ARTICLE XII PENALTIES AND PROCEDURES ON ARREST

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 $500 or by imprisonment for not more than 90 days or by both such fine and imprisonment. (*)

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

12-12-1.2 PENALTY ASSESSMENT PROGRAM.

This section establishes a city penalty assessment program similar to that established in 66-8-117 NMSA 1978 for violations of provisions of the Motor Vehicle Code. The program shall be limited to violations of city traffic ordinances. The municipal court shall process all penalty assessments and all fines and fees collected shall be deposited in the treasury of the city. [66-8-130 NMSA 1978].

A. As used in the Traffic Code, “penalty assessment misdemeanor” means violation of any of the listed sections of traffic offenses for which the listed penalty assessment is established. The penalty assessments are included in this section as Appendix A. Court fees specified in Section 34.06(A)(2), as the same may be amended from time to time, shall be added to the applicable penalty assessment.

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 penalty assessment misdemeanor elects to accept a notice to appear in lieu of notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor and no probation imposed upon a suspended or deferred sentence shall exceed ninety days.

D. Unless a warning notice is given, at the time of making arrest for any penalty assessment misdemeanor, the arresting officer shall offer the alleged violator the option of accepting a penalty assessment. The violator’s signature on the penalty assessment notice constitutes an acknowledgment of guilty of the offense stated in the notice.

E. Payment of any penalty assessment must be made to the administrative office of the municipal court within thirty days. Payments of penalty assessments made by mail are timely if postmarked within thirty days of the date of arrest.

F. No record of any penalty assessment payment is admissible as evidence in any court in any civil action.

G. Whenever a person is arrested for violation of a penalty assessment misdemeanor and elects to pay the penalty assessment, the arresting officer, using the uniform traffic citation, shall complete the information section and prepare the penalty assessment notice indicating the amount of the penalty assessment, have the arrested person sign the agreement to pay the amount prescribed, give a copy of the citation to the arrested person and release him from custody. No officer shall accept custody or payment of any penalty assessment. If the arrested person declines to accept a penalty assessment notice, the officer shall issue a notice to appear.

