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654 TOWN OF TAGS ORDINANCES YEAR: 1971 NUMBER: ' F r Item #3 .AN ORDINANCE ADOPTING THE 1978 NEW MEXICO UNIFORM TRAFFIC ORDINANCE AND RELATED PROVISIONS BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF TAOS: 1 Section 1. CODE ADOPTED BY REFERENCE. -- A. Except as otherwise provided in this ordinance, the 1978 New � i Mexico Uniform Traffic Ordinance, being a traffic code, is adopted by refer- ence pursuant to New Mexico Statutes Annotated 1978, Section 3-17-6. B. Article II - Traffic Administration, is amended to place the ` duf les, records and reports of -the Traffic Administration in the Municipal Police Department. C. Article IX - Section 12-9-4 - Parking Time Limits shall be amend- ed to read as follows: "Parking shall be allowed at the rate of five cents ( 5¢) ! for thirty (30) minutes, ten cents (lq) for one (1) hour, twenty-five cents (2* for two (2) hours or less." D. Article XI - Traffic Violations Bureau - is deleated in its entirety, and not adopted by the governing body of the Town of Taos. Section 2. ORDINANCE AVAI'.ABLE FOR INSPECTION -- A copy of the 1978 f� i New Mexico Uniform Traffic Ordinance is available for inspection during the {� municipal clerk's normal and regular business hours at the Town Hall, Armory I� �) Street, Taos, New Mexico. !� Section 4. REPEAL. -- The New Mexico Uniform Traffic Ordinance, 1974 Ed. , is repealed. All ordinances or parts thereof in conflict with the provisions i of this Ordinance or. the 1978 New Mexico Uniform Traffic Ordinance are repeale�. i` i PASSED, APPROVED AND ADOPTED, as Ordinance No. 654 this 21 st day of February,1979 MAYOR ATT ST: G ';OWN C f ,, i. i .g �.f., s„�����i.a„n.�kt,+�%.�1' '� '' S•„�"k%h .'31$:t3 ,3 a'.:�.r;�t�:k k:�':�.k rF.z. ..�.�:...3� �..v'�'t �"r.. '�.+.a..e_'S.1��. :�.:, ..._ .,.�r NOTICE The TOWN OF TAOS, a Municipal Corporation, hereby gives notice of adoption x, of an ordinance the title and a summary of the subject matter of which is set- forth below: Section 1. CODE ADOPTED BY REFERENCE. -- u A. Except as otherwise provided in this ordinance, the 1978 New a Mexico Uniform Traffic Ordinance, being a traffic code, is adopted by refer- Y ence pursuant to New Mexico States Annotated 1978, Section 3-17-6. B. Article II - Traffic Administration, is amended to place the duties, records and reports of the Traffic Administration in the Municipal Police Department. C. Article IX - Section 12-9-4 - Parking Time Limits shall be amended to read as follows: "Parking shall be allowed at the rate of five cents (5 �) for thirty (30) minutes, ten cents (10 �) for one (1) hour, twenty-five cents (25 �) for two (2) hours or less." D. Article XI - Traffic Violations Bureau - is deleated in its ientirety, and not adopted by the governing body of the Town of Taos. I � The subject matter of the Ordinance is the adoption of the 1978 New Mexico I jUniform Traffic Ordinance with certain amendments and related provisions. The ordinance will become effective five (5) days after the date of this I publication. i WITNESS my hand and the seal of the Town of Taos, Taos, New Mexico, this :1 ct day of Ephruary , 1979. MAYOR ATTEST: s/ osephJne Gonzales . TOWN CLERK s I io be published in the Taos News one time March 8, 1979. I _. , . . , NOTICE NOTICE is hereby given that a meeting will be held by the Team Council of the Town of Taos, in the Taos Town Hall, Armory Street, Taos, New Mexico, on Wednesday, March 21, 1979, at 7:30 P.M. . At the meeting the Town Council of the Town of Taos will consider final action on the adoption of an ordinance entitled: AN ORDINANCE ADOPTING THE 1978 NEW MEXICO UNIFORM TRAFFIC ORDIMNCE AND RELATED PROVISIONS. The subject matter of the ordinance is the adoption of the 1978 New Mexico Uniform Traffic Ordinance and other provisions regulating motor vehicles and traffic. Complete copies of this proposed ordinance are on file in the office of the Town Clerk, Municipal offices (on Armory Street) in Taos, New Mexico, and are available during the normal and regular business hours of the Town Clerk upon request and payment of a reasonable charge. WITNESS my hand and the seal of the Town of Taos, Taos, New Mexico, this � r �"ay of February, 1979. s/Phil Lovato MAYOR ATTEST: S/Josephine_Gonzales TOWN CLERK Legal No. Publish Two (2) Times: February 15, 1979 and February 22, 1979 3 MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES INTRODUCTION Traffic control uuvices are all signs, signals, markings, and devices placed on, over, or adjacent to a street or highway b authority of�a t ublic body or official having jurisdiction to regulate,._warn, oruguide traffic. The need for high uniform standards was recognized long ago. The American Association of State Highway and Transportation Officials published a manual for rural highways in 1927 and the National Confer- ence on Street and Highway Safety published a manual for urban streets in 1929. But the necessity for unification of the standards appli- cable to different classes of road and street systems was obvious. To meet this need, a joint committee of the American Association of State Highway and Transportation Officials and the National Conference on Street and Highway Safety developed,and published in 1935,the origi- nal edition of this Manual of Uniform Traffic Control Devices. That committee, though changed from time to time in organization and per- sonnel, has been in continuous existence and has been responsible for