(A) For the purpose of this Traffic Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(B) Words and phrases defined in state statutes which regulate operation of vehicles will be understood to have the same meaning ascribed to them as in the state statutes, unless otherwise defined in this code.
ACCIDENT. An accident is the touching or scraping of a vehicle or a bicycle against any other vehicle, bicycle, person or object, whether intentionally or negligently.
ACIDS. See CORROSIVE LIQUIDS.
ALLEY. A public way within a block primarily intended for service and access to abutting property by vehicles.
ASTRIDE. With one leg on each side.
AUTHORIZED EMERGENCY VEHICLE. Vehicles of the Fire Department, police vehicles, ambulances and such emergency vehicles of municipal departments or public service corporations as are authorized or designated by the Commissioner of the Department of Motor Vehicles, Chief of the New Mexico State Police or by the Mayor or his designated representative.
BAIL BOND. A contract between a surety and the city to the effect that the accused and the surety will comply with all the conditions of the bond which subjects the bond to forfeiture if not followed.
BICYCLE. Every pedal-powered device propelled by human power upon which no more than two persons may ride.
BICYCLE LANE. A portion of the roadway, designated by signs, markings, physical separations, or reflectorized buttons, for the use of bicyclists only.
BICYCLE PATH. A publicly owned and maintained path or way primarily used by bicyclists which may be shared with pedestrians or, if designated by sign, for the use of bicyclists only.
BICYCLE ROUTE. A street shared by bicycles and vehicles which is designated as a "bicycle route" by sign or stencil on the pavement.
BICYCLE REGISTRATION TAG. A plate or any sticker, tag or other device to be used instead of a plate, issued by a governmental organization and bearing a registration number, date, and the name of the governmental organization from which it was issued.
BLOCK. That portion of a roadway between two intersections.
BRIDLE PATH. A publicly owned and maintained path, way or trail primarily used by horseback riders and may either be shared with pedestrians or, if designated by sign, for the use by horseback riders only.
BROADWAY/CENTRAL BUSINESS DISTRICT. All streets and portions of streets within the area described as follows: Beginning at a point on the north side of Mountain Blvd. and the east edge of Broadway Blvd.; south along the east side of Broadway, to south side of Coal Ave.; west along south side of Coal Avenue to west side of Eighth Street; north along west side of Eighth Street to north side of Mountain Blvd. east along north side of Mountain Blvd. to the east edge of Broadway, the place of beginning.
BUS. Every motor vehicle designated for carrying ten or more passengers and used for transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
BUSINESS DISTRICT. The territory contiguous to and including a roadway when, within any 300 feet along such roadway, there are buildings in use for business or industrial purposes, including but not limited to hotels, banks or office buildings, and public buildings which occupy at least 50% of the frontage collectively on both sides of the roadway.
CARGO TANK. Any tank designed to be permanently attached to any motor vehicle in which is to be transported any flammable liquid, corrosive liquid, or compressed gas.
CLASS 1 ELECTRIC-ASSISTED BICYCLE. An electric-assisted bicycle equipped with a motor not exceeding seven hundred fifty watts of power that only provides assistance when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour.
CLASS 2 ELECTRIC-ASSISTED BICYCLE. An electric-assisted bicycle equipped with a motor not exceeding seven hundred fifty watts of power that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour.
CLASS 3 ELECTRIC-ASSISTED BICYCLE. An electric-assisted bicycle equipped with a motor not exceeding seven hundred fifty watts of power that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour.
COMMERCIAL VEHICLE. Every vehicle designed, maintained or used primarily for the transportation of property but not a one-half or three-quarter ton pick-up truck.
CONSTRUCTION ZONE. Any highway, street or roadway designated by appropriate signs, barricades, markings, flagmen or traffic control device stating “Construction Zone” for the general purpose of repair or reconstruction of the highway, street or roadway.
CONTROLLED ACCESS STREET. Every highway, street or roadway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such highway, streets or roadway.
CONVERTER GEAR. Any assemblage of one or more axles with a fifth wheel mounted thereon designed for use in combination to support the front end of a semi-trailer but not permanently attached thereto.