H. 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.Violation

APPENDIX A – Penalty Assessment Program
Violation (Ordinance Number)	Title of Offense	Penalty Assessment
12-3-6	Use of Coaster Wagons, Roller Skates, Skateboards, and Similar Devices Restricted	$75.00
12-5-3	Obedience to Required Traffic Control Devices	$75.00
12-5-6	Lights and Their Application to Vehicles and Pedestrians	$125.00
12-5-7	Pedestrian Control Signals	$75.00
12-5-8	Flashing Signals	$75.00
12-5-9	Lane-Direction-Control Signals	$75.00
12-5-11	Interference with Official Traffic Control Devices or Railroad Signals	$150.00
12-5-14	Traffic Lanes	$75.00
12-5-15	Limitations on Use of Residential Streets	$75.00
12-6-1.1	Basic Rule	$95.00
12-6-1.2	Speed Limits
	Speeding Up to 10 mph over Speed Limit	$95.00
	Speeding 11 to 15 mph over Speed Limit	$145.00
	Speeding 16 to 20 mph over Speed Limit	$195.00
	Speeding 21 to 25 mph over Speed Limit	$245.00
	Speeding 26 to 30 mph over Speed Limit	$295.00
	Speeding 31 to 35 mph over Speed Limit	$345.00
	Speeding More Than 35 mph over Speed Limit	$395.00
12-6-1.5	Minimum Speed Regulation	$95.00
12-6-1.7	Special Speed Limitations	$95.00
12-6-2.1	Drive on Right Side of Street	$75.00
12-6-2.2	Passing Vehicles Proceeding in Opposite Direction	$75.00
12-6-2.3	Overtaking a Vehicle on the Left	$75.00
12-6-2.4	Limitations on Overtaking on the Left	$75.00
12-6-2.5	Further Limitations on Driving on Left of Center of Street	$75.00
12-6-2.6	When Overtaking on the Right is Permitted	$75.00
12-6-2.7	No Passing Zones and Restrictions on Passing	$125.00
12-6-2.9	Obedience to Signs Designating One-Way Streets and Alleys	$100.00
12-6-2.10	Rotary Traffic Islands	$75.00
12-6-2.12	Driving on Streets Laned for Traffic	$75.00
12-6-2.13	Following Too Closely	$100.00
12-6-2.14	Driving on Divided Streets	$75.00
12-6-2.15	Controlled Access	$75.00
12-6-2.16	Restrictions on Use of Controlled Access Streets	$75.00
12-6-4.1	Vehicle Approaching or Entering Intersection	$100.00
12-6-4.2	Vehicles Turning Left at Intersection	$100.00
12-6-4.3	Vehicles Entering Stop or Yield Intersection	$100.00
12-6-5.1	Required Position and Method of Turning at Intersection	$100.00
12-6-5.4	Obedience to No Turn Signs	$100.00
12-6-5.5	Limitations on Turning Around	$100.00
12-6-5.6	Turning on Curve or Crest of Grade Prohibited	$100.00
12-6-5.7	Starting Parked Vehicle	$75.00
12-6-5.8	Turning and Stopping Movements and Required Signals	$75.00
12-6-5.9	Signals by Hand and Arm or Signal Device	$75.00
12-6-5.10	Method of Giving Hand and Arm Signals	$75.00
12-6-6.1	Stopping, Standing or Parking Prohibited in Specific Places	$75.00
12-6-6.2	Additional Parking Regulations	$75.00
12-6-6.3	Stopped or Parked Vehicles Not to Interfere with Other Traffic	$75.00
12-6-6.4	Parking in Alleys	$75.00
12-6-6.5	All-Night Parking Prohibited	$75.00
12-6-6.6	Parking for Certain Purposes Prohibited	$75.00
12-6-6.7	Parking Adjacent to Schools Prohibited	$75.00
12-6-6.8	Parking Prohibited on Narrow Streets	$75.00
12-6-6.9	Standing or Parking on One-Way Streets	$75.00
12-6-6.10	Standing or Parking on Divided Streets	$75.00
12-6-6.11	No Stopping, Standing or Parking Near Hazardous or Congested Places	$75.00
12-6-6.12	Stopping, Standing or Parking Restricted or Prohibited on Certain Streets	$75.00
12-6-6.13	Angle Parking	$75.00
12-6-6.14	Stopping, Standing or Parking Outside of Business or Residence Districts	$75.00
12-6-7.1	Emerging from Alley, Building, Driveway or Private Road	$75.00
12-6-7.2	Stop When Traffic Obstructed	$75.00
12-6-7.3	Stopping for School Bus	$150.00
12-6-7.4	Operation of Vehicle on Approach of Authorized Emergency Vehicle; of Oncoming Vehicle – Yield Right-of-Way	$150.00
