Chapter 2
PENALTY ASSESSMENT MISDEMEANOR PROGRAM
The section below has been affected by a recently passed ordinance, 1062 - PENALTY ASSESSMENT . Go to new ordinance.
12-2-2: PENALTY ASSESSMENT MISDEMEANORS; DEFINITIONS AND SCHEDULE OF ASSESSMENTS:
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)
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)
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)