ARTICLE I DEFINITIONS

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 12-1-96. (*)

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:

(1) to have been left unattended on either public on private property for at least thirty days;

(2) not to have been reported stolen;

(3) not to have been claimed by any person asserting ownership; and

(4) not to have shown by normal record checking procedures to be owned by any person. (66-1-4.1 NMSA 1978)

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)

12-1-10.1 COMMERCIAL MOTOR VEHICLE.

“Commercial motor vehicle” means a self-propelled or towed vehicle, other than special mobile equipment, used on public highways in commerce to transport passengers or property when the vehicle: is operated interstate and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of four thousand five hundred thirty-six kilograms, or ten thousand one pounds or more; or is operated only in intrastate commerce and has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of twenty-six thousand one or more pounds; (66-1-4.3 J 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. (*)

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 vehicle 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 or who operates or is in actual physical control of an off-highway motor vehicle. (66-1-4.4 K 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:

(1) any temporary license or instruction permit;

(2) the privilege of any person to drive a motor vehicle whether or not the person holds a valid license; and

(3) 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 thirty 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; but for the purposes of the Mandatory Financial Responsibility Act [66-5-201 to 66-5-239 NMSA 1978], “motor vehicle” does not include “special mobile equipment.” (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 has its own motive power, is affixed to or is drawn by another vehicle and includes motor homes, travel trailers and truck campers. (66-1-4.15 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 license 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:

(1) operated by a common carrier, subject to and meeting all requirements of the state corporation commission but not used exclusively for the transportation of students;

(2) 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 students; or

(3) 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 transportation commission or the secretary of the state transportation department. (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 the person 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. (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)

12-1-84.1 TRIBE.

“Tribe” means an Indian nation, tribe or pueblo that is located wholly or partially in New Mexico. For purposes of violations resulting in suspension or revocation of licenses and for DWI offenses (66-5-25, 26, 30 and 66-8-102), “tribe” is further defined as one that has executed an intergovernmental agreement with the state pursuant to Section 66-5-27.1 NMSA 1978. (66-1-4.17 and 66-5-1.2 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, body or unitized frame and 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 66-1-4.21 NMSA 1978. (*)

12-1-90 FIRE LANE.

“Fire Lane” means an area, parking lot, driveway, roadway, or portion thereof that shall be:

A. designated or approved by the director of public safety or his designee and appropriately marked by an approved sign or a red painted curb, clearly marked;

B. maintained clear of obstructions for its entire length.

(Ord. 03-015; Am. Ord. 05-19)

12-1-91 GREAT BODILY HARM.

“Great Bodily Harm” means an injury to a person which creates a high probability of death; or which causes serious disfigurement; or which results in permanent or protracted loss or impairment of the function of any member or organ of the body. (30-1-12 A NMSA 1978)

(Ord. 03-015; Am. Ord. 05-19)

12-1-92 OWNER’S PROPERTY LINE.

“Owner’s Property Line” means an imaginary line that is the border line between the utility placement area abutting the street and the owner’s property. For the purpose of this chapter the “owner’s property line” shall be that line designated for use of City right of way for improvement, utilities or maintenance between the physical street and the owner’s property.

(Ord. 03-015; Am. Ord. 05-19)

12-1-93 STATE MANUAL OF SPECIFICATIONS.

“State Manual of Specifications” means the Manual on Uniform Traffic Control Devices For Streets and Highways as approved by the federal highway administration as the national standard, and as adopted by the State of New Mexico. (66-7-101 NMSA 1978)

(Ord. 03-015; Am. Ord. 05-19)

12-1-94 RESIDENTIAL STREET.

“Residential Street” means a street along which the adjacent property is 80% or more private homes or apartments.

(Ord. 03-015; Am. Ord. 05-19)

12-1-95 STREET CURB LINE.

“Street Curb Line” means an imaginary or physical line that is designated by the top outermost section of a curb that has abutted a paved roadway, or, when there is not a physical curb, the actual constructed portion of a street.

(Ord. 03-015; Am. Ord. 05-19)

12-1-96 AGGRESSIVE DRIVING.

“Aggressive Driving” means committing two or more traffic violations simultaneously or in succession so as to endanger other persons or property.

(Ord. 03-015; Am. Ord. 05-19)

12-1-97 BICYCLE LANE.

A “Bicycle Lane” is a portion of the roadway that has been designated by striping, signing, or pavement markings for the preferential and exclusive use of bicyclists.

(Ord. 12-09)

12-1-98 BICYCLE PATH.

A “Bicycle Path” is a publicly owned and maintained path or way primarily used by bicyclists which may be shared with pedestrians or, if designated by sign, for the use of bicyclists only.

(Ord. 12-09)