periodic revisions of the Manual,including this 1978 edition. In 1972,the Committee's name was formally changed to the National Advisory Committee (NAC) on Uniform Traffic Control Devices. In the preparation of this Manual, the National Advisory Committee ( has utilized its Executive Committee and its Technical Subcommittees and draws on the talents of persons in addition to its formal membership in the conduct of its work. All National Advisory Committee members and members of its subcommittees serve on a voluntary basis giving freely of their time in the Manual deliberations, both in technical sub- committee work in their home areas and at the formal meetings held each year. Staff for the National Advisory Committee is provided by the Fed- eral Highway Administration, Department of Transportation. Corre- spondence should be addressed to the Executive Director,National Ad- visory Committee on Uniform Traffic Control Devices, Federal Highway Administration, Washington, D.C.20590. 1 Part I. GENERAL PROVISIONS IA-1 Purpose of Traffic Control Devices The purpw,e of traffic control devices and warrants for their use is to help insure highway safety by providing; for the orderly and predictable movement of all traffic, motorized and non-motorized, throughout the national highway transportation system, and to provide such guidance and warnings as are needed to insure the safe and informed operation of individual elements of the traffic stream. Traffic control devices are used to direct and assist vehicle operators in the guidance and navigation tasks required to traverse safely any facility open to public travel. Guide and information signs are solely for the purpose of traffic con- trol and are not an advertising medium. IA-2 Requirements of Traffic Control Devices This Manual sets forth the basic principles that govern the design and usage of traffic control devices.These principles appear throughout the text in discussions of the devices to which they apply,and it is important that they be given primary consideration in the selection and application of each device. The Manual presents traffic control device standards for all streets and highways open to public travel regardless of type or class or the governmental agency having jurisdiction. Where a device is intended for limited application only, or for a specific system, the text specifies the restrictions on its use. To be effective,a traffic control device should meet five basic require- ments. The are: 1. Fulfill a need. 2. Command attention. 3. Convey a clear, simple meaning. 4. Command respect of road users. 5. Give adequate time for proper response. In the case of regulatory devices, the actions required of vehicle operators and pedestrians should be specified by State statute, or by local ordinance or resolution which are consistent with national stan- dards. Uniformity of meaning is vital to effective traffic control devices. Meanings ascribed to devices in this Manual are in general accord with 1A-1 the Uniform Vehicle Code of the National Committee on Uniform Traf- fic Laws and Ordinances, which is the nationally recognized standard in this area. Five basic considerations are employed to insure that these require- ments are met. They are: design, placement, operation, maintenance, and uniformity. Design of the device should assure that such features as size,contrast, colors, shape,composition,and lighting or reflectorization are combined to draw attention to the device;that shape,size,colors,and simplicity of message combine to produce a clear meaning; that legibility and size combine with placement to permit adequate time for response; and that uniformity, size,legibility and reasonableness of the regulation combine to command respect. In the design of a device, minor modifications of the specified design elements may be necessary, provided that the es- sential appearance characteristics are met. Placement of the device should assure that it is within the cone of vision of the viewer so that it will command attention; that it is posi- tioned with respect to the point, object, or situation to which it applies to aid in conveying the proper meaning; and that its location, combined with suitable legibility, is such that a driver traveling at normal speed has adequate time to make the proper response. Operation or application should assure that appropriate devices and related equipment are installed to meet the traffic requirements at a given location. Furthermore,the device must be placed and operated in ! a uniform and consistent manner to assure, to the extent possible,that vehicle operators can be expected to properly respond to the device, based on their previous exposure to similar traffic control situations. Maintenance of devices should be to high standards to assure that legibility is retained,that the device is visible,and that it is removed if no longer needed. Clean, legible, properly mounted devices in good working condition command the respect of vehicle operators and pedes- trians. In addition to physical maintenance, functional maintenance is required to adjust needed traffic control devices to current conditions and to remove unnecessary traffic control devices. The fact that a de- vice is in good physical condition should not be a basis for deferring needed replacement or change. Furthermore,carelessly executed main- tenance can destroy the value of a group of devices by throwing them out of balance. For example,replacement of a sign in