CHAPTER 71:
SAFE TRAFFIC OPERATIONS PROGRAM
Section
71.07 Parking of mobile CSD vehicles
71.01 SHORT TITLE.
This chapter shall be referred to as the Safe Traffic Operations Program or “STOP.”
(Ord. 10-22)
71.02 FINDINGS AND INTENT.
(A) The governing body finds that there is a significant risk to the health and safety of the community from drivers who run red lights and exceed the posted speed limits. The governing body finds that the city has a high serious injury rate resulting from red light violations and a blatant disregard by drivers for existing state red light laws; that red light violations are a public nuisance; that red light violations are a matter of unique local concern, in part due to high traffic volume and crowded intersections in the city; and that red light violations are causally connected to death or serious injury to a degree not evident with regard to other traffic infractions.
(B) The governing body finds that many states and municipalities across the country have experienced substantial decreases in red light violations by using red light cameras; that red light cameras produce reliable evidence of red light violations; that it is reasonable for police officers to rely on red light camera evidence even if the officer did not personally observe the violation; that red light cameras save lives and make our streets safer; that the current penalty under state law for running a red light is inadequate to meaningfully address the nuisance and that the city must implement meaningful civil remedial measures that will stop red light violations, making our streets safer and saving lives; and that red light violations are a nuisance that shall be abated by the assessment of fines to compensate the city and taxpayers who do not commit these violations.
(C) The governing body finds that some drivers in the city repeatedly violate posted speed limits; that state law against speeding is inadequate to preserve public safety in the city; that photographic and electronic devices that measure speed are accurate and reliable; and that implementation of enforcement of speed limits by means of photographic and electronic equipment will abate the nuisance of speeding.
(D) The governing body finds that peer-reviewed scientific studies have shown automated photographic enforcement of speed and red light violations to reduce traffic crashes, injuries and deaths; and that automated photographic enforcement of speed and red light violations have been endorsed by the National Safety Council, the Federal Highway Administration, the Governor’s Highway Safety Administration, and the Insurance Institute for Highway Safety.
(E) The governing body declares that this chapter is a nuisance abatement provision enacted pursuant to the city’s inherent authority under state law and that the remedies are purely civil and not criminal in nature.
(Ord. 10-22)
71.03 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTHORIZED EMERGENCY VEHICLE has the meaning in NMSA 1978 § 66-1-4.1(E) (2007), as amended from time to time, including without limitation any Fire Department vehicle, police vehicle, ambulance and any emergency vehicles of municipal departments or that are otherwise designated or authorized as emergency vehicles by the director of the New Mexico State Police Division of the Department of Public Safety or the Chief of Police of the city’s Police Department.
CAMERA SPEED DEVICE or CSD means the instrument that detects a violation of this chapter. The definition includes but is not limited to photo red light cameras and electronic speed detection equipment reasonably relied upon by police officers.
CITY means the City of Rio Rancho.
CITY MANAGER means the City Manager of the City of Rio Rancho.
CONTRACTOR means a person or entity that enters a contract with the city to provide the city with photographic or electronic evidence of a violation through a CSD.
DEFAULT means the failure to pay a STOP fine or to timely pay a fine pursuant to a decision of a hearing officer under this chapter.
DELIVERY or DELIVERED means the mailing of a STOP fine notice to a registered owner or nominee or personal service of a STOP fine notice or hearing officer decision on a registered owner or nominee.
DEPARTMENT means the police agency that employs the police officer who issues a STOP fine notice or caused a STOP fine notice to be issued.
DEPARTMENT OF MOTOR VEHICLES or DMV means the Motor Vehicle Division of the Taxation and Revenue Department of the State of New Mexico or its successor agencies. With respect to a vehicle registered in another state, DEPARTMENT OF MOTOR VEHICLES or DMV means the corresponding motor vehicle agency in such other state.
DRIVER means the person operating a motor vehicle at the time of a violation.
EFFECTIVE DATE means the date a STOP fine notice is mailed to the recipient by the contractor as indicated on the face of the STOP fine notice.
FINANCE DEPARTMENT means the city’s Department of Financial Services, established by Section 32.16.
HEARING OFFICER means the City Hearing Officer, as appointed by the presiding judge of the civil division of the Thirteenth Judicial District Court. The Hearing Officer shall be a licensed member of the New Mexico Bar, and may or may not be an employee of the city, in the discretion of the City Manager.
IDENTIFY means to submit all information on a driver sufficient to allow the city to locate and notify the driver in lieu of the registered owner, including but not limited to the name and address of the driver.
