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Albuquerque Code of Ordinances
City of Albuquerque, New Mexico Code of Ordinances
ORDINANCE 27-1994
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: GOVERNMENT
CHAPTER 3: CITY EMPLOYEES
CHAPTER 4: REVENUE AND TAXATION
CHAPTER 5: CITY PROPERTY, PURCHASES AND SALES
CHAPTER 6: WATER, SEWERS AND STREETS
CHAPTER 7: TRANSPORTATION, VEHICLES AND TRAFFIC
CHAPTER 8: TRAFFIC CODE
ARTICLE 1: GENERAL PROVISIONS
ARTICLE 2: TRAFFIC REGULATIONS
ARTICLE 3: MOTORCYCLES, BICYCLES, SCOOTERS AND TOY VEHICLES
ARTICLE 4: ANIMALS
ARTICLE 5: STOPPING, STANDING AND PARKING
PART 1: GENERAL PROVISIONS
§ 8-5-1-1 STOPPING, STANDING OR PARKING PROHIBITED ­ NO SIGNS REQUIRED.
§ 8-5-1-2 STOPPING, STANDING OR PARKING PROHIBITED BY SIGN.
§ 8-5-1-3 PARKING TIME LIMITED BY SIGN.
§ 8-5-1-4 STOPPING, STANDING OR PARKING WITHIN CERTAIN HOURS PROHIBITED BY SIGNS.
§ 8-5-1-5 METER PARKING, EXPIRED METER.
§ 8-5-1-6 NO EXTENSION OF METERED PARKING.
§ 8-5-1-7 DEFACING METER, SLUGS.
§ 8-5-1-8 CLOSE TO CURB ­ HEADED FORWARD.
§ 8-5-1-9 PARKING WITHIN STALL.
§ 8-5-1-10 ANGLE PARKING.
§ 8-5-1-11 LOADING OR UNLOADING AT AN ANGLE TO THE CURB.
§ 8-5-1-12 ALL NIGHT PARKING PROHIBITED IN A BUSINESS DISTRICT.
§ 8-5-1-13 PARKING PROHIBITED OF VEHICLE 90 INCHES WIDE.
§ 8-5-1-14 LAMPS ON A PARKED VEHICLE.
§ 8-5-1-15 PARKING NOT TO OBSTRUCT TRAFFIC.
§ 8-5-1-16 PARKING PROHIBITED IN FIRE LANE.
§ 8-5-1-17 PARKING IN ALLEYS.
§ 8-5-1-18 STANDING OR PARKING ON ONE-WAY ROADWAYS.
§ 8-5-1-19 PARKING WITHOUT LICENSE PLATE.
§ 8-5-1-20 CONTROLLED ACCESS ROADWAYS ­ STOPPING, STANDING OR PARKING.
§ 8-5-1-21 CHILD OR ANIMAL IN LOCKED VEHICLE.
§ 8-5-1-22 OPENING AND CLOSING DOORS.
§ 8-5-1-23 BOARDING OR ALIGHTING FROM VEHICLES.
§ 8-5-1-24 STARTING STOPPED, STANDING OR PARKED VEHICLE.
§ 8-5-1-25 UNATTENDED MOTOR VEHICLE.
§ 8-5-1-26 PARKING VEHICLE WITH EXPLOSIVES AND THE LIKE.
§ 8-5-1-27 AUTHORIZED POLICE AND EMERGENCY VEHICLES EXCEPTED.
§ 8-5-1-28 TOW VEHICLES EXCEPTED.
§ 8-5-1-29 [RESERVED].
§ 8-5-1-30 DISABLED PARKING.
§ 8-5-1-31 PARKING ON PRIVATE PROPERTY WHERE PROHIBITED BY SIGN; AUTHORITY TO REMOVE VEHICLES.
§ 8-5-1-32 PASSENGER CURB LOADING ZONE.
§ 8-5-1-33 [RESERVED].
§ 8-5-1-34 STOPPING, STANDING AND PARKING OF BUSES AND TAXICABS REGULATED.
§ 8-5-1-35 RESTRICTED USE OF BUS AND TAXICAB STANDS.
