§ 70.04 PENALTY ASSESSMENT.
   (A)   As used in the New Mexico Uniform Traffic Ordinance adopted by the city, PENALTY ASSESSMENT MISDEMEANOR means violation of the following listed sections of the New Mexico Uniform Traffic Ordinance, for which the listed penalty assessment is established.
Common Name of Offense
Section Violated
Penalty Assessment
Common Name of Offense
Section Violated
Penalty Assessment
Abandoned vehicle
12-12-18
$50
Accidents
   Duties of driver(s) involved:
12-4-3
$50
   Exhibit driver’s license
12-4-3
$50
Additional equipment not prohibited
12-10-1.1B
$50
Alley
   Left turn into or from alley
12-6-2.1C, 12-6-2.5B, 12-6-2.7C
$50
   One-way alleys
12-6-2.8,12-6-2.9
$40
Animal exclusions from certain streets
12-6-2.16
$50
Animals on streets
12-6-13.10
$60
Animals, person riding
12-3-5, 12-6-13.10A
$50
Animals, rules apply to
12-3-5
$50
Authorized emergency vehicles
   Emergency vehicle, following within 500 feet prohibited
12-6-12.13
$50
   Emergency vehicle, improper operation of
12-3-4
$50
   Emergency vehicle, special privileges and limitations
12-3-4
$50
Bicycle
12-8-1 through 12-8-23
$40
   Bicycle bell required
12-8-7B
$40
   Bicycle brake required
12-8-7C
$40
   Bicycle, carrying articles while riding
12-8-6
$40
   Bicycle, clinging to vehicle
12-8-4
$40
   Bicycle, controlled access street prohibited on
12-6-2.16
$40
   Bicycle dealers
12-8-21
$40
   Bicycle emerging from alley, driveway, private road, building
12-8-11
$40
   Bicycle equipment
12-8-7
$40
   Bicycle handlebars, one hand on
12-8-6
$40
   Bicycle lamp, front, when required
12-8-7A
$40
   Bicycle license
12-8-13 through 12-8-20
$40
   Bicycle, number of persons riding on
12-8-3
$40
   Bicycle, obedience to traffic control devices
12-8-8
$40
   Bicycle ordinance applies to riders of
12-8-1, 12-8-2
$40
   Bicycle, parent not to authorize violation
12-8-1
$40
   Bicycle parking
12-8-9
$40
   Bicycle passengers
12-8-3
$40
   Bicycle path, rules apply on
12-8-1
$40
   Bicycle paths to be used when available
12-8-5
$40
   Bicycle reflectors, required
12-8-7A
$40
   Bicycle rental agencies, duties
12-8-20
$40
   Bicycle restrictions on use of certain streets
12-6-2.16
$40
   Bicycle riding on sidewalks
12-8-12
$40
   Bicycle riding on streets, restrictions
12-8-5
$40
   Bicycle right-of-way
12-8-11, 12-8-12
$40
   Bicycle seat, use of required
12-8-3
$40
   Bicycle speed
12-8-10
$40
   Blind persons, duty of driver toward
12-6-12.21
$50
   Brakes
12-10-1.16
$50
   Bridge, parking, standing or stopping on
12-6-6.1
$50
   Bridge, passing on approach to
12-6-2.5
$50
   Bridge, pedestrians on
12-6-14.7
$50
   Bridge, removal of parked vehicle from
12-12-18
$50
   Building, drivers or bicycles must yield to pedestrians and other vehicles when entering or leaving
12-6-7.1, 12-8-11
$50
   Building, stop when emerging from
12-6-7.1
$50
Bus
   Bus, obstruction to driver’s view prohibited
12-6-12.10
$50
   Bus, railroad crossing, stop required
12-6-7.7
$50
   Bus stopping, standing and parking
12-6-9.3, 12-6-13.6
$50
Cancelled license possession unlawful
12-6-12.6
$65
Careless driving
12-6-12.4A, B
$75
Child not in restraining device or safety belt and mandatory use of seatbelts
12-6-13.12, 12-6-13.13A, B, C, D
$75
Coasting prohibited
12-6-12.12
$50
Controlled access street
   Exclusion of specified traffic
12-6-2.16
$50
   Restricted access
12-6-2.15
$50
   Restrictions on use
12-6-2.16
$50
Controlled access violation
12-6-2.15
$50
Crosswalk
   Crosswalk, drivers yield to pedestrians in
      Green arrow