a group or series by one that is disproportionately large may tend to deprecate others in the vicinity. Unifor»zity of traffic contr_ol_devices aimplifes the task of the road user because it aids in recognition_^and understanding.It aids road users, lice officers,and traffic courts by giving everyone the same interpre- tation. It aids public highway and traffic officials through economy in manufacture, installation, maintenance and administration. IA-2 .i Simply stated, uniformity means treating similar situations in the same way. The use of uniform traffic control devices does not, in itself, constitute uniformity. A standard device used where it is not appropri- ate is as objectionable as a nonstandard device; in fact, this may be worse, in that such n,isuse may result in disrespect at chose locations where the device is needed. IA-3 Responsibility for Traffic Control Devices The responsibility for traffic control devices rests with a multitude of governmental jurisdictions. In virtually all States, traffic control de- vices placed and maintained by State and local officials are required by statute to conform to a State Manual which shall be in substantial con- formance with this Manual. Many Federal agencies have regulations requiring standards in conformance with this Manual for their control device applications. The Uniform Vehicle Code has the following provision in Section 15-104 for the adoption of a uniform manual: "The (State Highway Agency) shall adopt a manual and specifica- tions for a uniform system of traffic-control devices consistent with the provisions of this act for use upon highways within this State. Such uniform system shall correlate with and so far as possible con- form to the system set forth in the most recent edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, and other standards issued or endorsed by the Federal Highway Admin- istrator." Under authority granted by Congress in 1966,the Secretary of Trans- portation has decreed that traffic control devices on all streets and highways in each State shall be in substantial conformance with stan- dards issued or endorsed by the Federal Highway Administrator. 1A-4 Engineering Study Required The decision to use a_particular device at_a particular location should be made on the basis of an engineering study of the location.Thus,while this Manual provides standards for design and application of traffic cont.-ol devices, the Manual is not a substitute for engineering judg- ment. It is the intent that the provisions of this Manual be standards for traffic control devices installation, but not a legal requirement for in- stallation. Qualified engineers are needed to exercise the engineering judgment inherent in the selection of traffic control devices, just as they are needed to locate and design the roads and streets which the devices complement.Jurisdictions with responsibility for traffic control,that do not have qualified engineers on their staffs,should seek assistance from the State highway department, their county, a nearby large city, or a traffic consultant. lA-3 IA-8 Color Code The following color code establishes general meanings for eight colors in a total of twelve colors that have been identified as being appropriate for uses in conveying traffic control information. Central values and tolerance limits for each color are available.* The four colors for which no meaning has been assignee) are being reserved fur future applications.The meanings described in this Section are of a general nature. More specific assignments of colors are given in the individual Parts of this Manual relating to each class of devices. Color Code: YELLOW—General Warning. RED—Stop or prohibition. BLUE—Motorist services guidance. GREEN—Indicated movements permitted, direction guidance. BROWN—Recreational and cultural interest guidance. ORANGE—Construction and maintenance warning. BLACK—Regulation. WHITE—Regulation. PURPLE—Unassigned. STRONG YELLOW-GREEN—Unassigned. LIGHT BLUE—Unassigned. CORAL—Unassigned. 1A-9 Definitions of Words and Phrases Unless otherwise defined herein, definitions contained in the most recent editions of the Uniform Vehicle Code, AASHTO Highway Defi- nitions,and other documents specified in Section IA-7 are also incorpo- rated and adopted by reference. •Available from the Federal Highway Administration(11TO-20),Washington,D.C.20590. s 1 A-7 Part 11. SIGNS A. INTRODUCTION AND GENERAL STANDARDS 2A-1 Function of Signs Signs should be used only where warranted by facts and field studies. Signs are essential where special regulations apply at specific places or • at specific times only, or where hazards are not self-evident. They also give information as to highway routes, directions, destinations and points of interest.Signs ordinarily are not needed to confirm rules of the road. 2A-2 Scope of Sign Standards This Manual prescribes standards for the signing within the right-of- way of all classes of public highways. Detailed standards for Regulatory signs are given in Part II-B and for Warning signs in Part II-C. The requirements and standards for Guide signs will depend on the particular highway class on which they are to be used. For this purpose the following meanings apply: 1. Conventional Road—A street or highway other than a freeway or expressway. 2. Expressway—A divided highway with partial control of access. 