12-6-8.3	Stopping, Standing or Parking in Passenger Curb Loading Zones	$75.00
12-6-8.4	Stopping, Standing or Parking in Freight Curb Loading Zones	$75.00
12-6-9.2	Stopping, Standing or Parking of Buses and Taxicabs Regulated	$75.00
12-6-9.3	Restricted Use of Bus and Taxicabs Stands Regulated	$75.00
12-6-10	School Crossings	$150.00
12-6-11.1	Permit for Excessive Size and Weight – Special Notification Required on Movement of Manufactured Homes	$100.00
12-6-11.2	Slow-Moving Vehicle Identification	$100.00
12-6-11.3	Escort to Be Furnished for Movement of Hazardous Vehicles	$100.00
12-6-12.4	Careless Driving	$200.00
12-6-12.5	Operators and Chauffeurs Must Be Licensed	$100.00
12-6-12.8	Unattended Motor Vehicle	$75.00
12-6-12.9	Limitations on Backing	$100.00
12-6-12.10	Obstruction to Driver’s View or Driving Mechanism	$100.00
12-6-12.11	Restriction on Use of Television in Motor Vehicles	$100.00
12-6-12.12	Coasting Prohibited	$75.00
12-6-12.13	Following Fire Apparatus Prohibited	$200.00
12-6-12.14	Crossing Fire Hose	$200.00
12-6-12.15	Driving Through Safety Zones Prohibited	$200.00
12-6-12.16	Vehicles Shall Be Driven Only on Streets, Private Roads and Driveways	$100.00
12-6-12.17	Driving on Sidewalk and Private Property	$100.00
12-6-12.18	Prohibited Activities While Driving	$75.00
12-6-12.20	Processions	$100.00
12-6-12.21	Driver to Take Precautions Approaching the Blind	$150.00
12-6-12.23	Permitting Unauthorized Persons to Drive	$75.00
12-6-13.2	Unlawful Riding	$75.00
12-6-13.3	Unhitched Trailer on Street	$75.00
12-6-13.5	Destructive or Injurious Material on Roadway	$200.00
12-6-13.6	Trains and Buses Not to Obstruct Streets	$100.00
12-6-13.7	Boarding or Alighting From Vehicles	$75.00
12-6-13.8	Improper Opening of Doors	$75.00
12-6-13.9	Occupied Moving House Trailer	$75.00
12-6-13.10	Animals on Street	$100.00
12-6-13.11	Driving on Steep Grades	$75.00
12-6-13.12	Child Passenger Restraint; Penalty; Enforcement	$200.00
12-6-13.13	Mandatory Use of Seatbelts	$200.00
12-6-14.1	Pedestrian Obedience to Traffic Control Devices and Traffic Regulations	$75.00
12-6-14.2	Pedestrians Right-of-Way in Crosswalks	$100.00
12-6-14.3	Pedestrians to Use Right Half of Crosswalk	$100.00
12-6-14.4	Crossing at Other Than Crosswalks	$100.00
12-6-14.5	Pedestrians on Streets	$75.00
12-6-14.6	Pedestrians Soliciting Rides or Business	$75.00
12-6-14.7	Obedience of Pedestrians to Bridge and Railroad Signals	$100.00
12-6-14.8	Drivers to Exercise Due Care	$100.00
12-6-18	Prohibited Use of Electronic Device While Driving	$100.00
12-7-2	Operating Motorcycles on Streets Laned for Traffic	$150.00
12-7-3	Clinging to Other Vehicles	$150.00
12-7-4	Riding on Motorcycles	$75.00
12-7-5	Eye-Protective Devices or Windshields	$75.00
12-7-6	Mandatory Use of Protective Helmet	$75.00
12-7-7	Footrests and Handlebars	$75.00
12-7-8	Motorcycle Maneuverability	$75.00
12-7-9.1	Off Highway Motor Vehicles – Registration; Plate Requirement	$75.00
12-7-9.2	Operation of Off-Highway Motor Vehicles on Streets or Highways – Prohibited Areas	$75.00
12-7-9.3	Driving of Off-Highway Motor Vehicles Adjacent to Streets	$75.00
12-7-9.4	Operation of Off-Highway Motor Vehicles on Private Lands	$75.00
12-7-9.5	Accidents and Accident Reports	$75.00
12-7-10	Mopeds – Standards – Operator Requirements – Application of Motor Vehicle Code	$75.00
12-8-2	Traffic Regulations Apply	$75.00
12-8-3	Seated Passenger	$75.00
12-8-4	Clinging to Vehicles	$75.00
12-8-5	Position on the Roadway	$75.00
12-8-6	Carrying Articles	$75.00
12-8-7	Bicycle Equipment	$75.00
12-8-8	Obedience to Traffic-Control Devices	$75.00