NOMINATE or NOMINATION means to identify the actual driver of a car by the registered owner as the responsible party for a violation.
NOMINEE means the person or entity identified by the registered owner as the driver or responsible party.
NOTICE OF DEFAULT means a document delivered to the registered owner and stating that the registered owner is in default.
NUISANCE means the act of operating a vehicle in violation of this chapter.
OWNER’S AFFIDAVIT means a written statement signed under oath and submitted to the city or the city’s contractor under penalty of perjury by the registered owner of a vehicle who asserts therein that the registered owner was not driving a vehicle at the time of a violation.
POLICE OFFICER means a sworn member of the Rio Rancho Police Department, the Sandoval County Sheriff’s Office, the New Mexico State Police, or any other public official with authority to stop a vehicle for a traffic violation in the city.
PUBLIC SAFETY AIDE means a public safety aide of the Rio Rancho Police Department.
REGISTERED OWNER means the owner or owners of a vehicle according to the license plate number or information obtained from the Department of Motor Vehicles, from a corresponding motor vehicle agency outside New Mexico, from information obtained from the Rio Rancho Municipal Court, from the Sandoval County Magistrate Court, from Department records, from a CSD or from any other documentation or methods reasonably relied upon by police officers.
RESPONDENT means an accused violator who has received a STOP fine notice and requested a hearing.
STOP FINE means the fine assessed for a violation, as set forth in Section 71.05(H) or successor provision under this chapter (or successor chapter of the city’s codified ordinances).
STOP FINE NOTICE means a written document mailed to the address of the registered owner or nominee stating that a violation has occurred and payment is due.
VIOLATION means a violation of this chapter.
(Ord. 10-22)
71.04 VIOLATION.
Any violation of Section 12-5-6 or Section 12-6-1.2 of the City Traffic Code (Chapter 70) is a violation of this chapter. This chapter does apply to authorized emergency vehicles responding to an emergency. This chapter does not apply to vehicles in an intersection during a red light while involved in a police officer or public safety aide controlled funeral procession or a city-permitted parade, or when responding to a police officer directing traffic.
(Ord. 10-22)
71.05 ENFORCEMENT.
(A) Criminal violation observed by police officer. This chapter does not abrogate or impair enforcement authority of existing traffic laws by a police officer.
(B) Violation recorded by CSD. The contractor shall provide all evidence of a CSD-recorded violation to a police officer. A police officer shall review all CSD evidence provided by the contractor. If the police officer determines that a violation has occurred, the police officer shall cause a STOP fine notice to be delivered to the registered owner. The registered owner is strictly and vicariously liable for the violation unless one of the exceptions herein applies. If there is more than one registered owner, all registered owners shall be jointly and severally liable for the violation.
(C) STOP fine notice.
(1) Form and contents. The STOP fine notice shall state and contain the name of the registered owner or owners or nominee, the effective date of the STOP fine notice, the type of violation, the date, time, and location of the violation, a picture of the violation, the license number of the vehicle, the name and identification of the issuing police officer, the amount of the fine, the response due date and the return address. The STOP fine notice shall conspicuously and in boldface type state: “Failure to pay this fine on time may lead to serious legal consequences including the assessment of additional monies due.” The STOP fine notice shall include an owner’s affidavit form, and a return envelope. The STOP fine notice shall inform the registered owner or the nominee of the right to request a hearing by so indicating in a space provided on the form and returning same in the return envelope.
(2) Delivery. The STOP fine notice shall be delivered to the address of the registered owner according to the address registered with the Department of Motor Vehicles or to the address of the nominee according to the owner’s affidavit. The registered owner has a duty to timely notify DMV of a change of address and the failure to do so does not entitle the registered owner to assert a defense of inadequate notice. The mailing of a STOP fine notice to the address of the registered owner of a vehicle according to the records of DMV or to the address of the nominee according to the owner’s affidavit is adequate or constructive notice of a STOP fine notice.
(D) Response to a STOP fine notice. Within 35 days from the effective date, the registered owner shall pay the fine, file an owner’s affidavit making a nomination, or request a hearing. The response must be actually received no later than 35 consecutive days (including holidays) from the effective date. No additional time for mailing is allowed. If the fine has not been paid, there has been no nomination or a request for a hearing within 35 days from the effective date, the contractor shall send written notice of default to the Department, and to the registered owner or nominee or both.