3. Freeway—A divided highway with full control of access. Guide sign requirements for conventional roads are given in Part II- D,for expressways in Part I I-E and for freeways in Part II-F.Express- ways are characterized by three distinctive features—divided road- ways,controlled access, and some grade separated intersections.Where any of these features are lacking, prescribed expressway signs may not be fully applicable and standard signs for conventional roads should be used, with such enlargement or other modification as is required to adapt them to existing conditions. Standard guide signing for the National System of Interstate and Defense Highways shall be in accordance with Part II-F, Freeways.As many provisions for expressway signing have application on freeways, references are made to Part II-F, to minimize duplication. Signing for Civil Defense emergencies is contained in Part II-G. Roadway geometric design and signing should be coordinated so that signing can be effectively placed to give the motorist necessary direc- tional and warning information. 2A-1 This Manual contains four special Parts which will be published sepa- rately: 1. Part VI — Traffic Controls for Street and Highway Con- struction and Maintonance Operations. 2. Part VII - 'Traffic Controls for School Areas. 3. fart Vill — 'Traffic Control Systems for Railroad-highway Grade Crossings. 4. Part IX — Traffic Controls for Bicycle Facilities. Publication of separate Parts V I through I X has been anticipated, in each case, through recognition of the need for that subject matter to be available in comprehensive and concise form. Each of these sections is meant to "stand on its own" as a thorough treatment of a specialized transportation topic. 2A-3 Legal Authority '1'xafiic signs shall be placed only by the authority of a public body or official having jurisdiction, for the purpose of regulating, warning,'or guiding traffic. No traffic sign or its support shall bear any message that is not essential to traffic control. Specific reference is made to Section 11-205 of the Uniform Vehicle Code. Any unauthorized sign placed on the highway right-of-way by a pri- vate organization or individual constitutes a public nuisance. All unoffi- cial and nonessential signs should be removed. With proper authority being given,construction contractors and pub- He utility companies are permitted to erect construction and mainte- nance signs at work sites to protect the public, equipment, and work- men,provided that such signs conform to the standards of this Manual. Effective traffic control depends not only on appropriate application of devices, but on reasonable enforcement of regulations as well. Stan- dards in this Manual are based on that concept. 2A-4 Standardization of Application Each standard sign shall be displayed only for the specific purpose prescribed for it in this Manual. Before any new highway, detour, or temporary route is opened to traffic all necessary signs shall be in place. Signs required by road conditions or restrictions shall be removed immediately when those conditions cease to exist or the restrictions are withdrawn. Uniformity of application is as important as standardization with re- spect to design and placement. Identical conditions should always be marked with the same type of sign,irrespective of where those particu- lar conditions occur. Determination of the particular sign or signs to be applied to a spe- cific condition shall ordinarily be made in accordance with the criteria 2A-2 set forth in the following pages. However, engineering judgment is essential to the proper use of signs, the same as with other traffic control devices. 'Traffic engineering studies may indicate that signs Would be 1111novess;ll'y at cert:dn locations.The judgment resulting from traffic e11vin(wring ,tudio� ed' [IIIysie'd ;lnd traffic f;uvtors should be de- petlded uleon to detri'n1Jne for;Miens where signs are deemed necessary. It is recognized that urlmn tr;lffiv conditions differ from rural, and in In;uly instances signs must he applied and located differently. NVhere pertinent ;u1d practical, therefore, this Manual sets fortis separate rec- ommendations for rued and urhan conditions. 2.A-5 Variable Message Signs Variable message signs are designed to have one or more messages that may be displayed or deleted as required. Such a sign may be changed manually, by remote control, or by automatic controls that can "sense" the conditions that require special sign messages. Variable message signs, with more sophisticated technologies, are gaining more widespread use to inform motorists of variable situations, particularly along more congested traffic corridors. It is recognized that clue to technological limitations many variable message signs cannot conform to the exact sign shape,color and dimen- sions specified in these standards. Because technology is developing so rapidly in this area of signing, this Manual has not specified detailed standards for variable message signs. Nevertheless, it is essential that variable message signs ascribe to the principles established in the Man- ual, and to the extent practicable, with the design and applications pre- scribed herein. Highway and transportation organizations are encouraged to develop and experiment with variable message signs(sec. 1A-6)and to carefully evaluate installations where used so that specific Manual standards may be incorporated in the future. 