-22 SUNDAY ACTIONS. Judicial proceedings under any provision of this ordinance are valid when performed on Sunday, the same as on other days of the week. (66-8-8 NMSA 1978)
ARTICLE XIII - EFFECT AND SHORT TITLE OF ORDINANCE
12-13-1 Short Title
12-13-2 Effect of Headings
12-13-3 Savings Clause
12-13-4 Act Not Retroactive
12-13-5 Repeal
12-13-6 Time of Taking Effect
12-13-1 SHORT TITLE. This ordinance may be cited as the New Mexico Uniform Traffic Ordinance.
12-13-2 EFFECT OF HEADINGS. Headings contained in this ordinance shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of this ordinance.
12-13-3 SAVINGS CLAUSE. If any part or parts of this ordinance are held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining parts of this ordinance.
12-13-4 ACT NOT RETROACTIVE. This ordinance does not have a retroactive effect and does not apply to any traffic accident, to any cause of action arising out of a traffic accident or judgement arising therefrom, or to any violation of the traffic ordinance of this municipality, occurring prior to the effective date of this ordinance.
12-13-5 REPEAL. The existing ordinances covering the same matters as embraced in this ordinance are repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are repealed.
12-13-6 TIME OF TAKING EFFECT. This ordinance shall take effect on the 10th day of February, 1997.