12-8-9	Parking of Bicycle	$75.00
12-8-10	Bicycle Speed	$75.00
12-8-11	Emerging from Alley, Driveway, Private Road or Building	$75.00
12-8-12	Riding on Sidewalks	$75.00
12-9-9	Parking in Designated Disabled Parking Spaces	$200.00
12-10-1.1	Prohibited Acts	$75.00
12-10-1.2	Vehicles to Be in Safe Condition	$75.00
12-10-1.3	When Lighted Lamps Are Required	$75.00
12-10-1.4	Visibility Distance and Mounted Height of Lamps	$75.00
12-10-1.5	Head Lamps on Motor Vehicles	$75.00
12-10-1.6	Dimming of Lights	$75.00
12-10-1.7	Tail Lamps	$75.00
12-10-1.8	Vehicles to Be Equipped with Reflectors	$75.00
12-10-1.9	Stop Lamps, Signal Lamps, and Signal Devices	$75.00
12-10-1.10	Mufflers – Prevention of Noise – Emission Control Devices	$100.00
12-10-1.11	Lamp or Flag on Projecting Load	$100.00
12-10-1.12	Windshields Must Be Unobstructed and Equipped with Wipers	$100.00
12-10-1.12.1	Sun Screening Material on Windshields and Windows – Requirements – Violation – Penalty	$100.00
12-10-1.13	Prohibiting Lugs	$100.00
12-10-1.14	Permission to Use Emergency Equipment on Other than Official Vehicles	$150.00
12-10-1.15	Prohibiting Metal Tires or Dragging Load	$100.00
12-10-1.16	Brakes	$75.00
12-10-1.17	Horns, Warning and Sound Amplification Devices	$75.00
12-10-1.18	Mirrors	$75.00
12-10-1.19	Application of Succeeding Sections	$75.00
12-10-1.20	Additional Equipment Required	$75.00
12-10-1.21	Color of Clearance Lamps, Side Marker Lamps and Reflectors	$75.00
12-10-1.22	Lamps and Reflectors – Truck Tractors and Road Tractors	$75.00
12-10-1.23	Lamps and Reflectors – Large Semi-Trailers, Full Trailers and House Trailers	$75.00
12-10-1.24	Lamps and Reflectors – Small Semi-Trailers, House Trailers and Trailers	$75.00
12-10-1.25	Lamps and Reflectors – Pole Trailers	$75.00
12-10-1.26	Lamps and Reflectors – Combinations in Driveaway – Towaway Operations	$75.00
12-10-1.27	Mounting of Reflectors, Clearance Lamps and Side-Marker Lamps	$75.00
12-10-1.28	Clearance Lamps to Indicate Extreme Width, Height and Length	$75.00
12-10-1.29	Side-Marker Lamps Combined With Clearance Lamps	$75.00
12-10-1.30	Combination Tail and Stop Lamps	$75.00
12-10-1.31	Lighting Devices to Be Electric	$75.00
12-10-1.32	Requirements for Headlamps and Auxiliary Road Lighting Lamps	$75.00
12-10-1.33	Requirements for Clearance, Side Marker and Other Lamps	$75.00
12-10-1.35	Lamps on Parked Vehicles	$75.00
12-10-1.36	Lamps on Other Vehicles and Equipment	$75.00
12-10-1.37	Spot Lamps and Auxiliary Lamps	$75.00
12-10-1.38	Additional Lighting Equipment	$75.00
12-10-1.39	Multiple Beam Road Lighting Equipment	$75.00
12-10-1.40	Use of Multiple Beam Road Lighting Equipment	$75.00
12-10-1.41	Single Beam Road Lighting Equipment	$75.00
12-10-1.42	Alternate Road Lighting Equipment	$75.00
12-10-1.43	Number of Driving Lamps Required or Permitted	$75.00
12-10-1.44	Special Restrictions on Lamps	$100.00
12-10-1.45	Lights on Snow Removal Equipment	$75.00
12-10-1.46	Unattended Motor Vehicle	$75.00
12-10-1.47	Stopped Vehicles Not to Interfere with Other Traffic	$75.00
12-10-1.48	Emergency Signals – Disabled Vehicles	$75.00
12-10-1.49	Non-Emergency Signals – Stopped or Parked Vehicles	$75.00
12-10-1.50	Emergency Signals – Flame Producing	$75.00
12-10-1.51	Emergency Signals – Dangerous Cargoes	$75.00
12-10-3.3	Projecting Loads on Passenger Vehicles	$75.00
12-10-3.4	Special Projecting Load Limits	$75.00
12-10-3.5	Trailers and Towed Vehicles	$75.00
12-10-3.6	Width of Vehicles	$75.00
12-10-3.7	Height and Length of Vehicles and Loads	$75.00
12-10-4	Display of Current Valid Registration Plate	$75.00
12-10-5	Evidence of Registration to Be Signed and Exhibited on Demand	$75.00

