Public Notice Hearing Ordinance No. 436
PUBLIC NOTICE HEARING
ORDINANCE NO. 436
Notice is hereby given that the Governing Body, Village of Fort Sumner shall conduct a public hearing during a special meeting held on Tuesday, June 18, 2024 at 5:30 p.m. at the Village Hall, 173 E Avenue C, Fort Sumner, NM for the purpose of adopting the following Ordinance:
AN ORDINANCE RELATING TO THE NEW MEXICO UNIFORM TRAFFIC ORDINANCE ADOPTED BY THE VILLAGE OF FORT SUMNER; ESTABLISHING A PENALTY ASSESSMENT PROGRAM; DEFINING PENALTY ASSESSMENT MISDEMEANORS; ESTABLISHING LISTED SCHEDULE OF PENALTY ASSESSMENTS; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREOF.
BE IT ORDAINED BY THE GOVERNING BODY OF THE VILLAGE OF FORT SUMNER, NEW MEXICO:
SECTION 1.
This Ordinance may be cited as the Village of Fort Sumner Penalty Assessment Program.
SECTION 2.
A. As used in the New Mexico Uniform Traffic Ordinance adopted by the Village of Fort Sumner, 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: PENALTY
COMMON NAME OF OFFENSE SECTION ASSESSMENT
VIOLATED
FLASHING SIGNALS 12-5-8 $ 70.00
SPEED REGULATIONS 12-6-1
(1) Up to and including ten miles an hour over speed limit 70.00
(2) From eleven up to and including fifteen miles an hour over speed limit 85.00
(3) From sixteen up to and including twenty miles an hour over speed limit 120.00
(4) From twenty-one up to and including twenty-
five miles an hour over speed limit 155.00
(5) From twenty-six up to and including thirty miles
an hour over the speed limit 180.00
(6) From thirty-one up to and including thirty-five miles an hour over the speed limit 205.00
(7) More than thirty-five miles an hour over the speed limit 235.00
MINIMUM SPEED REGULATIONS 12-6-1.5 70.00
OVERTAKING A VEHICLE ON THE LEFT 12-6-2.3 70.00
LIMITATIONS ON OVERTAKING ON THE LEFT 12-6-2.4 70.00
NO PASSING ZONES & RESTRICTIONS ON PASSING 12-6-2.7 70.00
FOLLOWING TOO CLOSELY 12-6-2.13 70.00
DRIVING ON DIVIDED STREETS 12-6-2.14 70.00
VEHICLE APPROACHING OR ENTERING INTERSECTION 12-6-4.1 70.00
VEHICLES TURNING LEFT AT INTERSECTION 12-6-4.2 70.00
VEHICLE ENTERING STOP OR YIELD INTERSECTION 12-6-4.3 70.00
LIMITATIONS ON TURNING AROUND 12-6-5.5 70.00
STARTING PARKED VEHICLE 12-6-5.7 70.00
TURNING & STOPPING MOVEMENTS AND REQUIRED SIGNALS 12-6-5.8 70.00
STOPPING, STANDING & PARKING 12-6-6 70.00
SPECIAL STOPS REQUIRED 12-6-7 70.00
STOPPING FOR SCHOOL BUS 12-6-7.3 160.00
RAILROAD-HIGHWAY GRADE CROSSING VIOLATION 12-6-7.6 70.00
FAILURE TO STOP AT RAILROAD-HIGHWAY GRADE CROSSING 12-6-7.7 150.00
OPERATORS & CHAUFFEURS MUST BE LICENSED 12-6-12.5 70.00
LIMITATIONS ON BACKING 12-6-12.9 70.00
CHILD NOT IN RESTRAINT DEVICE OR SAFETY BELT 12-6-13.12 160.00
MANDATORY USE OF SEAT BELTS 12-6-13.13 80.00
POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES IN OPEN CONTAINERS-
FIRST OFFENSE 12-6-13.1 MUST SEE JUDGE
DESTRUCTIVE OR INJURIOUS MATERIAL ON ROADWAY 12-6-13.5 100.00
LITTERING 12-6-13.15 300.00
PEDESTRIAN VIOLATION 12-6-14 70.00
DRIVERS TO EXERCISE DUE CARE 12-6-14.8 80.00
WHEN LIGHTED LAMPS ARE REQUIRED 12-10-1.3 70.00
HEADLAMPS ON VEHICLES 12-10-1.5 70.00
DIMMING OF LIGHTS 12-10-1.6 70.00
TAIL LAMPS 12-10-1.7 70.00
MUFFLERS, PREVENTION OF NOISE 12-10-1.10 70.00
LAMP OR FLAG ON PROJECTING LOAD 12-10-1.11 70.00
DISPLAY OF CURRENT VALID REGISTRATION PLATE 12-10-4 70.00
EVIDENCE OF REGISTRATION TO BE SIGNED AND EXHIBITED ON DEMAND 12-10-5 70.00
NO INSURANCE 12-10-6 155.00
SPEEDING SCHOOL ZONE 12-6-1.2A 160.00
RACING 12-6-12.7 MUST SEE JUDGE
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 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 Section 2 of this ordinance 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) Corrections Fee; a six dollar ($6) Court Automation Fee; and a three dollar ($3) Judicial Education Fee.
SECTION 3. PENALTY ASSESSMENT MISDEMEANORS; OPTION; EFFECT
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 acknowledgement of guilt of the offense stated in the notice, and payment of the prescribed penalty assessment is a complete satisfaction of the violation.
B. Payment of any penalty assessment must be made by mail to the Municipal Court, Traffic Violations Bureau, Village of Fort Sumner, New Mexico within 30 days from the date of citation. Payments of penalty assessments are timely if postmarked within the time limits set from the date of arrest. The traffic Violations Bureau Municipal Court Clerk shall issue a receipt when a penalty assessment is paid by currency, but checks and credit card payments tendered by the violator upon which payment is received is sufficient receipt.
C. No record of any penalty assessment payment is admissible as evidence in any court in any civil action.
SECTION 4. FAILURE TO PAY PENALTY ASSESSMENT
A. If a penalty assessment is not paid within 30 days from the date of citation, 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.
B. In addition to the prosecution provided for in Section 4A, it is a misdemeanor for any person who has elected to pay a penalty assessment to failure to do so within 30 days from the date of citation.
D. 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.
SECTION 5. SEVERABILITY
If any section, subsection, sentence, clause, phrase or any portion of this ordinance 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.
SECTION 6. ORDINANCES REPEALED
All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION 7. EFFECTIVE DATE
This Ordinance shall be in full force and effect from July 1, 2024 after its passage and publication as provided by law.
Published in the De Baca County News on June 6 and 13, 2024.