§ 50-2. Penalty assessments.

(a)

Title. This section may be cited as the "Town of Silver City Penalty Assessment Schedule."

(b)

Definitions; schedule.

(1)

As used in the New Mexico Uniform Traffic Code, as amended from time to time and adopted and incorporated by reference in this chapter, the term "penalty assessment misdemeanor" means a violation of any of the following listed sections of the New Mexico Uniform Traffic Code, for which the listed penalty assessment is established:

Common Name of Offense	Ordinance Violated	Penalty Assessment
Flashing signals	12-5-8	$ 60.00
Speed regulations:	12-6-1
Up to 15 mph over speed limit		60.00
15—25 mph over speed limit		70.00
25—35 mph over speed limit		80.00
Obedience to signs designating one-way streets, alleys	12-6-2.9	60.00
Minimum speed regulations	12-6-1.5	60.00
Overtaking a vehicle on the left	12-6-2.3	60.00
Limitations on overtaking on the left	12-6-2-4	60.00
No-passing zones and restrictions on passing	12-6-2.7	60.00
Following too closely	12-6-2.13	60.00
Driving on divided streets	12-6-2.14	60.00
Vehicle approaching or entering intersection	12-6-4.1	60.00
Vehicles turning left at intersection	12-6-4.2	60.00
Vehicle entering stop or yield intersection	12-6-4.3	60.00
Limitations on turning around	12-6-5.5	60.00
Starting parked vehicle	12-6-5.7	60.00
Obedience to "No-Turn" sign	12-6-4.4	60.00
Turning and stopping movements and required signals	12-6-5.8	60.00
Stopping, standing and parking (Except the penalty assessment for parking in designated disabled parking spaces shall remain as described in UTO Section 12-9-9)	12-6-6 et seq.	15.00
Outside of businesses or residential district	12-6-6.14	60.00
Special stops required	12-6-7	60.00
Stopping for school bus	12-6-7.3	130.00
Careless driving	12-6-12.4	65.00
Operators and chauffeurs must be licensed	12-6-12.5	60.00
Limitations on backing	12-6-12.9	60.00
Right-of-way	12-6.4	60.00
Unlawful riding	12-6-13.2	60.00
Lights and their application to vehicles and pedestrians	12-5-6-C	60.00
Destructive or injurious material on roadway	12-6-13.5	130.00
Unattended motor vehicle	12-6-12.8	60.00
Drivers to exercise due care	12-6-14.8	60.00
When lighted lamps are required	12-10-1.3	60.00
Headlamps on vehicles	12-10-1.5	60.00
Dimming of lights	12-10-1.6	60.00
Taillamps	12-10-1.7	60.00
Mufflers, prevention of noise	12-10-1.10	60.00
Lamp or flag on projecting load	12-10-1.11	60.00
Display of current valid registration plate	12-10-4	60.00
Mandatory proof of insurance	12-10-6	80.00
Mandatory use of seat belts	12-6-13.13	60.00
Boarding or alighting from vehicles	12-6-13.7	60.00
Use of mobile telephone or other electronic communication device while driving	12-6-18	200.00

 

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(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)

A violation of any UTO provision for which a specific penalty assessment is not mentioned in the penalty assessment schedule of the town shall be $60.00 unless otherwise provided by provisions in the UTO, except that the penalty assessment for "Riding on Sidewalks" (UTO 12-8-12) shall be $15.00 for the first offense, and $60.00 thereafter.

(c)

Notice to appear in lieu of penalty assessment notice. Whenever any alleged violator of a penalty assessment misdemeanor elects to accept a notice of penalty assessment, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor.

(d)

Misdemeanors; option; effect.

(1)

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.

(2)

Payment of any penalty assessment must be made by mail to the Municipal Court, Town of Silver City, 215 N. Bullard St., Silver City, New Mexico 88061, within 30 days from the date of arrest. Payments of penalty assessments are timely if postmarked within the time limits set from the date of the 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 are sufficient receipt.

