Chapter 2
PENALTY ASSESSMENT MISDEMEANOR PROGRAMlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41255
12-2-1: DECLARATION OF INTENT AND PURPOSE:
12-2-2: PENALTY ASSESSMENT MISDEMEANORS; DEFINITIONS AND SCHEDULE OF ASSESSMENTS:
12-2-3: PENALTY ASSESSMENT MISDEMEANORS; OPTION; EFFECT:
12-2-4: PENALTY ASSESSMENT REVENUE; DISPOSITION:
12-2-5: FAILURE TO PAY PENALTY ASSESSMENT:

12-2-1: DECLARATION OF INTENT AND PURPOSE:linklink


The intent and purpose of the City in enacting this chapter is to establish a Municipal penalty assessment misdemeanor program with respect to certain motor vehicle offenses, more particularly listed hereinafter, as authorized by laws of the State of New Mexico; to provide for the use and disposition of the monies derived therefrom; and to repeal all prior ordinances inconsistent with this chapter. (Ord. 644, 11-13-2001)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41255#s1303210
12-2-2: PENALTY ASSESSMENT MISDEMEANORS; DEFINITIONS AND SCHEDULE OF ASSESSMENTS:linklink


A. As used in this chapter, "penalty assessment misdemeanor" means violation of any of the following listed sections of the New Mexico uniform traffic ordinance in force in the City of Artesia for which the listed penalty assessments plus any additional fees mandated by applicable State Statute in effect on the date of the offense, which fees, as now exist and which may be changed from time to time, are hereby incorporated by reference into this section:

Common Name Of Offense   Section Violated   Penalty Assessment  
Unauthorized parking in permit area   12-3-7   $ 25.00 plus additional fees  
Obedience to required traffic control devices   12-5-3   25.00 plus additional fees  
Red light violation   12-5-6C   25.00 plus additional fees  
Pedestrian control signals   12-5-7   25.00 plus additional fees  
Flashing signals   12-5-8   25.00 plus additional fees  
Display of unauthorized signs, signals, or markings   12-5-10   25.00 plus additional fees  
Speeding:      
  Up to and including 10 mph over speed limit   12-6-1.2   25.00 plus additional fees  
  11 - 15 mph over speed limit   12-6-1.2   30.00 plus additional fees  
  16 - 20 mph over speed limit   12-6-1.2   65.00 plus additional fees  
  21 - 25 mph over speed limit   12-6-1.2   100.00 plus additional fees  
  26 - 30 mph over speed limit   12-6-1.2   125.00 plus additional fees  
  31 - 35 mph over speed limit   12-6-1.2   150.00 plus additional fees  
  More than 35 mph over speed limit   12-6-1.2   200.00 plus additional fees  
Minimum speed regulations   12-6-1.5   25.00 plus additional fees  
Failure to drive on right half of street   12-6-2.1A   25.00 plus additional fees  
Overtaking a vehicle on the left   12-6-2.3   25.00 plus additional fees  
Limitations on overtaking on the left   12-6-2.4   25.00 plus additional fees  
No passing zones and restrictions on passing   12-6-2.7   25.00 plus additional fees  
Passing in the school zone   12-6-2.7D   100.00 plus additional fees  
Driving wrong way on one-way street   12-6-2.9B   25.00 plus additional fees  
Following too closely   12-6-2.13   25.00 plus additional fees  
Driving on divided streets   12-6-2.14   25.00 plus additional fees  
Vehicle approaching or entering intersection   12-6-4.1   25.00 plus additional fees  
Vehicle turning left at intersection   12-6-4.2   25.00 plus additional fees  
Vehicle entering stop or yield intersection   12-6-4.3   25.00 plus additional fees  
Stop sign violation   12-6-4.3B   25.00 plus additional fees  
Improper right turn   12-6-5.1A   25.00 plus additional fees  
Improper crossing of property to avoid traffic device   12-6-5.1E   25.00 plus additional fees  
Obedience to no-turn signs   12-6-5.4   25.00 plus additional fees  
Limitations on turning around parked vehicle   12-6-5.5   25.00 plus additional fees  
Starting parked vehicle   12-6-5.7   25.00 plus additional fees  
Turning and stopping movements and required signals   12-6-5.8A, B, C and D   25.00 plus additional fees  
Stopping, standing, and parking   12-6-6   25.00 plus additional fees  
Stopping, standing, or parking in prohibited places   12-6-6.1   25.00 plus additional fees  
Parking in improper position   12-6-6.2   25.00 plus additional fees  
Stopped or parked vehicles not to interfere with other traffic   12-6-6.3   25.00 plus additional fees  
Improper parking in alleys   12-6-6.4   25.00 plus additional fees  
All-night parking prohibited   12-6-6.5   25.00 plus additional fees  
Parking for prohibited purposes (display for sale or parking for repair prohibited in streets)   12-6-6.6   25.00 plus additional fees  
Parking adjacent to schools prohibited   12-6-6.7   25.00 plus additional fees  
Parking prohibited on narrow streets   12-6-6.8   25.00 plus additional fees  
Standing or parking where prohibited on one-way streets   12-6-6.9   25.00 plus additional fees  
Standing or parking where prohibited on divided streets   12-6-6.10   25.00 plus additional fees  
No stopping, standing, or parking near hazardous or congested places   12-6-6.11   25.00 plus additional fees  
Overtime parking:      
  1st offense   12-6-6.12   5.00 plus additional fees  
  2nd offense   12-6-6.12   10.00 plus additional fees  
Angle parking and permits for loading/unloading at an angle to the curb   12-6-6.13   25.00 plus additional fees  
Stopping, standing, or parking outside of businesses or residence districts   12-6-6.14   25.00 plus additional fees  
Special stops required   12-6-7   25.00 plus additional fees  
Stopping for school bus   12-6-7.3   100.00 plus additional fees  
Failure to stop at railroad - highway grade crossing   12-6-7.7   150.00 plus additional fees  
Stopping, standing, or parking in freight curb loading zone   12-6-8.4   25.00 plus additional fees  
Careless driving:      
  Attention   12-6-12.4A   50.00 plus additional fees  
  Due regard   12-6-12.4B   50.00 plus additional fees  
Operators and chauffeurs must be licensed   12-6-12.5   25.00 plus additional fees  
Limitations on backing   12-6-12.9   25.00 plus additional fees  
Restriction on use of video in motor vehicles   12-6-12.11   25.00 plus additional fees  
Coasting prohibited   12-6-12.12   25.00 plus additional fees  
Prohibited activities while driving:      
  Activity interfering with driving   12-6-12.18(1)   25.00 plus additional fees  
  Person or animal on lap   12-6-12.18(2)   25.00 plus additional fees  
  Driving while seated on lap of another person   12-6-12.18(3)   25.00 plus additional fees  
  Arm around another person   12-6-12.18(4)   25.00 plus additional fees  
  Operating vehicle to distract or disturb the peace   12-6-12.18(5)   25.00 plus additional fees  
Exhibition driving   12-6-12.19B(3)   50.00 plus additional fees  
Unhitched trailer on street   12-6-13.3   25.00 plus additional fees  
Destructive or injurious material on roadway   12-6-13.5   100.00 plus additional fees  
Animals on streets   12-6-13.10   25.00 plus additional fees  
Child not in restraint device or safety belt   12-6-13.12   50.00 plus additional fees  
Mandatory use of seatbelts   12-6-13.13   25.00 plus additional fees  
Open container - 1st offense   12-6-13.14   35.00 plus additional fees  
Littering   12-6-13.15   300.00 plus additional fees  
Pedestrian violation   12-6-14   25.00 plus additional fees  
Pedestrian's right-of-way in crosswalks   12-6-14.2   25.00 plus additional fees  
Pedestrians to use right half of sidewalk   12-6-14.3   25.00 plus additional fees  
Crossing at other than crosswalks   12-6-14.4   25.00 plus additional fees  
Pedestrians on street   12-6-14.5   25.00 plus additional fees  
Drivers to exercise due care   12-6-14.8   25.00 plus additional fees  
Texting while driving:      
  1st offense   12-6-18   25.00 plus additional fees  
  2nd offense   12-6-18   50.00 plus additional fees  
Eye protection required for motorcycle operation   12-7-5   25.00 plus additional fees  
Prohibited acts   12-10-1.1   25.00 plus additional fees  
Vehicle to be in safe condition   12-10-1.2A   50.00 plus additional fees  
When lighted lamps are required   12-10-1.3   25.00 plus additional fees  
Headlamps of vehicles   12-10-1.5   25.00 plus additional fees  
Dimming of headlights   12-10-1.6   25.00 plus additional fees  
Tail lamps required   12-10-1.7   25.00 plus additional fees  
Vehicles to be equipped with reflectors   12-10-1.8   25.00 plus additional fees  
Stop lamps and signal lamps and devices required   12-10-1.9   25.00 plus additional fees  
Mufflers required - prevention of noise   12-10-1.10   25.00 plus additional fees  
Lamp or flag on projecting load   12-10-1.11   25.00 plus additional fees  
Windshields must be unobstructed   12-10-1.12   75.00 plus additional fees  
Sun screening materials   12-10-1.12A   75.00 plus additional fees  
Display of current valid registration plate   12-10-4   35.00 plus additional fees  
Evidence of registration to be signed and exhibited upon demand   12-10-5   35.00 plus additional fees  