§ 8-5-1-36 PARKING FOR CERTAIN PURPOSES PROHIBITED.
§ 8-5-1-37 MOVING OR PUSHING VEHICLE OF ANOTHER.
§ 8-5-1-38 UNHITCHED AND HITCHED TRAILER ON PUBLIC WAY.
§ 8-5-1-39 REGISTERED OWNER RESPONSIBLE.
§ 8-5-1-40 MOVING OR MOLESTING UNATTENDED VEHICLES.
§ 8-5-1-41 PROHIBITING UNATTENDED DELIVERY VEHICLES FROM BEING LEFT IDLING.
§ 8-5-1-42 MOBILE FOOD UNITS ON PUBLIC STREETS.
§ 8-5-1-43 REPEATED NONPAYMENT OF AUTOMATED SPEED ENFORCEMENT SYSTEM FINES.
PART 2: AUTHORITY TO REMOVE OR RELOCATE VEHICLES; ABANDONED VEHICLES; INOPERABLE VEHICLES
PART 3: ENFORCEMENT
ARTICLE 6: EQUIPMENT
CHAPTER 9: HEALTH, SAFETY AND SANITATION
CHAPTER 10: AMUSEMENTS, RECREATION, CULTURE
CHAPTER 11: MORALS AND CONDUCT
CHAPTER 12: CRIMINAL CODE
CHAPTER 13: BUSINESS AND OCCUPATIONS
CHAPTER 14: ZONING, PLANNING AND BUILDING
PARALLEL REFERENCES
Charter of the City of Albuquerque
Administrative Instructions
Albuquerque Table of Resolutions
Albuquerque Code of Resolutions
Integrated Development Code
Personnel Rules and Regulations
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ARTICLE 5: STOPPING, STANDING AND PARKING
Section
   8-5-1-1   Stopping, standing or parking prohibited ­ no signs required
   8-5-1-2   Stopping, standing or parking prohibited by sign
   8-5-1-3   Parking time limited by sign
   8-5-1-4   Stopping, standing or parking within certain hours prohibited by signs
   8-5-1-5   Meter parking, expired meter
   8-5-1-6   No extension of metered parking
   8-5-1-7   Defacing meter, slugs
   8-5-1-8   Close to curb ­ headed forward
   8-5-1-9   Parking within stall
   8-5-1-10   Angle parking
   8-5-1-11   Loading or unloading at an angle to the curb
   8-5-1-12   All night parking prohibited in a business district
   8-5-1-13   Parking prohibited of vehicle 90 inches wide
   8-5-1-14   Lamps on a parked vehicle
   8-5-1-15   Parking not to obstruct traffic
   8-5-1-16   Parking prohibited in fire lane
   8-5-1-17   Parking in alleys
   8-5-1-18   Standing or parking on one-way roadways
   8-5-1-19   Parking without license plate
   8-5-1-20   Controlled access roadways ­ stopping, standing or parking
   8-5-1-21   Child or animal in locked vehicle
   8-5-1-22   Opening and closing doors
   8-5-1-23   Boarding or alighting from vehicles
   8-5-1-24   Starting stopped, standing or parked vehicle
   8-5-1-25   Unattended motor vehicle
   8-5-1-26   Parking vehicle with explosives and the like
   8-5-1-27   Authorized police and emergency vehicles excepted
   8-5-1-28   Tow vehicles excepted
   8-5-1-29   [Reserved]
   8-5-1-30   Disabled parking
   8-5-1-31   Parking on private property where prohibited by sign; authority to remove vehicles
   8-5-1-32   Passenger curb loading zone
   8-5-1-33   [Reserved]
   8-5-1-34   Stopping, standing and parking of buses and taxicabs regulated
   8-5-1-35   Restricted use of bus and taxicab stands
   8-5-1-36   Parking for certain purposes prohibited
   8-5-1-37   Moving or pushing vehicle of another
   8-5-1-38   Unhitched and hitched trailer on public way
   8-5-1-39   Registered owner responsible
   8-5-1-40   Moving or molesting unattended vehicles
   8-5-1-41   Prohibiting unattended delivery vehicles from being left idling
   8-5-1-42   Mobile food units on public streets
   8-5-1-43   Repeated nonpayment of automated speed enforcement system fines
   8-5-2-0   Purpose
   8-5-2-1   Definitions
   8-5-2-2   Prohibition of removal and relocation
   8-5-2-3   Abandoned and inoperable vehicles
   8-5-2-4   Circumstances permitting summary vehicle impoundment or relocation
   8-5-2-5   Notice and procedure following summary impoundment
   8-5-2-6   Impoundment for investigation evidence or forfeiture
   8-5-2-7   Impoundment of vehicles generally
   8-5-2-8   Release of vehicles; fees
   8-5-2-9   Inoperable vehicle on private property
   8-5-2-10   Hearing
   8-5-2-11   Failure to claim vehicle
   8-5-2-12   Disposition of motor vehicles
 
   8-5-2-99   Misdemeanor and penalty