(3)

No record of any penalty assessment payment is admissible as evidence in any court in any civil action.

(e)

Failure to pay.

(1)

State-mandated penalty. If a penalty assessment is not paid within 30 days from the date of arrest, the violator shall be prosecuted for the violation charged on the penalty assessment notice in a manner as if a 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 Code, NMSA 1978, § 12-12-1.1, or other law relating to motor vehicles for the particular offense charged, and the schedule of penalty assessments shall not apply.

(2)

Nonpayment fee. In addition to the prosecution provided for in subsection (e)(1) of this section, it is a misdemeanor for any person who has elected to pay a penalty assessment to fail to do so within 30 days from the date of arrest and in addition to any fine or assessment imposed or paid, there shall be imposed on the person failing to pay a penalty assessment, a nonpayment fee of $25.00 to be paid within 60 days from date of arrest.

(3)

Department of motor vehicles (DMV) notification. The municipal court's office shall notify the state department of motor vehicles when a person fails to pay a penalty assessment within the required period of time. The department of motor vehicles shall report the notice upon the driver's record and shall not renew the person's license until the municipal court's office notifies the department of motor vehicles that the penalty assessment or its equivalent, as well as any additional penalties imposed, are properly disposed of.

(f)

Fees.

(1)

As used in this subsection, the term "convicted" means the defendant has been found guilty of a criminal charge by the municipal judge, either after trial, a plea of guilty or a plea of nolo contendere. The municipal court shall charge those fees required by state statute in amounts specified.

a.

A corrections fee;

b.

A judicial education fee; and

c.

A court automation fee.

(2)

The fees are to be collected upon conviction from persons convicted of violating any ordinance relating to the operation of a motor vehicle or any ordinance that may be enforced by the imposition of a term of imprisonment.

(3)

All money collected pursuant to subsection (f)(1)a. of this section shall be deposited in a special fund in the municipal treasury and shall be used for:

a.

Municipal jailer or juvenile detention officer training;

b.

The construction, planning, operation and maintenance of a municipal jail or juvenile detention facility;

c.

Paying the cost of housing municipal prisoners in a county jail or housing juveniles in a detention facility; or

d.

Complying with match or contribution requirements for the receipt of federal funds relating to jails or juvenile detention facilities.

(4)

All money collected pursuant to subsection (f)(1)b. of this section shall be remitted monthly to the state treasurer for credit to the judicial education fund and shall be used for the education and training, including production of bench books and other written materials, of municipal judges and other municipal court employees.

(5)

All money collected pursuant to subsection (f)(1)c. of this section shall be remitted monthly to the state treasurer for credit to the municipal court automation fund and shall be used for the purchase and maintenance of court automation systems in the municipal courts. The court automation systems shall have the capability of providing, on a timely basis, electronic records in a format specified by the judicial information system council.

(g)

Traffic safety fee.

(1)

In addition to the penalty assessment established for each penalty assessment misdemeanor as provided in this section, there shall be assessed a traffic safety fee of $3.00 which shall be credited to the municipal traffic safety education and enforcement fund; and

(2)

All money collected pursuant to subsection (g)(1) of this section shall be deposited in the municipal traffic safety enforcement fund in the municipal treasury and shall be used only to institute and promote the program of traffic safety through education and enforcement in order to reduce serious and fatal traffic accidents and to provide for the purchase of equipment and support services as are necessary to establish and maintain the program.

(Code 1979, § 29-8; Ord. No. 787, 11-2-1987; Ord. No. 880, § 1, 12-6-1993; Ord. No. 896, 5-6-1994; Ord. No. 906, 9-6-1994; Ord. No. 962, 8-12-1996; Ord. No. 1001, § 2, 5-12-1998; Ord. No. 1048, § 2, 3-27-2001; Ord. No. 1106, § 29-2, 9-29-2005; Ord. No. 1166, 7-13-2010 ; Ord. No. 1234, 10-14-2014 ; Ord. No. 1246 , 6-14-2016)