A. This section may be cited as the City of Sunland Park, NM Penalty Assessment Program.
B. Penalty assessments:
1. As used in the New Mexico Uniform Traffic Ordinance adopted by the City of Sunland Park 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 program is established:
Common Name of Offense | Section Violated | Penalty Assessment |
Common Name of Offense | Section Violated | Penalty Assessment |
1 to 10 over the speed limit | 12-6-1.2 | $64.00 |
11 to 15 over the speed limit | 12-6-1.2 | $79.00 |
16 to 20 over the speed limit | 12-6-1.2 | $94.00 |
21 to 25 over the speed limit | 12-6-1.2 | $169.00 |
26 to 30 over the speed limit | 12-6-1.2 | $189.00 |
31 to 40 over the speed limit | 12-6-1.2 | $239.00 |
41 or more over the speed limit (reckless driving) | 12-6-1.2 | $269.00 |
Additional lighting equip. (neon light) | 12-10-1.38 | $64.00 |
Allowing unauthorized person (-18 yoa) | 12-6-12.23 | $79.00 |
Animals on street | 12-6-13.10 | $25.00 |
Brake lamps | 12-10-1.9 | $59.00 |
Careless driving | 12-6-12.4 | $89.00 |
Child passenger restraints | 12-6-13.2 | $169.00 |
Coasting prohibited | 12-6-12.12 | $25.00 |
Display of current valid registration plate | 12-10-4 | $25.00 |
Display of unauthorized signs, signals or markings | 12-5-10 | $25.00 |
Drivers to exercise due care | 12-6-14.8 | $25.00 |
Driving on divided streets | 12-6-2.14 | $25.00 |
Driving on mountain streets | 12-6-13.11 | $25.00 |
Evidence of registration to be signed and exhibited on demand | 12-10-5 | $10.00 |
Eye protection | 12-7-5 | $69.00 |
Fail to signal | 12-6-5.8 | $69.00 |
Failure to dim lights | 12-10-1.6 | $69.00 |
Failure to yield | 12-6-4.1 | $79.00 |
Failure to yield to emergency vehicle | 12-6-7.4 | $79.00 |
Flashing signals | 12-5-8 | $25.00 |
Following too closely | 12-6-12.13 | $69.00 |
Headlamps | 12-10-1.5 | $69.00 |
Immediate notice of accident | 12-4-6 | $89.00 |
Improper backing | 12-6-12.9 | $69.00 |
Improper lane usage | 12-6-2.12 | $79.00 |
Improper U-turn | 12-6-5.5 | $79.00 |
Lamp or flag on projecting load | 12-10-1.11 | $10.00 |
Limitation on turning/u-turn | 12-6-5.5 | $69.00 |
Limitations on overtaking on the left | 12-6-2.4 | $10.00 |
Method of turning at intersection | 12-6-5.1 | $69.00 |
Mufflers, prevention of noise | 12-10-1.10 | $10.00 |
No passing zones & restrictions on passing | 12-6-2.7 | $25.00 |
One way | 12-6-2.9 | $69.00 |
Open Container | 12-6-13.14 | $89.00 |
Overtaking vehicle on the left | 12-6-2.3 | $69.00 |
Parking in designated disabled parking spaces | 12-9-9 | $250.00 |
Pedestrian control signals | 12-5-7 | $25.00 |
Pedestrian violation | 12-6-14 | $10.00 |
Pedestrians on streets | 12-6-14.5 | $25.00 |
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 |
Permitting unauthorized person to drive | 12-6-12(23) | $99.00 |
Prohibited acts | 12-10-1.1 | $25.00 |
Racing on Streets | 12-6-12.19 | $269.00 |
Red light violation (vehicle or pedestrian) | 12-5-6 | $79.00 |
Red or blue lights to front of vehicle | 12-10-1.44 | $79.00 |
Restrictions on use of video in motor vehicles | 12-6-12.11 | $25.00 |
Seatbelt | 12-6-13.13 | $89.00 |
Special stops required | 12-6-7 | $25.00 |
Starting parked vehicle | 12-6-5.7 | $10.00 |
Stop sign/failure to yield | 12-6-4.3 | $89.00 |
Stopped vehicle not to interfere w/traffic | 12-10-1.47 | $74.00 |
Stopping for school bus/passing school bus | 12-6-7.3 | $254.00 |
Stopping, standing & parking | 12-6-6 | $25.00 |
Stopping/standing/parking (prohibited) | 12-6-6.1 | $74.00 |
Sun screening materials on windshields and windows; requirements; violations penalty | 12-10-1.12A | $25.00 |
Tail lamps | 12-10-1.7 | $89.00 |
Tail Lamps (license plate light) | 12-10-1.7(C) | $74.00 |
Turning & stopping movements & required signals | 12-6-5.8 | $25.00 |
Vehicle approaching or entering intersection | 12-6-4.1 | $25.00 |
Vehicle turning left at intersection | 12-6-4.2 | $25.00 |
Vehicles equipped with reflectors | 12-10-8 | $25.00 |
When lighted lamps are required | 12-10-1.3 | $25.00 |
Window tint/sun screening material | 12-10-1.12(A) | $75.00 |
Windshield must be unobstructed and equipped with wipers; windows must be transparent; exceptions | 12-10-1.12A | $25.00 |
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 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 B. of this section for the equivalent miles per hour over the speed limit.
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) Corrections Fee; a six-dollar ($6) Court Automation Fee; and the three-dollar ($3) Judicial Education Fee.
C. Penalty assessment misdemeanors; option; effect:
1. Unless a warning notice is given, at the time of issuance for any penalty assessment misdemeanor, the 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 assessment must be made by mail to the Municipal Court, City of Sunland Park, New Mexico within ____ 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 issuance, 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.
2. In addition to the prosecution provided for in subsection D.4., it is a misdemeanor for any person who has elected to pay a penalty assessment to failure to do so within thirty (30) days from the date of issuance.
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. (Ord. 2021-14, 11-16-2021)