12-5-6D
$40
      Green light
12-5-6A
$40
      Red light, while turning on
12-5-6F
$40
      Where no signal in operation
12-6-14.2
$40
      Crosswalk, parking, standing or stopping in or within 20 feet prohibited
12-6-6.1A
$40
   Crosswalk, passing vehicle stopped at
12-6-2.7E
$40
   Crosswalk, pedestrian
      Cross in right half of
12-6-14.3
$40
      Crossing at the other than
12-6-14.4
$40
      Right-of-way in
12-6-14.2
$40
      School crossings
12-6-10
$40
   Stop before entering crosswalk at:
      Flashing red light
12-5-8A
$50
      Red light
12-5-6
$50
      Stop sign
12-6-4.3
$50
      Yield sign
12-6-4.3
$50
   Unnecessary blocking
12-6-7.2
$50
Destructive or injurious material on roadway
12-6-13.5
$125
Dimming of lights
12-10-1.6
$50
Display of current valid registration plate
12-10-4A
$50
Drinking in vehicle on street
12-6-13.14
$65
Driver
   Eluding a police officer prohibited
12-6-12.7A, B
$75
   Emerging from driveway, alley, building, private road
12-6-7.1
$50
   Following fire apparatus prohibited
12-6-12.13
$50
   Overtaking a vehicle on the left
12-6-2.3
$50
Driver, off-highway motor vehicle
12-7-9.1 through 12-7-9.6
$50
Driver, precautions on approaching the blind
12-6-12.21A, B
$50
Driver, processions
12-6-12.20A through D
$50
Driver, railroad grade crossing (see that topic)
Driver, school bus, stop for
12-6-7.3A through D
$125
Driver, seat belts, mandatory use
12-6-13.13
$75
Driver, unattended vehicle
12-6-12.8
$50
Drivers to exercise due care
12-6-14.8
$50
Driveway, emerging from
12-6-7.1A, B
$50
Driveway, parking in front of signs prohibited
12-6-6.1A, B, C
$50
Driveway, turning into
12-6-5.8A
$50
Driving on divided street
12-6-2.14
$50
Driving on left, limitation
12-6-2.5
$50
Driving on mountain streets
12-6-13.11
$65
Eluding a police officer
12-6-12.7A, B
$75
Emblem, slow moving vehicle
12-6-11.1A, B, C, D
$50
Evidence of registration to be signed and exhibited on demand
12-10-5
$50
Expired license plate
12-10-4 C
$60
Eye protection required
12-7-5
$50
Failure to dim lights
12-10-1.6
$50
Failure to obey notice to appear
12-12-7
$100
Failure to obey sign
12-5-3
$50
Failure to obey signal
12-5-3
$50
Failure to secure load
12-6-13.5
$100
Failure to signal
12-6-5.7, 12-6-5.8
$50
Failure to stop
12-6-4.3
$75
Failure to yield
12-6-4.3
$75
Failure to yield after stop
12-6-4.3
$60
Failure to yield to emergency vehicle
12-6-7.4
$100
Failure to yield to private drive
12-6-7.1
$50
Failure to yield to right-of-way
12-6-4.3
$50
False accident report
12-4-9
$50
Financial responsibility
12-10-6
   First offense
$75*
   Second offense
$150*
   Three or more offenses
$300*
Fire hose crossing, prohibited
12-6-12.14
$50
Flashing signals
12-5-8
$50
Following fire apparatus, prohibited
12-6-12.13
$50
Following too closely
12-6-2.13
$50
Forms:
   Dealers’ and wreckers’ records
12-4-8
$75
Hand and arm signals
12-6-5.9, 12-6-5.10
$50
Handicapped parking
12-9-9
$50
Hazardous material on roadway
12-6-13.5A through E
$75
Hazardous materials, transportation of
12-10-2A through E
$50
Headlamps on vehicle
12-10-1.5A through E
$60
Hills
   Driving on left, limitation
12-6-2.5
$50
   Turn wheels toward curb on
12-6-12.8
$50
Horses
   Controlled access street restrictions
12-6-2.16
$40
House trailer
   Lamps and reflectors/large semi-trailers, full trailers, house trailers
12-10-1.23
$40
   Occupied moving house trailers
12-5-13.9
$40
   Special equipment
12-10-1.24
$40
Immediate notice of accident
12-4-6
$75
Implied Consent Act
12-6-12.1D, F
$75
Improper backing
12-6-12.9