CORROSIVE LIQUIDS. Those acids, alkaline caustic liquids and other corrosive liquids which, when in contact with living tissue, will cause severe damage of such tissue by chemical action, or in case of leakage will materially damage or destroy either other freight or a roadway by chemical action or are liable to cause fire when in contact with organic matter or with certain chemicals.
CROSSWALK. That part of the roadway at an intersection included within the prolongation or connection of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway. Any portion of a roadway, at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface.
CURB LOADING ZONE. A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or passengers.
CURTILAGE ZONE. Any area surrounding a marked construction zone, that is effected by increased traffic from a construction zone, which has been designated by appropriate signs, barricades, markings, flagmen or traffic control device as a “Double Fine Zone.”
DAYTIME. Daytime means from a half hour before sunrise to a half hour after sunset.
DEALER. Any person who sells or delivers a product for compensation.
DISABLED PERSON. Any person who has a valid handicap parking placard issued by the State of New Mexico.
DIVIDED STREET. A street which is either divided by a raised median or by painted lines separated by more than four feet in width.
DOUBLE FINE ZONE. Any construction zone or curtilage zone marked by appropriate signs, barricade, markings, flagman or traffic control device which mark the beginning and end of the Double Fine Zone for the general purpose of repair or reconstruction of the highway, street or roadway.
DRAFT ANIMAL. Any animal which is harnessed to pull a load.
DRAG RACE. The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speed or power of acceleration of a vehicle or vehicles within a certain distance or time limit. (See also RACE.)
DRIVER, MOTORIST, or OPERATOR. Every person who drives or is in actual control of a vehicle.
DWI. Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor, narcotic drug, or other drug or any combination thereof.
ELECTRIC-ASSISTED BICYCLE OR E-BIKE. A bicycle having two or three wheels, fully operable pedals, and an electric motor. Electric-assisted bicycles are classified as Class 1, Class 2 or Class 3.
EXPLOSIVES. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, or nitrogen fertilizer.
FARM TRACTOR. Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry.
FLAMMABLE SOLID. A solid substance other than one classified as an explosive which is liable, under conditions incident to transportation, to cause fires through friction, absorption of moisture, spontaneous chemical changes or as a result of retained heat from the manufacturing or processing.
FLAT. An area having a grade of 8% or less throughout.
FOOTPATH. A path, way or trail designated by sign for the use of pedestrians only.
FREEWAY. Interstate 25 or Interstate 40.
FREIGHT CURB LOADING ZONE. A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or passengers.
FUEL TANK. A fuel tank is one used to transport flammable liquid, combustible liquid, or compressed gas solely for the purpose of supplying fuel for the propulsion of a vehicle.
GLOVE COMPARTMENT. Any storage compartment of any size, either with or without a door, either in the cab of a truck or in the driver's or passenger's areas of a vehicle.
GREEN VEHICLE. A vehicle that is rated by the U.S. Environmental Protection Agency, Green Vehicle Guide with minimum Environmental Performance Scores for Greenhouse Gas and Air Pollution of 9 and a total combined score of 17 or higher.
GREEN VEHICLE GUIDE. A consumer guide developed by the U.S. Environmental Protection Agency to provide information about the environmental performance of vehicles.
GROSS VEHICLE WEIGHT RATING (GVWR) LESS THAN 10,000 POUNDS. A vehicle with the manufacturers gross weight rating less than 10,000 pounds.
GROSS WEIGHT. The weight of a vehicle unloaded plus the weight of any load thereon. The weight of the converter gear shall be added to the gross weight of the pulling vehicle.
HIGHWAY. Same as PUBLIC WAY.
INTERSECTION. The area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
INTERSTATE. The roadways known as Interstate 25 or Interstate 40.
LANDSCAPED AREA. The area located within a public way where natural ground covers such as decorative gravel, wood chips or boulders, and living vegetative materials such as trees, grasses, vines, shrubs or flowers have been installed. LANDSCAPED AREA does not include concrete, brick or other equivalent hard surface.
LANED ROADWAY. A roadway which is divided into two or more clearly marked lanes for vehicular traffic.
MEDIAN. The area of raised land that separates opposing lanes of traffic on divided roadways.
MOPEDS. A motor scooter or gasoline-powered motorized bicycle which has a motor of less than 1.5 horsepower or a motor displacement of less than 50 cubic centimeters.