2A-6 Excessive Use of Signs GRr_e,.should.be_taken,.not.to,.install,too_many-pigns.A conservative use of regulatory and warning signs is recommended as these signs, if used to excess,tend to lose their effectiveness.On the other hand,a frequent display of route markers and directional signs to keep the driver in- formed of his location and his course will not lessen their value. 2A-7 Classification of Signs Functionally, signs are classified as follows: Regulatory signs give notice of traffic laws or regulations. Warning signs call attention to conditions on,or adjacent to,a high- way or street that are potentially hazardous to traffic operations. 2A-3 D L All Rl-i R1-3 RI-4 30"x30" 12"x6" 18#1x6" 211-4 Slop Sign (RI-1) STOP signs are intended for use where traffic is required to stop. The STOP sign shall 'Ve an octagon with white message and border on a red background. The standard size shall be 30 x :30 inches. Where greater emphasis or visibility is required,a larger size is recommended. On low-volume local streets and secondary roads with low approach speeds, a 24 x 24 inch size may be used. At a multiway stop intersection (sec. 213-01), a supplementary plate (R1-3)should be mounted just below each STOP sign. If the number of approach legs to the intersection is three or more, the numeral on the supplementary plate shall correspond to the actual number of legs, or the legend ALL-WAY (111-4) may be used. The supplementary plate shall have white letters on a red background and shall have it standard size of 12 x 6 inches (It1-3) or 18 x 6 inches (111-4). A STOP sign beacon or beacons may be used in conjunction with a STOP sign as described in section 4E-4. Secondary messages shall not be used on STOP sign faces. 211-5 Wtirrants for Stop Sign Because the STOP sign causes a substantial inconvenience to motor- ists, it should be used only where warranted. A STOP sign may be warranted at an intersection where one or more of the following condi- tions exist: 1. Intersection of a less important road with a main road where a lication of the normal right-of-way rule i,, unduly hazardous: 2. Street entering a through highway aor street. 3. Unsignalized intersection in a signalized area. 4. Other intersections where a combination of high speed,restricted view, and serious accident record indicates a need for coiltC01 by the STOP sign. STOP signs should never be used on the through roadways of ex- pressways. Properly designed expressway interchanges provide for the 1 2B-2 FA continuous flow of traffic, making; STOP signs unnecessary even on the entering; roadways. Where at-grade intersections are temporarily justi- I'ied 1'm. local t ral•fic in sparsely populated ;wens, S'1'0I' signs should be used (m the vntering roadways to protect the through traffic. STOP signs may ;I IS( I re(Ill ired at Lhe end of ►Iiverging at the # intersection with other highways not designed as exp['essways. In most of these cases, the speeds will not. warrant.any great, increase in the sign sues, STOP sigms shall not be erected at intersections where traffic control signals are operating. The conflicting commands of two types of control devices are confusing,. 1 f traffic is required to stop When Lhe operation of Lhe slop-and-go signals is not warranted,the signals should be put on flashing operation with the red flashing light facing Lhe traffic that must stop. Where two main highways intersect, the STOP sign or signs should normally be posted on the minor street to stop the lesser flow of traffic. Traffic engineering studies, however, may justify a decision to install a STOP sign or signs on the major street, as at a three-way intersection where safety consideration4 may justify stopping the greater flow of traffic to permit a left-turning movement. l STOP signs should not be installed indiscriminately at all unprotected Q.41bl l/ crossings. The allowance of STOP signs at all such crossings would eventually breed contempt for botn law enforcement, and obedience to the sign's command to stop. STOP signs may only be used at selected tail/highway grade crossings after their need has been determined by a detailed traffic engineering study. Such studies should consider ap- proach speeds, sight distance restrictions, volumes, accident records, etc. This application of STOP signs should be an interim use period during which plans for lights,gates or other means of control are being prepared. Portable or part-time STOP signs shall not be used except for emer- gency purpose Also, STOP signs should not be used for speed control. 211-6 Multiway Stop Signs The "Multiway Stop" installation is useful as a safety measure at some locations. It should ordinarily be used only where the volume of traffic on the intersecting reads is approximately equal. A traffic con- trol signal is more satisfactory for an intersection with a heavy volume of traffic. Any of the following conditions may warrant a multiway STOP sign installation (sec. 213-4): 1. Where traffle signals are warranted and urgently needed, the multiway stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal instal- lation. 28-3 TABLE OF CONTENTS ARTICLE I DEFINITIONS ARTICLE II TRAFFIC ADMINISTRATION ARTICLE III APPLICATION OF TRAFFIC REGULATIONS ARTICLE IV ACCIDENTS AND ACCIDENT REPORTS ARTICLE V SIGNS, SIGNALS AND MARKINGS ARTICLE VI TRAFFIC REGULATIONS ARTICLE VII SPECIAL RULES FOR MOTORCYCLES ARTICLE VIII OPERATION OF BICYCLES ARTICLE IX METERED PARKING ARTICLE X VEHICLE REGULATIONS ARTICLE XII PENALTIES AND PROCEDURES ON ARREST ARTICLE XIII EFFECT AND SHORT TITLE OF ORDINANCE INDEX ARTICLE I l DEFINITIONS 12-1-1 Definition of Words and Phrases 12-1-2 Abandoned Vehicle 12-1-3 Administrator 12-1-4 Alley 12-1-5 A-thorned Emergency Vehicle 12-1-6 Bicycle 12-1-7 Bus 12-1-8 Business District 12-1-9 Cancellation 12-1-10 Combination 12-1-11 Controlled Access Street 12-1-12 Convertor Gear 12-1-13 Crosswalk 12-1-14 Curb Loading Zone 12-1-15 Daytime 12-1-16 Dealer 12-1-17 Director 12-1-18 Divided Street 12-1-19 Division 12-1-20 Driveaway-Towaway Operation 12-1-21 Driver 12-1-22 Driver's License 12-1-23 Explosives 12-1-24 Farm Tractor �. 