A. Short Title: This section may be cited as the VILLAGE OF ANGEL FIRE PENALTY ASSESSMENT PROGRAM.
B. Penalty Assessments:
1. As used in the New Mexico uniform traffic ordinance.
Common Name of Offense | Section Violated | Current Penalty Assessment | Proposed Penalty Regular | Proposed Penalty Construction |
Common Name of Offense | Section Violated | Current Penalty Assessment | Proposed Penalty Regular | Proposed Penalty Construction |
Flashing signals | 12-5-8 | $30.00 | $60.00 | |
Speed regulations | 12-6-1 | |||
a. Up to and including 10 miles an hour over speed limit | $30.00 | $60.00 | $85.00 | |
b. From 11 up to and including 15 miles an hour over speed limit | $60.00 | $90.00 | $140.00 | |
c. From 16 up to and including 20 miles an hour over speed limit | $92.00 | $120.00 | $197.00 | |
d. From 21 up to and including 25 miles an hour over speed limit | $126.00 | $156.00 | $256.00 | |
e. From 26 up to and including 30 miles an hour over speed limit | $151.00 | $181.00 | $306.00 | |
f. From 31 up to and including 35 miles an hour over speed limit | $175.00 | $205.00 | $355.00 | |
g. More than 35 miles an hour over speed limit | $246.00 | $276.00 | $451.00 | |
Minimum speed regulations | 12-6-1.5 | $25.00 | $55.00 | |
Driving on divided streets | 12-6-2.1 | $55.00 | $85.00 | |
Overtaking a vehicle on the left | 12-6-2.3 | $45.00 | $75.00 | |
Limitations on overtaking on the left | 12-6-2.4 | $45.00 | $75.00 | |
Overtaking a vehicle on the right | 12-6-2.6 | $45.00 | $75.00 | |
No passing zones and restrictions on passing | 12-6-2.7 | $50.00 | $85.00 | |
Following too closely | 12-6- 2.13 | $45.00 | $75.00 | |
Vehicle approaching or entering intersection | 12-6-4.1 | $45.00 | $75.00 | |
Vehicle turning left at intersection | 12-6-4.2 | $45.00 | $75.00 | |
Vehicle entering stop or yield intersection | 12-6-4.3 | $45.00 | $75.00 | |
Limitations on turning around | 12-6-5.5 | $45.00 | $75.00 | |
Starting parked vehicle | 12-6-5.7 | $50.00 | $80.00 | |
Turning and stopping movements required signals | 12-6-5.8 | $45.00 | $75.00 | |
Stopping, standing and parking | 12-6-6 | $25.00 | $55.00 | |
Special stops required | 12-6-7 | $50.00 | $80.00 | |
Stopping for school bus | 12-6-7.3 | $200.00 | $350.00 | |
Careless driving | 12-6- 12.4 | $125.00 | $155.00 | |
Limitations on backing | 12-6- 12.9 | $50.00 | $80.00 | |
Child not in restraint device or safety belt | 12-6- 13.12 | $65.00 | $95.00 | |
Unfastened safety belt | 12-6- 13.13 | $40.00 | $75.00 | |
Drivers to exercise due care | 12-6- 14.8 | $50.00 | $80.00 | |
Parking in designated parking spaces (handicapped) | 12-9-9 | $250.00 | $280.00 | |
When lighted lamps are required | 12-10- 1.3 | $50.00 | $80.00 | |
Headlamps on vehicle | 12-10- 1.5 | $50.00 | $80.00 | |
Dimming of lights | 12-10- 1.6 | $50.00 | $80.00 | |
Taillamps | 12-10- 1.7 | $65.00 | $95.00 | |
Mufflers, prevention of noise | 12-10- 1.10 | $45.00 | $75.00 | |
Lamps or flag on projecting load | 12-10- 1.11 | $45.00 | $75.00 | |
2. The term "penalty assessment misdemeanor" does not include any violation which has caused or contributed to the cause of an accident resulting in injury or death to any person or property.
3. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor, and no probation imposed upon a suspended or deferred sentence shall exceed ninety (90) days.
4. In addition to the penalty assessment established for each petty penalty assessment misdemeanor pursuant to this section, there shall be assessed a penalty assessment fee of fifty dollars ($50.00)2.
C. Penalty Assessment:
1. Unless a warning notice is given at the time of arrest for any penalty assessment petty misdemeanor, the arresting officer shall offer the alleged violator the option of accepting a penalty assessment. The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice, and payment of the prescribed penalty assessment is a complete satisfaction of the violation.
2. Payment of any penalty assessment must be made to the municipal court, village of Angel Fire, New Mexico, within thirty (30) days from the date of the citation. Payments of penalty assessment are timely if postmarked within the time limits set from the date of the citation. The municipal court shall issue a receipt when a penalty assessment is paid.
3. No record of any penalty assessment payment is admissible as evidence in any court in any civil action.
D. Failure To Pay Penalty Assessment:
1. If a penalty assessment is not paid within thirty (30) days from the date of the citation, the violator shall be prosecuted for the violation charged on the penalty assessment notice in a manner as if a penalty assessment notice had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided by the New Mexico uniform traffic ordinance (section 12-12-1.1) or other law relating to motor vehicles for the particular offense charged, and the schedule of penalty assessment shall not apply.
2. In addition to the prosecution provided for in subsection D1 of this section, it is a misdemeanor for any person who has elected to pay a penalty assessment to fail to do so within thirty (30) days from the date of citation.
3. The office of the municipal court may notify the division of motor vehicles of the state of New Mexico when a person fails to pay a penalty assessment within the required period of time. The department of motor vehicles shall report the notice upon the driver's record and shall not renew the person's license until the office of municipal court notifies the department of motor vehicles that the penalty assessment, or its equivalent, as well as any additional penalties imposed, are properly disposed of.
Notes:
1 1. See section 6-1-1 of this chapter. 1. adopted by reference by the village of Angel Fire, New Mexico, “penalty assessment misdemeanor” means violation of any of the following listed sections of the New Mexico uniform traffic ordinance, for which the listed penalty assessment is established:
2 1. See also subsection 1-4-2A1 of this code. 1. to help defray the costs of local government corrections.
(Ord. 2010-17, 12-21-2010; amd. Ord. 2024-02, 7-9-2024)