$53
Improper emergency signal
12-10-1.44
$40
Improper equipment
12-10-1.1
$40
Improper lane
12-6-2.1
$40
Improper opening of doors
12-6-13.8
$40
Improper parking
12-6-8.2, 12-6-8.3, 12-6-8.4, 12-6-6.1, 12-6-6.2, 12-6-6.3, 12-6-6.4, 12-6-6.5, 12-6-6.6, 12-6-6.7, 12-6-6.8, 12-6-6.9, 12-6-6.10, 12-6- 6.11, 12-6-6.12, 12- 6-6.13, 12-6-6.14
$40
Improper passing
12-6-2.1, 12-6-2.2, 12-6-2.3, 12-6-2.4, 12-6-2.5, 12-6-2.6, 12-6-2.7
$50
Improper starting
12-6-5.7
$40
Improper turn/left-right
12-6-5.1
$50
Improper turning
12-6-5.2, 12-6-5.3, 12-6-5.4, 12-5-5.5, 12-6-5.6
$50
Insurance, mandatory financial responsibility
12-10-6
   First offense
$75
   Second offense
$150
   Third offense
$300
Intersection stop when traffic obstructed in
12-6-7.2
$50
Key, ignition, remove from unattended vehicle
12-6-12.8
$50
Lamp or flag on projecting load
12-10-1.11
$40
Lamps, head
   Height limitations
12-10-1.4, 12-10-1.5C
$40
   Lighted, time required
12-10-1.3
$40
   Multiple beam
12-10-1.5, 12-10-1.39
$40
   Number required or permitted
12-10-1.5A, B, 12-10-1.43
$40
   Obstructed lights
12-10.1-1.34
$40
   Parked vehicles
12-10-1.35
$40
   Proper condition and adjustment required
12-10-1.4
$40
   Requirements
12-10-1.32
   Single-beam equipment
12-10-1.40
$40
   Special vehicles, lamps on
12-10-1.7, 12-10- 1.9, 12-10-1.22 through 12-10-1.26, 12-10-1.35, 12-10-1.37, 12-10-1.45
$40
   Stop lamps
12-10-1.9, 12-10-1.37
$40
   Tail lamps
12-10-1.7
$50
   Time when must be lighted
12-10-1.3
$40
Lamps on vehicle
   Additional lamps
12-10-1.1B, 12-10-13.8
$40
   Alternate road-lighting equipment
12-10-1.42v
$40
   Auxiliary road-lighting equipment
12-10-1.32
$40
   Clearance of side marker lamps
      Color of
12-10-1.21
$40
      Combination of
12-10-1.29
$40
      Indicate dimensions of vehicle
12-10-1.28
$40
      Mounting of
12-10-1.27
$40
      Requirements for
12-10-1.35
$40
   Combination stop and tail lamps
12-10-130
$40
   Driving lamps
12-10-1.3 through 12-10-1.9
$40
   Electric lamps required
12-10-13.1
$40
   Farm tractors
12-10-1.1C
$40
Lane
   Center, in three lane street
12-6-2.12(2)
$50
   Changing lanes
      Prohibited by devices
12-6-2.12
$50
      Signal required
12-6-2.12
$50
   Direction, control signals
12-6-2.12
$50
   Driver within one lane
12-5-14B, 12-6-2.12
$50
   Motorcycles
12-7-2
$50
      Driving between, prohibited
12-7-2C
$50
      Entitled to full use of
12-7-2A
$50
      Passing restrictions
12-7-2B
$50
      Two abreast in
12-7-2D
$50
Lanes, street or roadway
   Drive in one lane
12-6-2.12
$50
   Four-lane street
12-6-2.1C
$50
   Restricted direction of movement during certain periods
12-6-2.11
$50
Leaving an accident scene/property damage
12-4-1, 12-4-2, 12-4- 4
$100
Left turn
   Electric signal lamps
12-6-5.9
$50
   Hand and arm
12-6-5.9, 12-6-5.10
$50
   Into or from alley
12-6-2.1C, 12-6-2.5B, 12-6-2.7C
$50
License, driver’s
   Cancelled or suspended, license
12-6-12.6(1)
$50
   License of another
12-6-12.6(3)
$50
   Permitting unauthorized person to drive
12-6-12.6
$50
   Required upon demand
12-6-12.5(D)
$50
Limitations on overtaking on the left
12-6-2.4
$50
Limitations on turning around
12-6-5.5
$50
Load restrictions upon vehicles using certain streets
12-6-11, 12-10-3.3, 12-10-3.4, 12-10-3.5
$50
Loading and unloading
   Curb loading zone
12-6-8
$50
   Freight curb loading zone
12-6-8.4
$50
   Passenger curb loading zone
12-6-8.3
$50
Minimum speed regulations
12-6-1.5
$50
Moped
   Operator requirements
12-7-10A, B, C
$65
Motorcycles
   Carrying articles in hand prohibited