12-1-25 Flammable Liquid 12-1-26 Freight Curb Loading Zone 12-1-27 House Trailer 12-1-28 Implement of Husbandry 12-1-29 Intersection 12-1-30 Interstate Highway 12-1-31 Laned Roadway 12-1-32 License or License to Operate a Motor Vehicle 12-1-33 Metal Tire 12-1-34 Mobile Home 12-1-35 Moped 12-1-36 Motorcycle 12-1-37 Motor Driven Cycle 12-1-38 Motor Scooter 12-1-39 Motor Vehicle 12-1-40 Nighttime 12-1-41 Nonresident 12-1-42 Official Time Standard 12-1-43 Official Traffic-Control Devices 12-1-44 Operator 12-1-45 Owner 12-1-46 Park or Parking 12-1-47 Passenger Curb Loading Zone 12-1-48 Pedestrian 12-1-49 Person 12-1-1 12-1-50 Pole Trailer 12-1-51 Police or Peace Officer 12-1-52 Private Road or Driveway 12-1-53 Public Holidays 12-1-54 Railroad 12-1-55 Railroad Sign or Signal 12-1-56 Railroad Train 12-1-57 RecrUtional Vehicle 12-1-58 Registration Number 12-1-59 Registration Plate 12-1-60 Residence District 12-1-61 Revocation 12-1-62 Right of Way 12-1-63 Road Tractor 12-1-64 Roadway 12-1-65 Safety Zone 12-3-66 School Bus 12-1-67 Semitrailer 12-1-68 Sidewalk 12-1-69 Solid Tire 12-1-70 Stand or Standing 12-1-71 State 12-1-72 State Highway 12-1-73 Stop 12-1-74 Stop, Stopping or Standing 12-1-75 Street or Highway 12-1-76 Suspension 12-1-77 Taxicab 12-1-78 Through Street 12-1-79 Traffic 12-1-80 Traffic-Control Signal 12-1-81 Trailer 12-1-82 Truck 12-1-83 Truck Tractor 12-1-84 Validating Sticker 12-1-85 Vehicle 12-1-86 Any Other Term 12-1-1 DEFINITION OF WORDS AND PHRASES. A. The following words and phrases when used in this ordinance shall , for the purpose of this ordinance, have the meanings respectively as- cribed to them in Sections 12-1-1 through 12-1-86. B. When in a specific section of this ordinance a different mean- ing is given for a term defined for general purposes in this section, the specific section's meaning and application of the term shall control . 12-1-2 12-1-2 ABANDONED VEHICLE. "Abandoned Vehicle" means a vehicle or motor vehicle left unattended, on either private or public property, for an unrea- sonable length of time, and which, after being reported to a law enforcement agency in the state, has been by that agency discovered: (1 ) not to gave been stolen; (2) the legal ownership of which cannot be established by normal record-checking procedures; and (3) the legal ownership of which is not claimed or asserted by any person. 12-1-3 ADMINISTRATOR. "Administrator" means the chief executive employee of the municipality; including but not limited to the manager, clerk or ad- ministrator, or his designated representative. 12-1-4 ALLEY. "Alley" means street intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. 12-1-5 AUTHORIZED EMERGENCY VEHICLE. "Authorized Emergency Vehicle" means any vehicle of the fire epartment, po ice vehicles, ambulances and such emer- gency vehicles of municipal departments or public service corporations as are desginated or authorized by the director or the chief of the New Mexico state police or the administrator. 12-1-6 BICYCLE. "Bicycle" means every device propelled by human power, upon which any person may ride, having two tandem wheels, except scooters and similar devices. �. 12-1-7 BUS. "Bus" means every motor vehicle designed and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. 12-1-5 BUSINESS DISTRICT. "Business District" means the territory con- tiguous to and including a street and within three hundred feet from such street where there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least fifty percent of the frontage on one side or fifty percent of the frontage collectively on both sides of the street. ' 12-1-9 CANCELLATION. "Cancellation" means that a driver's license is annulled and terminated because of some error or defect or because the licensee is no longer entitled to such license, but cancellation of a license is without prejudice and application for a new license may be made at any time after such cancellation. 12-1-10 COMBINATION. "Combination" means any connected assemblage of a motor vehicle and one or more semitrailers , trailers, or semitrailers converted to trailers by means of a converter gear. t 12-1-11 12-1-11 CONTROLLED ACCESS STREET. "Controlled Access Street" means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway. 12-1-12 CONVERTOR GEAR. "Convertor Gear" means any assemblage of one or more axles with a fifth wheel mounted thereon, designed for use in a combi- nation to support the front end of a semitrailer but not permanently attached thereto. 12-1-13 CROSSWALK. "Crosswalk" means: A. That part of a street at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway. B. Any portion of a street at an intersection or elsewhere dis- tinctly indicated for pedestrian crossing by lines or other markings on the surface. 12-1-14 CURB LOADING ZONE. "Curb Loading Zone" means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. 