   8-5-3-1   Frequency of parking citations
Cross-reference:
   Citation on parked vehicle, see § 8-1-3-10
   Failure to pay for parking citation, see § 8-1-3-11
PART 1: GENERAL PROVISIONS
§ 8-5-1-1 STOPPING, STANDING OR PARKING PROHIBITED ­ NO SIGNS REQUIRED.
   No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic control device, in any of the following places:
   (A)   Next to a curb which is painted either yellow or red.
   (B)   On a sidewalk.
   (C)   Within three feet of a public or private driveway.
   (D)   Within an intersection.
   (E)   Within 15 feet of a fire hydrant.
   (F)   On a crosswalk or within ten feet of a crosswalk at an intersection.
   (G)   Within 30 feet of the approach to any flashing beacon, stop sign, yield sign, or traffic control signal located at the side of a roadway, unless the Mayor or his designated representative has specifically, by markings or by parking meters, indicated parking to be permitted.
   (H)   Between a safety zone and the adjacent curb, or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the Mayor or his designated representative has indicated a different length by signs or markings.
   (I)   Within 50 feet of the nearest rail of a railroad crossing.
   (J)   Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly sign-posted).
   (K)   Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.
   (L)   On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
   (M)   Upon any bridge or other elevated structure upon a roadway or within a roadway tunnel.
   (N)   Between the curb or edge of the roadway and the sidewalk.
('74 Code, § 9-5-19.1) (Ord. 65-1974)
§ 8-5-1-2 STOPPING, STANDING OR PARKING PROHIBITED BY SIGN.
   No person shall stop, stand or park a vehicle either in a street, on public grounds or in a public parking lot, except when necessary to avoid conflict with other traffic or in compliance with law or at the direction of a police officer or traffic control device, where proper signs have been placed at intervals adequate to inform the motorist prohibiting the stopping, standing or parking of vehicles.
('74 Code, § 9-5-19.2) (Ord. 65-1974)
§ 8-5-1-3 PARKING TIME LIMITED BY SIGN.
   When signs are erected in each block giving notice thereof, no person shall stop, stand, or park a vehicle on the posted side of the street in said block for longer than the time allowed on such signs, on any day, except when it is necessary to stop a vehicle to avoid conflict with other traffic, or in compliance with the directions of a police officer or official traffic control device. The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles.
('74 Code, § 9-5-19.3) (Ord. 65-1974; Am. Ord. 2016-011)
§ 8-5-1-4 STOPPING, STANDING OR PARKING WITHIN CERTAIN HOURS PROHIBITED BY SIGNS.
   (A)   When signs are erected in each block or parking lot giving notice thereof, no person shall stop, stand or park a vehicle between the hours and on the days specified on the signs. If no days are specified, after sunrise on Sundays and public holidays shall be excepted. This prohibition shall not apply when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with a police officer or official traffic control device, or when a vehicle has a valid permit issued in accordance with division (B).
   (B)   (1)   The Mayor, or Mayor's designee, may establish residential permit parking areas and issue permits to residents of the area subject to regulations established by the Mayor or Mayor's designee that, at a minimum, consider the following:
         (a)   The demand for on-street parking on the affected streets relative to the parking availability, and parking needs of the residents;
         (b)   The relative value of on-street parking for non-area residents to allow access to community amenities and resources balanced against any significant impacts on the area residents that may justify the need for parking limitations or restrictions; and
         (c)   Economic Development, and support for community commerce.