(1) Payment of STOP fine. Upon receipt of the STOP fine notice, the recipient may elect to admit the violation and pay the fine. To pay the STOP fine, the recipient shall admit the violation by signing and dating the STOP fine notice on a space provided and return the STOP fine notice with payment to the contractor or to the city (as directed in the STOP fine notice) within 35 days. The city may, but is not required to, adopt procedures for alternative methods of payment of fines using the Internet or other online services. There shall be a $50 penalty for any payment tendered that is not honored or is returned for any reason.
(2) Request for hearing. The recipient of the STOP fine notice may request a hearing by so indicating on the STOP fine notice and returning it to the Hearing Officer within 35 days of the effective date. There is no fee for a hearing. The Hearing Officer shall schedule a hearing pursuant to subsection (F) of this section.
(3) Nomination.
(a) Any registered owner who was not driving the car at the time of the violation may either accept the responsibility and pay the STOP fine, or identify the driver so the contractor can send a STOP fine notice to the driver. If the registered owner claims that another person was driving the vehicle at the time of the violation, the registered owner shall so indicate on the owner’s affidavit and identify the person who was driving the vehicle. Any registered owner who submits an owner’s affidavit does so under penalty of perjury.
(b) A new STOP fine notice shall be forthwith delivered to the nominee. The effective date of the STOP fine notice sent to the nominee is the day the STOP fine notice is issued to the nominee as indicated on the face of the new STOP fine notice. If the nominee successfully appeals the allegation that he or she was the driver or defaults, the city may proceed against the registered owner by issuing a new STOP fine notice to the registered owner, with the effective date being the date so indicated on the face of the subsequent STOP fine notice. The registered owner is also responsible for payment of the STOP fine if the city cannot assert jurisdiction over the nominee, subject to the remaining defenses available in this chapter.
(c) The nomination procedure described in this subsection is available to any registered owner, including but not limited to individuals, business entities, and governmental entities. Without limitation on the foregoing, nomination may be used when:
1. The registered owner is the United States of America, the State of New Mexico, Sandoval County, the City of Rio Rancho, or any other governmental entity that owns the vehicle that was being driven by a natural person who was an employee, contractor or agent of the governmental entity at the time of the alleged violation. Such entity shall nominate and identify the driver.
2. The registered owner is a business, corporation or other nonnatural entity that owns the vehicle that was being driven by a natural person who was the employee, contractor or agent of the entity at the time of the alleged violation. Such entity shall nominate and identify the driver.
3. The registered owner is an automobile rental business, automobile dealership or other business entity that, in the ordinary course of business, leases or loans vehicles to others and the lessee or customer was driving the vehicle at the time of the alleged violation. Such entity shall nominate and identify the driver.
4. The registered owner was not driving the vehicle at the time of the violation. To assert the defense mentioned in this subsection, the registered owner shall identify the actual driver and comply with the nomination provision above to assert this defense.
(E) Default. If the city does not receive payment of the STOP fine, a nomination or a request for a hearing within 35 days from the effective date, the registered owner is in default. Default automatically results in liability to the registered owner for the STOP fine, and the registered owner is barred from requesting or obtaining any hearing on the merits of the STOP fine on grounds of the defense enumerated in subsection (G)(3) of this section. A default results in an additional late fee of $25. The Department shall cause the contractor to mail the notice of default to the defaulting party. The notice of default shall inform the recipient that they have 20 days from the date of mailing of the notice of default to pay the fine or request a hearing from the Hearing Officer. If the default is not cured, the city may pursue all remedies for collection of a debt and is entitled to an award of reasonable attorney’s fees incurred. An uncured notice of default shall be entered into the records of the Department. The registered owner is liable for a default by a nominee unless the registered owner demonstrates by a preponderance of the evidence, at a timely requested hearing, that another person was driving the vehicle at the time of the violation. The defenses enumerated in subsections (G)(3) and (5) of this section shall not be available to a registered owner following default by a nominee.
(F) Hearing. In the event of a demand for a hearing, the Hearing Officer shall hold a hearing within 90 days from the date the request for hearing is received unless a continuance is granted pursuant to the consent of the parties. The Hearing Officer is in charge of the proceedings and may exclude any person for inappropriate conduct. The hearing shall be conducted following the rules of evidence and civil procedure for the district courts. The Department has the burden to prove, by a preponderance of the evidence, that the violation occurred. The respondent has the burden to prove any defenses by a preponderance of the evidence. A photograph, videotape or other electronic evidence of a violation is authentic, is not hearsay and shall be admitted into evidence by the Hearing Officer. The respondent may challenge the weight or accuracy of the evidence. The Hearing Officer shall render a decision in writing in 10 days and provide the decision to the Department and the Finance Department. A determination by the Hearing Officer shall not impose a total amount of penalties, fines, fees and costs in excess of that provided in this chapter. If the Department prevails, the respondent shall pay the fine within 10 consecutive days from the date of the decision. Failure to pay a fine as ordered by the Hearing Officer within 10 consecutive days from the date of the decision is a default and will apply against the vehicle without service of a notice of default. Following a hearing, the respondent may appeal the decision of the Hearing Officer to district court within 30 days of the decision and may recover the costs of filing the appeal if successful.