12-1-15 DAYTIME. "Daytime" means from a half hour before sunrise to a half hour after sunset. c + 12-1-16 DEALER. "Dealer" means every person, excluding those who have financed or repossessed vehicles, engaged in the business of buying, selling or exchanging vehicles, if he trades, sells or barters three or more vehicles, motor vehicles or trailers subject to registration in this state, in any cal- endar year, other than a motor vehicle titl-ed or registered for his personal use. 12-1-17 DIRECTOR. "Director" means the head of the motor vehicle division of the state transportation department. 12-1-18 DIVIDED STREET. "Divided Street" means any street containing a physical barrier, intervening space or clearly indicated dividing section so construed to impede vehicular traffic and separating vehicular traffic traveling in opposite directions. 12-1-19 DIVISION. "Division" shall mean the motor vehicle division of the state transportation department. 12-1-20 DRIVEAWAY-TOWAWAY OPERATION. "Driveaway-Towaway Operation" means any operation in which any motor vehicle or motor vehicles, new or used, con- stitute the commodity being transported, when one set or more of wheels of any such motor vehicle or motor vehicles are on the street during the course of transportation, whether or not any such motor vehicle furnishes the motive power. 12-1-21 12-1-21 DRIVER. "Driver" means every person who drives or is in actual physical control of a motor vehicle, including a motor-driven cycle, upon a street or who is exercising control over, or steering, a vehicle being towed by a motor vehicle. 12-1-22 DRIVER'S LICENSE. "Driver's License" means any license to operate a motor vehicle issued un er the laws of this state. 12-1-23 EXPLOSIVES. "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other in- gredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. A further def- inition of explosives is contained in Section 12-1-24 FARM TRACTOR. "Farm Tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows and mowing machines and other implements of husbandry. 12-1-25 FLAMMABLE LIQUID. "Flammable Liquid" means any liquid which has a flash point of seventy degrees Fahrenheit, or less, as determined by a tag- liabue or equivalent closed-cup test device. ' 12-1-26 FREIGHT CURB LOADING ZONE. "Freight Curb Loading Zone" means a ` space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight. 12-1-27 HOUSE TRAILER. "House Trailer" means any vehicle without motive power designed or use as a mobile home, office, shop , or as a recreational , camping or travel facility. 12-1-28 IMPLEMENT OF HUSBANDRY. "Implement of Husbandry" means every ve- hicle which is designed for agricu tural purposes and exclusively used by the owner thereof in the conduct of his agricultural operations. 12-1-29 12-1-29 INTERSECTION. A. "Intersection" means: (1 ) The area embraced within the prolongation or connection �i of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways or two streets which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict. (2) Where a street includes two roadways thirty feet or more apart, then every crossing of each roadway of such divided street by an in- tersecting street shall be regarded as a separate intersection. In the event such intersecting street also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. B. The junction of an alley with a roadway shall not constitute an intersection. 12-1-30 INTERSTATE HIGHWAY. "Interstate Highway" means any public highway which has been designated as an interstate highway by the government of the United States. 12-1-31 LANED ROADWAY. "Laned Roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. 12-1-32 LICENSE OR LICENSE TO OPERATE A MOTOR VEHICLE. "License or License to Operate a Motor Vehicle" means any driver's license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state including: (1 ) any temporary license or instruction permit; (2) the privilege of any person to drive a motor vehicle whether or not the person holds a valid license; and (3) any nonresident's operating privilege as defined herein. 12-1-33 METAL TIRE. "Metal Tire" means every tire the surface of which in contact with the street is wholly or partly of metal or other hard non- resilient material , except that for the purposes of this ordinance a snow tire with metal studs designed to increase traction on ice or snow shall not be considered a metal tire. 12-1-34 MOBILE HOME. "Mobile Home" means a house trailer, other than one held as inventory for sale or resale, that exceeds either a width of eight feet or a length of forty feet, when equipped for the road. 12-1-35 MOPED. "Moped" means a two-wheeled or three-wheeled vehicle having fully operative pedals for propulsion by human power, an automatic transmission -and a motor having a piston displacement of less than fifty cubic centimeters, which is capable of propelling the vehicle at a maximum speed of not more than twenty-five miles an hour on level ground. 12-1-36 12-1-36 MOTORCYCLE. "Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. 12-1-37 MOTOR DRIVEN CYCLE. "Motor Driven Cycle" means every motorcycle, motor scooter and moped having an engine with less than one hundred cubic centimeters displacement. 12-1-38 MOTOR SCOOTER. "Motor Scooter" means a motor-driven cycle as de- fined in this section. F ! 12-1-39 MOTOR VEHICLE. "Motor Vehicle" means every vehicle which is self- propelled and every vehicle which is propelled by electric power obtained from batteries or from overhead trolley wire,.� , but not operated upon rails. 12-1-40 NIGHTTIME. "Nighttime" means the hours from a half hour after sunset to a half hour before sunrise. 