(Ord. 03-015; Am. Ord. 05-19; Am. Ord. 09-32; Am. Ord. 09-44; Am. Ord. 10-23; Am. Ord. 12-09; Am. Ord. 14-11; Am. Ord. 19-05; Am. Ord. 19-26)

12-12-1.3 MUNICIPAL PRISONERS WORK PROGRAM.

A. Every person pleading guilty or nolo contendere to, or any person convicted of, a violation of any article of the City, and who has not paid in full any fine or penalty levied by the municipal judge, may be incarcerated in the Sandoval County jail, or other place provided by the City for incarceration of such offenders, and may work for the City, at such labor the person’s strength will permit, within or without the place of incarceration, as directed by the supervisor of the place of incarceration, and not exceeding ten hours each working day.

B. Each prisoner required to work, as provided in subsection A of this section, shall be credited with eight times the federal hourly minimum wage per day in reduction of any fine.

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

12-12-1.4 SUSPENSION, PROBATION, COMMUNITY SERVICE.

A. Upon a plea of guilty or a judgment of conviction for violation of a municipal ordinance, the municipal court 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 the court deems best, or both.

B. Suspension of execution of the sentence or probation, or both, shall be granted only when the municipal judge is satisfied it will serve the ends of justice and of the public.

C. The defendant’s liability for any fine or other punishment imposed shall be fully discharged upon successful completion of the terms of probation.

D. The municipal court may, as a condition of probation, require the defendant to serve a period of time in volunteer labor to be known as community service. The type of labor and period of service shall be at the sole discretion of the court; provided that any person receiving community service shall be immune from any civil liability other than gross negligence arising out of the community service, and any person who performs community service pursuant to court order or any criminal diversion program shall not be entitled to any wages, shall not be considered an employee for any purpose and shall not be entitled to workmen’s compensation, unemployment benefits or any other benefits otherwise provided by law. As used in this Section, “community service” means any labor that benefits the public at large or any public, charitable, or educational entity or institution.

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

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 chief of police or his authorized agent and shall maintain a record of every book issued and shall require a written receipt for every book.

C. The chief of police 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 penalty assessment or 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. Whenever a person is arrested for violation of a penalty assessment misdemeanor and elects to pay the penalty assessment, the arresting officer, using the uniform traffic citation, shall complete the information section and prepare the penalty assessment notice indicating the amount of the penalty assessment, have the arrested person sign the agreement to pay the amount prescribed, give a copy of the citation along with a business reply envelope addressed to the municipal court with jurisdiction and release him from custody. No officer shall accept custody or payment of any penalty assessment. If the arrested person declines to accept a penalty assessment notice, the officer shall issue a notice to appear. (66-8-123 B NMSA 1978)

C. 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.

D. 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.

E. 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. Law enforcement officers of the department of public safety 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)

(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)

(10) who is charged with attempting to flee or elude a law enforcement officer, pursuant to 12-6-12.7;

(11) who is charged with driving when his privilege to do so was suspended or revoked, when the arresting officer has good cause to believe, based on telecommunicative information from the New Mexico Division of Motor Vehicles, that the person charged has a driving history of not appearing in court for citations charged;

(12) who is charged with consumption or possession of alcoholic beverages in open containers in a motor vehicle, pursuant to 12-6-13.14;

(13) who is charged with minors; alcoholic liquor; possession while operating a motor vehicle, pursuant to 12-6-13.14 or 14-1-7; or

(14) who is charged with parties to unlawful acts, pursuant to 12-6-12.24, and when the unlawful act has been specified in the aforementioned subsections.

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)

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

12-12-6 IMMEDIATE APPEARANCE BEFORE MUNICIPAL OR MAGISTRATE JUDGE.

Whenever any person is arrested for any violation of this chapter or other law relating to motor vehicles punishable as a misdemeanor, he shall be immediately taken before an available municipal judge who has jurisdiction of the offense when that:

(1) person requests immediate appearance;

(2) person is charged with driving while under the influence of intoxicating liquor or narcotic drugs;

(3) person is charged with failure to stop in the event of an accident causing death, personal injuries or damage to property;

(4) person is charged with reckless driving;

(5) arresting officer has good cause to believe the person arrested has committed a felony;

(6) person refuses to give his written promise to appear in court or acknowledge receipt of a warning notice;

(7) 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);

(8) person is charged with attempting to flee or elude a law enforcement officer;

(9) person is arrested and charged with consumption or possession of alcoholic beverages in open containers in motor vehicles;

(10) person is arrested and charged with minor; alcoholic liquors; possession while operating a motor vehicle, pursuant to 12-6-13.14 or 14-1-7; or

(11) person is arrested and charged with parties to unlawful acts.

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

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.

Amended July, 2007

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 the peace officer’s 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 access zones for persons with significant mobility limitation. Prior to the commissioning of any security guard, the employer of the security guard shall agree in writing with the local police agency to the 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 the security guard’s duties pursuant to that commission. 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 HANDLING OF CITATIONS

A. 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. (66-8-128 D NMSA 1978)

B. 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. (66-8-133 NMSA 1978)

C. 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)

D. 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. (*)

E. The chief of police 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. (*)

F. The chief of police shall issue, keep a record and require a receipt for each serially numbered citation issued to individual police officers. (66-8-132 NMSA 1978)

G. 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 grounds 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 Chief of Police 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 Chief 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 therefore 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 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 Chief 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 Chief 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 Chief, 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 Chief 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. A 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 licensed 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 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 judgment for such damages.

G. The proceeds of any such judgment 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)

(Ord. 03-015; Am. Ord. 05-19. Formerly 12-12-21)

12-12-21 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)

(Ord. 03-015; Am. Ord. 05-19. Formerly 12-12-22)