For the purpose of §§ 8-5-2-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF.
The Chief of Police of the Albuquerque Police Department or his designated representative.
DRIVEWAY.
Any concrete, asphalt aggregate-paved or dirt path used primarily for vehicles, leading from a street or road to a garage or house.
IMPOUND. The towing and/or storage of a vehicle by a wrecker service as authorized by the city or other transport of a vehicle by the Police Department or Parking Enforcement Officer for temporary storage pursuant to the execution of lawful police purposes.
IMPOUNDMENT CHARGES.
Impoundment charges shall include costs for both towing and storage of the abandoned and/or inoperable vehicle and administrative impound fees which shall be paid in the amount of either: (1) the reasonable expenses to the city, including without limitation, the costs of the search of owners and lien holders, mailing, service of notice, appraisal, publication of notice, sale, including advertising, and any other fees or penalties, including without limitation, those on account of parking violations pursuant to ordinance; or (2) $50, whichever is greater.
INOPERABLE VEHICLE.
Any vehicle which, for a period of at least three consecutive days, the engine, wheels, tires or other parts have been removed or on which the engine, wheels, tires, or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. A vehicle that is not registered or does not display a current valid license plate and validating sticker shall be deemed inoperable. Inoperable vehicle shall include any parts of a vehicle located separately from a vehicle. A vehicle shall be deemed inoperable when it has one or more flat tires or has one or more missing windshield or window, or has one or more windshield or window broken to the extent that visibility is limited so as to make driving such vehicle unsafe. An
INOPERABLE VEHICLE
does not include any motor vehicle that is kept within a building when not in use, nor a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise. An inoperable vehicle does not include a vehicle for which a temporary sticker has been issued pursuant to § 8-5-2-3(B).
LACK OF MOVEMENT.
Proof that the vehicle's odometer shows movement of no more than 2/10ths of a mile during any specified period of time shall constitute prima facie evidence that the vehicle was left in one place.
MAYOR.
The Mayor of the city or his designated representative.
OWNER.
The registered owner or owners of a vehicle as recorded with the New Mexico Department of Motor Vehicles or similar agency of a state outside New Mexico. Where written notice to the owner is required by §§ 8-5-2-1 et seq., such notice shall be given to each registered owner. Where appearance of the owner is required by §§ 8-5-2-1 et seq., appearance may be by a person authorized in writing by the owner to appear on his behalf.
PUBLIC PROPERTY.
Any real property owned by any governmental entity within the municipal limits of the city, including but not limited to, the public way, right-of-way, roads, streets and alleys.
VALIDATING STICKER.
A tab or sticker or similar identification affixed to the vehicle, or to the license plate issued to that vehicle, which was issued by the state in which the vehicle is registered for the purpose of showing that the vehicle registration has been renewed and is current. A validating sticker for vehicles registered in New Mexico shall include a sticker defined in § 66-1-4.19 NMSA 1978.
VEHICLE.
Any device, in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, propelled by a power other than human power, designed to travel along the ground by use of wheels, treads, runners, or slides, and shall include without limitations, automobiles, trucks, trailers, motorcycles, tractors, buggies and wagon.
VEHICLE
includes all devices regardless of the type of power, including but not limited to, electric power and any type of gas or gasoline power or any combination thereof and any connected trailer or semi-trailer.
WRITTEN NOTICE.
Notice sent by mail, to the owner's address as provided by State Motor Vehicle Division files except as provided herein:
(2) When a vehicle is registered in a state outside New Mexico, the Mayor or the Chief shall make all reasonable and diligent efforts to ascertain from the appropriate motor vehicle regulatory agency the name and address of all registered owners. If the name and address information for an in-state or out-of-state registered vehicle is not available soon enough to meet the time deadlines for mailing written notice, then the notice shall be mailed as soon as possible after the information is received and any specific times to mail notice shall not apply. If the license plate or vehicle identification number is expired, altered, or missing the Mayor or the Chief shall send any notice required under § 8-5-2-1 et seq. as soon as is reasonably practicable and any specific times to mail notice shall not apply.
(3) In lieu of mailed notice, notice may be given by personal service or in any other reasonable manner, so long as actual notice is given within the time limits provided. Notice may be effected by verbal notice to an owner who is present prior to or at the time of the towing of his vehicle, or to the driver or passenger of a vehicle, if the driver or passenger reasonably appears to have custody of the vehicle with the owner's knowledge and permission. Such notice shall be valid, however, only if the person so notified is informed inwriting of the location of the storage facility where the vehicle will be stored and a phone number where the owner can obtain further information from a municipal employee. When a vehicle owner's address cannot be obtained, the city may publish notice.
('74 Code, § 9-5-19.41A) (Ord. 67-1982; Am. Ord. 25-2003; Am. Ord. 2016-011)