12-7-4C
$50
   Clinging to other vehicles prohibited
12-7-3
$50
   Footrests
12-7-7
$50
   Footrests for passenger
12-7-4B, 12-7-7A
$50
   Handlebars
12-7-7
$50
      Hands on both required
12-7-4C
$50
      Height regulated
12-7-7B
$50
   Helmet requirements
12-7-6
$50
   Lane, use of full width by
12-7-2A
$50
   Lanes, driving between prohibited
12-7-2C
$50
   Maneuverability
12-7-8
$40
   Passengers
      Carried on vehicle
12-7-4B
$50
      Interfering with operation on
12-7-4D
$50
   Passing restrictions
12-7-2
$50
   Police officers on, excepted from certain rules
12-7-2
$50
   Reflectors required
12-10-1.8
$50
   Seat, permanent - must be ridden on
12-7-4
$50
   Side saddle, riding prohibited
12-7-4
$50
   Tail lamps required
12-10-1.7
$50
   Traffic Ordinance applies to operations of
12-7-1
$50
Mufflers, prevention of noise
12-10-1.10
$50
No driver license
12-6-12.5
$65
No-passing zones and restrictions on passing
12-6-2.7
$50
No slow moving vehicles emblem or flashing amber light
12-6-11.2
$40
Obedience to traffic controls
12-5-3, 12-5-6
$50
Obstructed windows
12-6-12.10A, B
$50
Offenses related to driving under the influence
(example, allowing drunk to drive)
12-6-13.1
$100
Off-highway vehicles
   Accidents and accident reports
12-7-9.5
$50
   Enforcement of regulations concerning
12-7-9.6
$50
   Movement of adjacent to streets
12-7-9.3
$50
   Operation of on
$50
      Private lands
12-7-9.4
      Streets or highways
12-7-9.2
   Registration
12-7-9.1
Official traffic-control devices
   Advertising on, prohibited
12-5-10A
$50
   Altering, prohibited
12-5-10, 12-5-11
$50
   Obedience to required
12-5-3, 12-5-6A, B, C, D, E, F
$50
One-way alleys
12-6-2.8, 12-6-2.9
$40
Operation without oversized-overweight permit
12-6-11.1
$75
Operators and chauffeurs must be licensed
12-6-12.5A
$65
Parking
   Deposit of coins
12-9-5
$40
   Handicapped parking
12-9-9A
$60
   Presumption of unlawful parking
12-9-8B
$40
   Slugs prohibited
12-9-6
$40
   Spaces
12-9-3
$40
   Tampering prohibited
12-9-7
$50
Parking fire lane
12-6-6.1
$50
Parties to unlawful acts
12-6-12.24
$50
Passenger restraint devices, use of child
12-6-13.12
$75
Passing a school bus
12-6-7.3
$125
Pedestrians
   Blind pedestrians
12-6-12.21
$50
   Boarding or alighting from vehicle
12-6-13.7
$50
   Controlled access street, prohibited
12-6-2.16
$50
   Driver to exercise due care
12-6-14.8
$50
   Pedestrian violation
12-6-14.1, 12-6-14.2, 12-6-14.3, 12-6- 14.4, 12-6-14.5, 12- 6-14.6
$50
Permits, processions
12-6-12.20A, B, C, D
$50
Permitting unauthorized person to drive
12-6-12.23
$50
Permitting unlicensed minor to drive
12-6-12.23A
$50
Possession or consumption of alcoholic beverages in open container
12-6-13.14
$65
Private property, obstructions of traffic control devices
12-5-11
$50
Public carrier stops and stands
   Parking, stopping and standing of buses and taxicabs
12-6-9.3A, B, C, D
$50
   Restricted use by other vehicles
12-6-9.4A
$50
Racing on street
12-6-12.19
$115
Railroad crossings
   All vehicles to stop at certain crossings
12-6-7.6
$50
   Certain vehicles to stop at all crossings
12-6-7.7
$50
      Passenger vehicle for hire
12-6-7.7
$50
      School bus
12-6-7.7
$50
      Vehicle carrying explosives or flammable liquids
12-6-7.7
$50
   Driving through gate prohibited
12-6-7.5B
$50
   Flagperson
12-6-7.5
$50
   Flashing signals
12-6-7.5
$50
   Moving heavy equipment, prohibited special precautions at
12-6-7.8A, B, C, D
$50
Railroad train
   Blocking streets
12-6-13.6
$50
Reckless driving
