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)

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)

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)

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)