(G) Defenses. At a timely requested hearing, the respondent may present the following defenses, in addition to any other defenses available under law, and has the burden of proof concerning all such defenses:
(1) The vehicle was stolen or otherwise being driven without the registered owner’s knowledge or permission at the time of the alleged violation. In order to assert this defense, the registered owner shall provide a police report pertaining to the theft.
(2) The ownership of the vehicle had lawfully been transferred and conveyed from the registered owner to another person before the time of the alleged violation. To assert this defense, the registered owner shall identify the transferee and provide proof of conveyance.
(3) The evidence does not show that a violation was committed involving the subject vehicle.
(4) The registered owner was not driving the vehicle at the time of the violation. To assert this defense, the registered owner shall identify the actual driver and comply with the nomination provision in subsection (D)(3) of this section.
(5) The registered owner did not receive notice because the STOP fine notice was not mailed to the address of record with the Department of Motor Vehicles.
(H) Fine.
(1) The fine for any violation shall be $100.
(2) The Hearing Officer may allow service to the city as an alternative to payment of fines. A violator who elects the option of service to the city in lieu of payment of a fine does so voluntarily and is entitled to none of the benefits conferred upon city employees, including, without limitation, worker’s compensation or the payment of any wages or benefits. The city is not responsible for damages incurred as a result of such service except as otherwise provided by law. The person seeking relief hereunder shall timely request the option of service to the city in lieu of payment of a fine by timely requesting a hearing before a hearing officer and demonstrating that he or she is not in default on payment of any other fines levied by the city. If the Hearing Officer approves the person for relief under this subsection, the City Manager or his designee shall enter a settlement agreement whereby the person is required to provide services to the city in lieu of payment of the STOP fine. No person who cannot pass the background check to qualify as a volunteer may obtain relief under this subsection. Any person who has been tentatively approved for relief under this subsection whose subsequent background check indicates that the person is not suitable for the services assigned may be required to pay the STOP fine that would have been assessed absent the provisions of this subsection. These services may include, without limitation, cleaning up weeds and litter, volunteering at local food banks, cleaning kennels at the Rio Rancho Animal Shelter, and assisting with the maintenance of city property. Services shall be rendered in not less than full-hour increments and shall be credited against the fine at the rate of $10 per hour. Any person seeking relief under this subsection may be required to pay the cost of the required background check in addition to, and not as part of, the STOP fine, either in cash or, if approved, by provision of services under this subsection.
(Ord. 10-22)
71.06 ADMINISTRATION.
(A) The city shall install advance signal warnings as required by Section 66-7-103.1 NMSA 1978 (2009).
(B) The Department shall be responsible for administration of this chapter. Reasonable rules and regulations may be promulgated by the City Manager or his designee to carry out the intent and purpose of this chapter.
(C) The City Manager may establish a STOP ombudsman to address and resolve citizen grievances with STOP procedures and technical issues regarding automated enforcement technology.
(D) The revenue generated through STOP shall be retained and distributed in accordance with the provisions of Section 3-18-17(A)(3) NMSA 1978 (2009).
(E) The city shall annually cause an audit of the STOP program in accordance with Section 3-18-17(A)(3)(c) NMSA 1978, and remit any amounts required under Section 3-18-17(A)(3)(e) NMSA 1978 in the time and manner required thereunder.
(F) The Police Department shall report back to the governing body one year after the effective date of the ordinance codified in this chapter regarding the implementation and enforcement of this chapter, and to present any recommended amendments to this chapter.
(Ord. 10-22)
71.07 PARKING OF MOBILE CSD VEHICLES.
A vehicle deployed for the operation of a mobile camera speed device shall be exempt from the provisions of Sections 12-6-6 through 12-6-6.14 and Article IX of this title. Nothing in this section shall relieve the driver or operator of such vehicle of the duty to park with due regard for the safety of persons and property.
(Ord. 10-36)