12-6-12.3
$300
Red light
12-5-6
$60
Riding in or towing occupied house trailer
12-6-13.9
$60
Roller skates, use on street prohibited
12-3-6
$60
Safety zone, driving through prohibited
12-6-12.15
$50
School bus
   Controlled access street
12-6-7.3C
$50
   Divided street, exception to stop rule
12-6-7.3C
$50
   Duration of stop by drivers
12-6-7.3
$50
   Flashing signal lights on
12-6-7.3D
$50
   Railroad grade crossings, stop at
12-6-7.7
$50
   Stop for required, when and where
12-6-7.3
$50
   When stopped drivers may proceed
12-6-7.3
$50
School crossing zone
12-6-10A, B, C, D
$50
Sidewalk, driving on prohibited
12-6-12.17A, B
$50
Signs
   Defacing, injuring or removing
12-5-11
$65
   Farm carriers, display of
12-6-11.1
$50
   Imitation
12-5-10
$53
   Nuisance, prohibited
12-5-11
$50
   Obedience to required
12-5-3
$50
   Removal of prohibited
12-5-11
$50
Sirens, prohibited on other vehicles
12-10-1.14
$50
Slow moving vehicle
   Controlled access street restriction
12-6-2.16
$50
   Keep in right lane
12-6-2.12 1, 2, 3, 4
$50
Special stop required
12-6-7
$50
Speed regulations
   (1)   Up to and including 10 mph over speed limit
12-6-1A
$50
   (2)   From 11 up to and including 15 mph over speed limit
12-6-1B
$60
   (3)   From 16 up to and including 20 mph over speed limit
12-6-1C
$70
   (4)   From 21 up to and including 25 mph over speed limit
12-6-1D
$125
   (5)   From 26 up to and including 39 mph over speed limit
12-6-1E
$140
   (6)   More than 40 but less than 45 mph over speed limit
12-6-1F
$175
Starting parked vehicle
12-6-5.7
$40
Stop sign
12-6-4.3
$60
Stopping for school bus
12-6-7.3
$125
Stopping, standing and parking
12-6-6
$50
Studded tires
12-19-1.15B, C, E, F
$50
Sunscreening materials on windshields and windows and windows; requirements; violations penalty
12-10-1.12(A)
$50
Tail lamps
12-10-1.7
$60
Traffic-control signals, disobedience
12-5-6D
$50
Transporting dangerous articles or explosives
12-10-2A, B, C, D
$60
Turn wheels toward curb on hill or incline
12-6-12.9
$50
Turning and stopping movements and required signals
12-6-5.8
$50
Two tail lights required
12-10-1.7
$60
Unlawful use of license, suspended or revoked
12-6-12.6(4)
$500/jail *
Use of coasters, use of street prohibited
12-3-6
$50
Vehicle approaching or entering intersection
12-6-4.1
$50
Vehicle stops, exceptions, railroad crossings, dangerous articles or explosives
12-6-7.7
$50
Vehicle, tampering with or damaging
12-6-13.4A, B
$50
Vehicle, television, use in motor vehicles
12-6-12.11
$50
Vehicle, towed vehicle
12-6-13.9
$50
Vehicles turning left at intersection
12-6-4.2
$50
Violating driver’s license restrictions
12-6-12.5
$60
When lighted lamps are required
12-10-1.3
$40
Windshield must be unobstructed and equipped with wipers; windows must be transparent; exceptions
12-10-1.12
$50
*Require a mandatory court appearance
 
   (B)   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.
   (C)   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 90 days.
   (D)   The penalty assessment for speeding in violation of § 12-6-1.2(4) of the Uniform Traffic Ordinance is twice the penalty assessment established in division (A) above for the equivalent miles per hour over the speed limit.
   (E)   In addition to the penalty assessment established for each penalty assessment misdemeanor pursuant to this section, there shall be assessed the following fees for each penalty assessment misdemeanor: a $20 corrections fee; a $6 court automation fee; and a $3 judicial education fee.
(Ord. 2018-004, passed 5-21-2019)