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 ninety (90) days.


D. 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 A of this section 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 twenty dollar ($20.00) correction fee; a six dollar ($6.00) court automation fee; and a three dollar ($3.00) judicial education fee. (Ord. 1038, 11-13-2018, eff. 12-1-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41255#s1303211
12-2-3: PENALTY ASSESSMENT MISDEMEANORS; OPTION; EFFECT:linklink


A. 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 acknowledgment of guilt of the offense stated in the notice.


B. Payment of any penalty assessment must be made by mail to the Municipal Court within thirty (30) days from the date of arrest. Payments of penalty assessments are timely if postmarked within thirty (30) days from the date of arrest. The Municipal Court may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipts.


C. No record of any penalty assessment payment is admissible as evidence in any court in any civil action. (Ord. 644, 11-13-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41255#s1303212
12-2-4: PENALTY ASSESSMENT REVENUE; DISPOSITION:linklink

All penalty assessment receipts, except corrections fees collected pursuant to section 12-12-1.3 of the uniform traffic ordinance, shall be remitted by the Municipal Court to the City Clerk for credit to the General Fund of the City. (Ord. 644, 11-13-2001)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41255#s1303213
12-2-5: FAILURE TO PAY PENALTY ASSESSMENT:linklink


A. If a penalty assessment is not paid within thirty (30) days from the date of arrest, the Municipal Court shall forward a record of the violator's failure to pay penalty assessment to the New Mexico Division of Motor Vehicles for such action, including suspension of the violator's privilege to drive a motor vehicle, as may be required by law.


B. In addition to the action provided in subsection A 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. 644, 11-13-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=41255#s1303214