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
12-5-9 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
12-5-13 Crosswalks and Safety Zones
12-5-15 Limitations on Use of Residential Streets
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:
(1) “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
(2) “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. An area of unobstructed vision means the clear sight triangle as defined in the City’s planning and zoning ordinance.
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. (*)
(Ord. 03-015; Am. Ord. 05-19)
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:
(1) 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
(2) 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. (*)
12-5-15 LIMITATIONS ON USE OF RESIDENTIAL STREETS.
The administrator may designate and maintain signs indicating that certain streets are residential weight zones and that non-delivery commercial vehicles of over two tons are not allowed except by special permit. School buses, moving vans, and garbage trucks are exempted from this section of the article.
(Ord. 03-015; Am. Ord. 05-19)