A. Short Title: This section may be cited as the PENALTY ASSESSMENT PROGRAM.
B. Penalty Assessment Schedule:
1. As used in the New Mexico uniform traffic ordinance adopted by the City of Gallup, New Mexico, "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 | |
Pedestrian control signals | 12-5-7 | $ 25.00 | |
Flashing signals | 12-5-8 | 25.00 | |
Display of unauthorized signs, signals or markings | 12-5-10 | 25.00 | |
Speed regulations: | 12-6-1 | ||
a. Up to and including 10 miles an hour over speed limit | 25.00 | ||
b. From 11 up to and including 15 miles an hour over speed limit | 30.00 | ||
c. From 16 up to and including 20 miles an hour over speed limit | 65.00 | ||
d. From 21 up to and including 25 miles an hour over speed limit | 100.00 | ||
e. From 26 up to and including 30 miles an hour over the speed limit | 125.00 | ||
f. From 31 up to and including 35 miles an hour over the speed limit | 150.00 | ||
g. More than 35 miles an hour over the speed limit | 200.00 | ||
Minimum speed regulations | 12-6-1.5 | 25.00 | |
Overtaking a vehicle on the left | 12-6-2.3 | 10.00 | |
Limitation on overtaking on the left | 12-6-2.4 | 10.00 | |
No passing zones and restrictions on passing | 12-6-2.7 | 25.00 | |
Following too closely | 12-6-2.13 | 25.00 | |
Driving on divided streets | 12-6-2.14 | 25.00 | |
Vehicle approaching or entering intersection | 12-6-4.1 | 25.00 | |
Vehicles turning left at intersection | 12-6-4.2 | 25.00 | |
Vehicles entering stop or yield intersection | 12-6-4.3 | 25.00 | |
Limitations on turning around | 12-6-5.5 | 10.00 | |
Starting parked vehicle | 12-6-5.7 | 10.00 | |
Turning and stopping movements and required signals | 12-6-5.8 | 25.00 | |
Stopping, standing and parking | 12-6-6 | 25.00 | |
Special stops required | 12-6-7 | 25.00 | |
Stopping for school bus | 12-6-7.3 | 100.00 | |
Operators and chauffeurs must be licensed | 12-6-12.5 | 25.00 | |
Limitations on backing | 12-6-12.9 | 25.00 | |
Restriction on use of video in motor vehicles | 12-6-12.1 1 | 25.00 | |
Coasting prohibited | 12-6-12.1 2 | 25.00 | |
Destructive or injurious material on roadway | 12-6-13.5 | 100.00 | |
Animals on street | 12-6-13.1 0 | 25.00 | |
Driving on mountain streets | 12-6-13.1 1 | 25.00 | |
Child not in restraint device or safety belt | 12-6-13.1 2 | 25.00 | |
Mandatory use of seat belts | 12-6-13.1 3 | 25.00 | |
Possession or consumption of alcoholic beverages in open containers first offense | 12-6-13.1 4 | 25.00 | |
Littering | 12-6-13.1 5 | 50.00 | |
Pedestrian violation | 12-6-14 | 10.00 | |
Pedestrians right-of-way in crosswalks | 12-6-14.2 | 25.00 | |
Pedestrians to use right half of sidewalk | 12-6-14.3 | 25.00 | |
Crossing at other than crosswalks | 12-6-14.4 | 25.00 | |
Pedestrians on streets | 12-6-14.5 | 25.00 | |
Drivers to exercise due care | 12-6-14.8 | 25.00 | |
Parking in designated disabled parking spaces | 12-9-9 | $250.00 - $500.00 | |
Prohibited acts | 12-10-1.1 | $25.00 | |
When lighted lamps are required | 12-10-1.3 | 25.00 | |
Headlamps on vehicles | 12-10-1.5 | 25.00 | |
Dimming of lights | 12-10-1.6 | 10.00 | |
Tail lamps | 12-10-1.7 | 25.00 | |
Vehicles to be equipped with reflectors | 12-10-1.8 | 25.00 | |
Mufflers, prevention of noise | 12-10-1.1 0 | 10.00 | |
Lamp or flag on projecting load | 12-10-1.1 1 | 10.00 | |
Windshield must be unobstructed and equipped with wipers; windows must be transparent; exceptions | 12-10-1.1 2 | 25.00 | |
Sun screening materials on windshields and windows; requirements; violations penalty | 12-10-1.1 2A | 25.00 | |
Display of current valid registration plate | 12-10-4 | 25.00 | |
Evidence of registration to be signed and exhibited on demand | 12-10-5 | 10.00 | |
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.
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. The penalty assessment for speeding in violation of section 12-6-1.2(4) of the uniform traffic ordinance is twice the penalty assessment established in subsection B1 of this section for the equivalent miles per hour over the speed limit. (Ord. 2018-14, 10-23-2018)
5. 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 twenty dollar ($20.00) corrections fee; a six dollar ($6.00) court automation fee; a four dollar ($4.00) traffic education and enforcement fee; and a three dollar ($3.00) judicial education fee. (Ord. 2019-4, 2-26-2019)
C. Penalty Assessment Misdemeanors; Option; Effect:
1. Unless a warning notice is given, at the time of making an arrest for any penalty assessment 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 acknowledgement 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 by mail to the Municipal Court, City of Gallup, New Mexico within thirty (30) days from the date of arrest. Payments of penalty assessments are timely if postmarked within the time limits set from the date of arrest. The Municipal Court shall issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received is sufficient receipt.
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 arrest, the violator shall be prosecuted for the violation charged on the penalty assessment notice in a manner as if the 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 scheduled penalty assessments shall not apply. (Ord. 2018-14, 10-23-2018)
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 arrest. (Ord. 2019-3, 2-12-2019)
3. The Office of the Municipal Court shall notify the Motor Vehicle Division of the State of New Mexico when a person fails to pay a penalty assessment within the required period of time. The Motor Vehicle Division shall report the notice upon the driver's record and shall not renew the person's license to drive until the Municipal Court notifies the Motor Vehicle Division that the penalty assessment, or its equivalent, as well as any additional penalties imposed are properly disposed of.
E. Severability: If any section, subsection, sentence, clause, phrase or any portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. (Ord. 2018-14, 10-23-2018)