      (2)   At least one community meeting shall be held for area residents and members of the general public to voice concerns and considerations about a proposed residential parking by permit area; and
      (3)   The Mayor shall submit an executive communication to the City Council for its approval of each instance of the establishment of a new residential parking by permit area designation. The proposed residential parking permit area will become effective only upon the City Council's approval of the respective executive communication.
      (4)   The residents or the entity or event which causes the need for such on street parking, or the permitted residents may be required to pay for all direct and indirect costs caused by, or associated with, permit parking.
   (C)   Permit parking may be created on a pilot basis or by the Department of Municipal Development if permit parking may resolve special circumstances affecting an area.
('74 Code, § 9-5-19.4) (Ord. 65-1974; Am. Ord. 64-1978; Am. Ord. 2016-011; Am. Ord. 2021-010)
§ 8-5-1-5 METER PARKING, EXPIRED METER.
   (A)   Except in a period of emergency determined by an officer of the Fire Department or Police Department, or except in compliance with a uniformed police officer engaged in directing traffic, any vehicle parked or standing in a space regulated by a parking meter between the hours and on the days specified on the meter shall be lawfully parked or standing only when the owner, operator or driver of such vehicle, upon parking or standing a vehicle in the metered parking space, shall immediately deposit payment as specified on the meter regulating such parking space. Failure to deposit the proper payment as required shall constitute a violation of this section. When the “VIOLATION” indicator is showing, it shall be presumptive evidence that any vehicle found parked or standing in a regulated metered space is parked or standing in violation of this section. The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles.
('74 Code, § 9-5-19.5)
   (B)   In areas where on-street parking is regulated by parking meters, at least three on-street parking spaces shall be designated as free motorcycle, moped, or motorscooter parking for every three contiguous blocks of metered on-street parking. This provision does not apply if it would require the removal of any regular on-street metered parking space. This provision should not be interpreted as exempting motorcycles, mopeds, or motoscooters from payment when a meter is present.
   (C)   A green vehicle that is registered in the State of New Mexico to a New Mexico resident or business is exempt from paying to park in an on-street space regulated by a parking meter. A green vehicle parked in an on- street space regulated by a meter shall have city issued identification posted on the left rear bumper or the left rear window that authorizes the exemption set forth in this paragraph. A green vehicle shall not be parked in an on-street space regulated by a meter for more than two hours. After the free two-hour timeframe has expired, the vehicle cannot park within a one block radius of that parking space free of charge for 24 hours.
   (D)   Within 90 days of the adoption of these divisions (C) - (D), the Mayor shall develop the following:
      (1)   a form of identification to post on the vehicles;
      (2)   the procedures to issue such identification;
      (3)   a training program for police officers and other City employees authorized to issue parking citations; and
      (4)   a reasonable and nominal fee the City can impose for the issuance of a green vehicle permit.
   (E)   To qualify for an exemption for a green vehicle, the owner must present the vehicle to the city's Parking Division for verification of green vehicle eligibility.
   (F)   This program shall be evaluated by the Department of Municipal Development every two years. This evaluation will be brought before the City Council with recommendations of alteration to the Green Vehicle Program, as necessary.
(Ord. 65-1974; Am. Ord. 61-2004; Am. Ord. 1-2006; Am. Ord. 4-2008; Am. Ord. 11-2011; Am. Ord. 2016-011; Am. Ord. 2017-010)
§ 8-5-1-6 NO EXTENSION OF METERED PARKING.
   Upon the expiration of the meter's specified time limit for legal parking, whether coins have been previously deposited or not, the vehicle shall be moved from the parking stall it has occupied. It shall be unlawful to deposit or cause to be deposited any coin in the parking meter covering the parking stall already occupied by the vehicle for the purpose of extending the parking time beyond the total lawful parking period.
('74 Code, § 9-5-19.6) (Ord. 65-1974)
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