(A) Any municipal police officer, or any municipal employee who is authorized to direct traffic or enforce state or local parking or motor vehicle laws, may order the impoundment of any vehicle within the municipal corporate limits, without prior notice to the owner or operator thereof, under the following circumstances:
(1) When any vehicle is left unattended upon any bridge, viaduct, or causeway or in any tube or tunnel where the vehicle constitutes an obstruction or hazard to traffic;
(2) When any vehicle is parked or left standing upon a street, alley, or public way in such a position as to obstruct the normal movement of traffic or in such a condition as to create a hazard to other traffic;
(3) When any vehicle is found upon a street, alley, public way or private property, and an offense report has previously been made that the vehicle has been stolen or a complaint has been filed and a warrant thereon issued charging that the vehicle has been stolen, and the owner is not available to, or cannot, immediately provide for its custody or removal;
(4) When any vehicle is illegally parked so as to block the entrance to a private driveway;
(5) When any vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant, or is illegally parked in a properly designated fire lane;
(6) When the person or persons in charge of a vehicle are by reason of physical injuries, intoxication, or illness incapacitated to such an extent as to be unable to provide for its custody or removal, and the vehicle is left as described elsewhere in this division (A) of this section, or the location of the vehicle is such that a reasonable person would believe that its owner would desire its relocation or removal;
(7) When the driver or person in control of a vehicle is lawfully taken into custody by a police officer, and the person is unable to immediately provide for the custody or removal of the vehicle, and the vehicle is left as described elsewhere in this division (A), or the location of the vehicle is such that a reasonable person would believe that its owner would desire its relocation or removal;
(8) When an abandoned, unattended, wrecked, burned or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the street, alley or public way, or its physical appearance is causing the impeding of traffic;
(9) Wherever the use of the street, alley or public way or any portion thereof is authorized by the municipality for the purpose other than the normal flow of traffic or the movement of equipment, articles, or structures of unusual size, and the parking of any vehicle would prohibit or interfere with such use of movement, and signs giving notice that such a vehicle may be removed are erected or placed at least 24 hours prior to the removal;
(10) When any vehicle is parked or left standing where prohibited by ordinance or other state or local law. No vehicle may be removed pursuant to this division unless signs are posted giving notice of its removal at least 24 hours prior to the removal;
(11) When any vehicle is parked or standing in a manner so as to obstruct necessary emergency services or the routing of traffic at the scene of a disaster or removal is otherwise necessary in the interest of public safety because of any emergency, and moving the vehicle to a legal parking location is impractical. However, the owner or operator of a vehicle so relocated or removed shall not be subject to any relocation, removal or storage charges, if the vehicle is otherwise lawfully parked. Such charges shall be paid by the municipality, except that in the case of emergency utility repairs such charges shall be paid in advance by the utility company seeking removal;
(12) When a vehicle is parked, left unattended or abandoned during a fire, flood, storm or other public emergency which is apt to cause substantial damage to the vehicle, removal is in the best interest of the owner, and moving the vehicle to a safe location is impractical; or
(13) When a vehicle is either unattended or disabled and loaded with either a dangerous, flammable, combustible or explosive substance which, either by its presence or load conditions is likely to harm the health or safety of the public and moving the vehicle to a safe, legal location is impractical;
(14) When any vehicle is parked in such a manner as to obstruct or interfere with any road, sidewalk or right-of-way maintenance or construction, or any non-emergency utility work, and it is impractical to relocate the vehicle to another point where parking is legal. No vehicle shall be removed unless signs are posted giving notice of the work to be done and the possibility of removal at least 24 hours prior to the removal.
(15) When any vehicle has been immobilized with a vehicle boot for 72 hours.
(16) When a vehicle is being driven unsafely under state law due to one of the following:
(a) Failure to have insurance on the vehicle as required under state law and as documented by one of the following:
1. An admission by the driver or other occupant of the vehicle;
2. Confirmation through the New Mexico Department of Motor Vehicle records showing a prior citation for failure to have insurance within the past six months;
3. Confirmation by the citing officer that the insurance company that the driver claims covers the vehicle does not in fact cover it.
(b) Failure to have a driver's license as shown by New Mexico Department of Motor Vehicle records; or
(c) Driving when the driver's license has been suspended or revoked as shown by New Mexico Department of Motor Vehicle records.
(B) In lieu of towing and impoundment a municipal police officer, or any municipal employee who is authorized to direct traffic or enforce state or local parking or motor vehicle laws, may relocate or cause to be relocated any vehicle from any street, alley or public way within the municipal corporate limits, without prior notice to the owner or operator thereof when the relocation is to a safe, legal location, is practical without the use of a wrecker and the vehicle is found under the circumstances set forth in divisions (A)(11) through (15) above.
(C) Whenever a vehicle could be impounded or removed pursuant to §§ 8-5-2-1 et seq., and the driver of the vehicle is present, the police officer or authorized employee may order the driver to move the vehicle to another location.
(D) Whenever a sign is required under the terms of §§ 8-5-2-1 et seq., to give notice of the possibility of removal of a vehicle, such sign shall:
(1) State that the area is a tow-away zone, or that violations of the restrictions stated on the sign may result in towing; and
(2) Be readily visible from the point of removal.
('74 Code, § 9-5-19.41D) (Ord. 67-1982; Am. Ord. 8-1996; Am. Ord. 2016-011)