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AN ORDINANCE AMENDING 12-6-12.3; 12-6-12.7; 12-6-12.8; 12-9-9; 12-10-6.1; AND 12-10-6 (H) OF THE ARTESIA MUNICIPAL CODE; REPEALER
BE IT ORDAINED BY THE GOVERNING BODYOF THE CITYOF ARTESIA, NEW MEXICO THAT the following amendments to the Uniform Traffic Ordinance are hereby adopted:
12-6-12.3 DRIVING WHILE INTOXICATED WITH A MINOR IN THE VEHICLE
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.
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.
As used in this section, “minor” means an individual who is younger than thirteen years of age. (66-8-102.5 NMSA 1978)
12-6-12.7 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 his 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 12-12-1.1 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)
12-6-12.8 DRIVING WHILE LICENSE ADMINISTRATIVELY SUSPENDED
A person who drives a motor vehicle on any public highway of this state at a time when the persons privilege to do so is administratively suspended is guilty of a penalty assessment misdemeanor and may be punished in accordance with the provisions of Section 12-12-1.2. (66-5-39.2 and 66-8-116 NMSA 1978).
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 limitationor 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 66-3-16 NMSA 1978 is not a defense against a charge of violation of Subsection A of this section. (66-7-352.5 NMSA 1978)
12-10-6 MANDATORY FINANCIAL RESPONSIBILITY
I. 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.
assumes all liability for any resulting damage to the portable electronic evidence: and
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 fined not more than five hundred dollars ($500) (1-4-1 Artesia Municipal 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.
REPEALER: Any provisions of the 2010 Compilation of the Uniform Traffic Ordinance which are directly inconsistent with these amendments are hereby repealed.
Passed. Adopted, and Approved this 28 th day of January, 2020 with an effective date of February 5, 2020.
Raye Miller, Mayor
Aubrey Hobson, City Clerk