MOTORCYCLE. Every motor vehicle having a saddle for the use of the rider and designated to travel on not more than three wheels in contact with the ground, but excluding a tractor.
MOTORIST. See Driver.
MOTOR SCOOTER. A motorcycle which has a motor of less than five horsepower or a motor displacement of less than 125 cubic centimeters.
MOTOR VEHICLE. Every vehicle which is either propelled by electric power obtained from overhead trolley wires but not operated upon rails, or self-propelled by an internal combustion engine or electric motor power and includes any connected trailer or semi-trailer.
MOTORIZED VEHICLE. Any vehicle which is self-propelled by gas, diesel, or electric motor, whether 2, 3, or 4 wheeled or carried on treads or tracks excluding electric-assisted bicycle or e-bike and powered micromobility devices as defined in § 5-8-2 Definitions.
NIGHTTIME. Any time other than that designated as daytime.
OFFICIAL TIME STANDARDS. Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use.
OFFICIAL TRAFFIC CONTROL DEVICE. Same as TRAFFIC CONTROL DEVICE.
OFFICIAL TRAFFIC CONTROL SIGNAL. Same as TRAFFIC CONTROL SIGNAL.
OPERATOR. See DRIVER.
OWNER. A person who holds any legal title or officer, manager, co-owner, co-partner, trustee, receiver, member of association of any entity holding legal title. In the event of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of conditions with an immediate right of possession in the vendee or lessee, then such vendee or lessee or mortgagor shall be deemed the owner.
OXIDIZING MATERIALS. An oxidizing material is a substance such as chlorate, permanganate, peroxide, or nitrate that yields oxygen readily to stimulate the combustion of organic matter.
PARK or PARKING. When prohibited means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
PARKING METER. Any mechanical device or meter placed or erected for the regulation of parking by authority of this ordinance.
PASSENGER CURB LOADING ZONE. A place adjacent to a curb for the exclusive use of vehicles during the loading or unloading of passengers.
PEDAL BUS. A four-wheeled device designed to transport multiple passengers and powered by passengers pedaling together from bike-like seats and navigated by a single person who controls steering, braking.
PEDAL BUS OPERATOR. Any person who is in actual physical control over the steering, navigation, braking, and any motorized assist for a pedal bus. Passengers, whether pedaling or not pedaling to power the device, are not operators.
PEDESTRIAN. Any person afoot.
PERSON. Every natural person including, but not limited to, any partner, officer or trustee for any firm, co-partnership, co-operative, association, corporation, estate, trust, receiver, club, company, joint venture, syndicate, firm, or other entity.
PETROLEUM. Includes gasoline, diesel fuel or any other petroleum-derived product.
POLICE OFFICER. Every officer of the municipal police department or any person authorized by the Chief of Police to direct or regulate traffic or to make arrests for violations of traffic regulations or issue citations for parking violations.
POWERED MICROMOBILITY DEVICE. A wheeled device that is fully or partially powered, has a curb weight of less than 100 lb., has an electric motor less than 750 watts, and has a top speed of less than 30 mph. A powered micromobility device includes a powered standing scooter, powered self-balancing board, powered non-self-balancing board, mobility scooter, or powered skates but does not include electric-assisted bicycles.
PRIVATE ROAD or PRIVATE DRIVEWAY. Every way or place in private ownership used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
PUBLIC GROUNDS. All public grounds owned and under the control of the city or any other governmental agency that are open to the use of the public.
PUBLIC HOLIDAYS. New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day.
PUBLIC PARKING LOT. A parking lot normally open to the public, whether privately or publicly owned or maintained.
PUBLIC WAY. The entire width between the property lines of every way publicly maintained (including easements maintained for public use) when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel, notwithstanding that same may be temporarily closed for the purpose of construction, reconstruction, maintenance, alteration or repair. The public way shall include the unused right of way, publicly owned parking lots normally open to the public and public grounds.
RACE. The use of one or more vehicles in a manner to outgain or outdistance another vehicle, prevent another vehicle from passing, arrive at a given destination ahead of another vehicle or test the physical stamina or endurance of drivers over long distance routes. (See also DRAG RACE.)
RAILROAD. A carrier of persons or property upon cars, operated upon stationary rails.
RAILROAD SIGN or SIGNAL. Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
RAILROAD TRAIN. A steam, diesel, electric, or other motor engine with or without cars coupled thereto, operated upon rails.
