The following are additions to the Uniform Traffic Ordinance adopted in section 12-1-1 of this chapter:
12-6-1.2: Speed Limits:
B. Twenty five (25) miles per hour in any business or residence district; or
(2002 Code)
12-6-12.2A: Driving While Intoxicated With A Minor In The Vehicle:
A. Driving while intoxicated with a minor in the vehicle consists of a person committing a violation of 12-6-12.1 when a minor is in the vehicle and when the minor does not suffer great bodily harm or death. Whoever commits driving while intoxicated with a minor in the vehicle is guilty of a misdemeanor.
B. A charge for a violation of Subsection A of this section shall be in addition to a charge for the violation of 12-6-12.1 and shall be punished as a separate offense.
C. As used in this section, “minor” means an individual who is younger than thirteen years of age. (66-8-102.5 NMSA 1978)
12-6-12.6: Unlawful Use Of License, Driving When Privilege To Do So Has Been Suspended Or Revoked:
(6) drive a motor vehicle on any public street or highway at a time when the person’s privilege to do so is suspended and who knows or should have known that the person’s license was suspended. Upon conviction, the person may be punished Pursuant to Subsection B of Section 66-8-7 NMSA 1978 or for no more than ninety days of participation in a certified alternative sentencing program. When a person pays any or all of the cost of participating in a certified alternative sentencing program, the court may apply that payment as a deduction to any fine imposed by the court. Any municipal ordinance prohibiting driving with a suspended license shall provide penalties no less stringent than provided in this section. (66-5-39 NMSA 1978)
B. In addition to any other penalties imposed pursuant to the provisions of this section, when a person is convicted pursuant to the provisions of this section, or a municipal ordinance that prohibits driving on a suspended license the motor vehicle the person was driving may be immobilized by an immobilization device for thirty days, unless immobilization of the motor vehicle poses an imminent danger to the health, safety or employment of the convicted person’s immediate family or the family of the owner of the motor vehicle. The convicted person shall bear the cost of immobilizing the motor vehicle. (66-5-39 NMSA 1978)
12-6-12.6A: Driving While License Administratively Suspended:
A. The division may issue an administrative suspension of the instruction permit, driver’s license or provisional license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee has failed to:
(1) Fulfill a signed promise to appear or notice to appear in court as evidenced by notice from a state court or tribal court, whenever appearance is required by law or by the court as a consequence of a charge or conviction under the Motor Vehicle Code of pursuant to the laws of the tribe:
(2) Pay a penalty assessment within thirty days of the date of issuance by the state or a tribe: or
(3) Comply with the terms of a citation issued in a foreign jurisdiction that is a party to the Nonresident Violator Compact and that has notified the department of the failure in accordance with the Nonresident Violator Compact.
B. If a person whose license was issued by a jurisdiction outside New Mexico that is a party to the Nonresident Violator Compact fails to comply with the terms of a citation issued in New Mexico, the department shall notify that other jurisdiction of the failure and that jurisdiction shall initiate a license suspension action in accordance with the provisions of Article IV of the Nonresident Violator Compact.
12-6-12.19B3: Replace with the following:
B. (3) “exhibition driving” consists of intentionally fish-tailing, peeling-out, losing traction, and burning rubber while operating a motor vehicle, motorcycle, or motor-driven cycle, includes intentionally operating the vehicle on a single tire (commonly known as a “wheelie”); operating a vehicle from a standing position; or operating the vehicle without at least one hand gripping the handlebars.(*)
(Ord. 715, 10-11-2005)
12-9-9: Parking In Designated Disabled Parking Spaces:
Amended July, 2010
A. It is unlawful for any person to park a motor vehicle not carrying registration plates or a placard indicating disability in accordance with Section 66-3-16 NMSA 1978 in a designated accessible parking space for persons with significant mobility limitation or in such a manner as to block access to any part of a curb cut designed for access by persons with significant mobility limitation or a designated accessible parking space for persons with significant mobility limitations. Any person who violates this section shall be subject to a fine of not less than two hundred fifty dollars ($250) or more than five hundred dollars ($500). Failure to properly display a parking placard or special registration plate issued pursuant to Section 66-316 NMSA 1978 is not a defense against a charge of violation of Subsection A of this section. (66-7-352.5 NMSA 1978)
12-9-10: Parking Truck Tractors Or Semitrailers Prohibited: It shall be unlawful for any truck tractor and semitrailer, the truck tractor individually, or the semitrailer individually, to park within any residential zone of the city.
12-10-1.12A Sun Screening Material:
D. (3) Drive a motor vehicle upon the streets of the city if the driver and passengers are not clearly visible to any observer from a distance of fifty feet (50') from the vehicle, through the front windshield and through the windows in the left and right front doors.
12-10-6: Mandatory Financial Responsibility:
I. D. When financial responsibility is satisfied through coverage under a motor vehicle insurance policy, the owner’s or operator’s carrying of evidence in print or accessible through a portable electronic device is acceptable. An owner or operator of a vehicle who provides evidence of financial responsibility through a portable electronic device:
1. assumes all liability for any resulting damage to the portable electronic evidence: and
2. is presumed not to consent to provide access to a law enforcement officer to any other information stored in the portable electronic device
H. Penalty. Any person found guilty of violating this section shall be subject to penalty as provided in title 1, chapter 4 of the city code; provided however, that no person charged with violating this section shall be convicted if he produces in court evidence of financial responsibility valid at the time of issuance of the citation.
12-12-1.1: Maximum Penalty: Unless another penalty is expressly provided in this chapter or as otherwise provided by state law, every person convicted of a violation of any provision of this chapter shall be subject to penalty as provided in title 1, chapter 4 of the city code.
12-12-5: Arrest Without Warrant:
A. (10) Whom the officer has probable cause to believe is driving while said person’s driver’s license is suspended.
(2002 Code; amd. Ord. 1068, 4-14-2020; Ord. 1071, 5-26-2020)