For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY.
The City of Albuquerque.
CITY CLERK.
The City Clerk of the City of Albuquerque.
DEFAULT.
The failure to timely pay a fine or repair or disable a vehicle.
DEPARTMENT OF MOTOR VEHICLES
or
DMV.
The Motor Vehicle Division of the Division of Taxation and Revenue Department of the State of New Mexico or its successor agencies.
DRIVER.
The person operating a motor vehicle at the time of a violation.
EFFECTIVE DATE.
The date of a Warning and Notice of Delivery for Inspection or Notice of Violation that triggers the running of other time periods under this article.
HEARING OFFICER. The City Hearing Officer, as defined by the Independent Office of Hearings Ordinance (§§ 2-7-8-1 et seq. ROA 1994).
IMMOBILIZE.
To prevent a vehicle from being driven by use of a boot or other restraint device.
MAYOR.
The Mayor of the City of Albuquerque or any person to whom the Mayor has given authority.
NOTICE OF DEFAULT.
A document delivered to the registered owner and stating that the registered owner has an unpaid fine or other uncured condition.
NOTICE OF VIOLATION AND FINE DUE
or
NVFD.
A document delivered to the registered owner of a vehicle informing them that they failed to deliver a vehicle for inspection as required under this article.
PERSON.
Any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision, or agency or any other legal entity or legal representative, agent, or assign. Where the operator is not the owner, the owner shall have primary responsibility for compliance.
POLICE OFFICER.
A sworn member the Albuquerque Police Department, the Bernalillo 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 Albuquerque.
REGISTERED OWNER.
The owner or owners of a vehicle according to the license plate number or information obtained from the Department of Motor Vehicles, from similar motor vehicle agencies outside New Mexico, from information obtained from the Metropolitan Court, from police records, or from any other documentation or methods reasonably relied upon by Police Officers. The singular includes the plural.
SEIZE.
To take a vehicle from the registered owner for a failure to cure a default.
TREASURY DIVISION.
The Treasury Division of the City of Albuquerque.
VIOLATION
or
OFFENSE.
A violation of this article.
VISIBLE AIR CONTAMINANT EMISSION
or
VACE.
Any fume, smoke, particulate matter, vapor, or gas emitted from a vehicle in an amount that would be deemed substantially excessive according to the observations of any reasonable person.
VPMD.
The Vehicle Pollution Management Division of the Environmental Health Department of the City of Albuquerque.
WARNING AND NOTICE OF DELIVERY FOR INSPECTION
or
WNDI.
Written notice from VPMD to a registered owner that a possible VACE has been observed and that the vehicle must be brought to VPMD for examination.
(Ord. 40-2005; Am. Ord. 31-2007)