RECOGNIZANCE. An obligation requiring the accused to appear at all appropriate times and places or forfeit any bail and subject himself to criminal penalty for failure to appear.
RELEASE ON PERSONAL RECOGNIZANCE or RELEASE ON OWN RECOGNIZANCE. The release of a defendant without bail, bailbond or sureties upon his promise to appear at all appropriate times and places, and which subjects him to criminal penalty for failure to appear.
RESIDENCE DISTRICT. The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is, in the main, improved with a residence or residences.
RIGHT OF WAY. As between two or more vehicles, bicycles, or pedestrians, the privilege of the immediate use of the roadway.
ROADWAY. That portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways collectively.
ROADWORK SITE. Any place on a highway where construction, maintenance or repair requires workers, vehicles or equipment to be in the roadway or on an adjacent shoulder.
SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of pedestrians, and which is protected, or so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
SCHOOL BUS. Any motor vehicle, whether privately owned and operated for compensation or publicly owned, which is generally used to transport children, students or teachers to and from school or school activities.
SEMI-TRAILER. Every vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
SHARED ACTIVE TRANSPORTATION. A network or system of small vehicles, placed in the public right-of-way and for rent in short time increments, that provides increased mobility options over short distances in urban areas.
SHARED ACTIVE TRANSPORTATION STATION. Permitted stations placed throughout the right-of-way and adjacent public and private property where customers pick up and return small vehicles.
SIDEWALK. That portion of the street between the curb lines or the lateral lines of the roadway and the adjacent property lines intended for the use of pedestrians.
SLOW MOVING TRAFFIC. That traffic which is traveling at least ten miles per hour less than the posted speed limit.
SMALL VEHICLE. Bicycles, scooters, e-bikes, e-scooters, and other small, wheeled vehicles designed specifically for shared-use by no more than two individuals at a time and are deployed by private shared active transportation entities. Operators of small vehicles have the same rights as operators of bicycles in the use of streets, highways, roadways, municipal paved or dirt paths, and sidewalks, except as otherwise specifically provided by provisions of this Traffic Code.
STOP. Complete cessation of movement.
STOP INTERSECTION. An intersection in which the traffic is controlled by one or more stop signs.
STOP, STOPPING or STANDING. When prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal, or other authority.
STREET. Same as PUBLIC WAY.
TAXICAB. A passenger automobile used in the transportation of persons for hire.
TIME STANDARDS. See OFFICIAL TIME STANDARDS.
TOY. Any nonmotorized device intended to be used primarily as a toy, rather than as a means of transportation.
TRAFFIC. Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any public way for purposes of travel.
TRAFFIC CONTROL DEVICES. All signs, signals, markings, and devices placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
TRAFFIC CONTROL SIGNAL. Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
TRAILER. Every vehicle either with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and which includes house or camp trailers.
TRAVEL LANE. The portion of the roadway dedicated to the movement of motor vehicles traveling from one destination to another where a motor vehicle may not remain stationary indefinitely without eventually obstructing the free flow of traffic, and not including shoulders, bicycle lanes, or on-street parking.
TRUCK. Every motor vehicle designed, used or maintained primarily for the transportation of property.
UNATTENDED VEHICLE. Any vehicle is unattended whenever a driver is not in a position or in adequate mental or physical condition to observe the vehicle at all times or is not in adequate mental or physical condition to drive the vehicle if necessary.
U-TURN. A turn by which a vehicle initially travels in one direction, makes a movement resembling the letter "U," and upon completion of such movement, travels in the opposite direction to the direction of travel in which the vehicle was traveling prior to the start of the turning movement.
VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway, except devices used exclusively upon stationary rails or tracks.
WORKER. Any pedestrian officially engaged in work or its supervision or inspection at a road work site.
('74 Code, § 9-5-1) (Ord. 65-1974; Am. Ord. 4-1994; Am. Ord. 22-2000; Am. Ord. 61-2004; Am. Ord. 1-2006; Am. Ord. 4-2008; Am. Ord. 2014-022; Am. Ord. 2016-011; Am. Ord. 2017-010; Am. Ord. 2018-021; Am. Ord. 2019-017; Am. Ord. 2022-038; Am. Ord. 2024-021)