12-1-41 NONRESIDENT. "NnnrPcirlpnt" means every person who is not a resident of this state. 12-1-42 OFFICIAL TIME STANDARD. "Official Time Standard" means whenever certain hours are named in this ordinance they shall mean standard time or daylight-saving time as may be in current use in this municipality. 12-1-43 OFFICIAL TRAFFIC-CONTROL DEVICES. "Official Traffic-Control Devices" means all signs, signals, markings and devices not inconsistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. 12-1-44 OPERATOR. "Operator" means driver, as defined in Section 12-1-45 OWNER. "Owner" means a person who holds the legal title of a ve- hicle or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of pos- session vested in the conditional vendee or lessee, or, in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor. 12-1-46 PARK OR PARKING. "Park or Parking" when prohibited means the stand- ing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading and unloading. 12-1-47 PASSENGER CURB LOADING ZONE. "Passenger Curb Loading Zone" means a place adjacent to a curb reserve or the exclusive use of vehicles during the loading or unloading of passengerF. 12-1-48 12-1-48 PEDESTRIAN. "Pedestrian" means any person on foot. 12-1-49 PERSON. "Person" means every natural person, firm, co-partnership, association, corporation, or other legal entity. 12-1-50 POLE TRAILER. "Pole Trailer" means any vehicle without motive power, designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly- shaped loads such as poles, structures, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections. 12-1-51 POLICE OR PEACE OFFICER. "Police or Peace Officer" means every officer authorized to direct or regulate traffic or to make arrests for vi- olations of this ordinance. 12-1-52 PRIVATE ROAD OR DRIVEWAY. "Private Road or Driveway" means every way or place in private ownership and used for vehicular travel by the owner and those having express cr implied permission from the owner, but not other persons. 12-1-53 PUBLIC HOLIDAYS. "Public Holidays" means New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day, or any other day designated a holiday by the governing body of this municipal- ity. 12-1-54 RAILROAD. "Railroad" means .a carrier of persons or property upon { cars operated upon stationary rails. 12-1-55 RAILROAD SIGN OR SIGNAL. "Railroad Sign or Signal" meant any sign, signal , or device erected by authority of a public body or official or by a railroad and Wended to give notice of the presence of railroad tracks or the approach of a railroad train. 12-1-56 RAILROAD TRAIN. "Railroad Train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails. 12-1-57 RECREATIONAL VEHICLE. "Recreational Vehicle" means a vehicle which is composed of a chassis, or a frame with wheels, which either has its own motive power or is drawn by another vehicle, and a camping body primarily designed or converted for use as temporary living quarters for recreational , camping or travel activities. 12-1-58 REGIST!t4TION NUMBER. "Registration Number" means the number as- signed by the motor vehicle division to the owner of a vehicle or motor vehicle required to be registered by the Motor Vehicle Code. 12-1-59 REGISTRATION PLATE. "Registration Plate" means the plate, marker, sticker or tag assigned by the motor vehicle division for the identification of the registered vehicle. 12-1-60 12-1-60 RESIDENCE DISTRICT. "Residence District" means the territory con- tiguous to and including a street not comprising a business district when the property on such street for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business. 12-1-61 REVOCATION. "Revocation" means that the driver's license and priv- ilege to drive a motor vehicle on the public streets are terminated and shall not be renewed or restored, except that an application for a new license may be presented and acted upon by the division after the expiration of at least one year after date of revocation. 12-1-62 RIGHT OF WAY. "Right of Way" means the privilege of the immediate use of the roadway. 12-1-63 -ROAD TRACTOR. "Road Tractor" means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon, either independently or as any part of the weight of a vehicle or load so drawn. 12-1-64 ROADWAY. "Roadway" means that portion of a street improved, de- signed, or ordinarily used for vehicular travel , exclusive of the berm or shoulder. In the event a street includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively. 12-1-65 SAFETY ZONE. "Safety Zone" means the area or space officially set apart within a street for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. 12-1-66 SCHOOL BUS. "School Bus" means any motor vehicle operating under the jurisdiction of the state board of education or private school or parochial school interests which is used to transport children, students or teachers to and from schools or to and from any school activity, but not including any vehicle: (1 ) operated by a common carrier, subject to and meeting all requirements of the state corporation commission but not used exclusively for the transportation of pupils; (2) operated solely by a government-owned transit authority, if the transit authority meets all safety requirements of the state corporation commission but is not used exclusively for transportation of pupils; or (3) operated as a per capita feeder as defined in Section 77-14-6 NMSA 1953. 12-1-67 SEMITRAILER. "Semitrailer" means any vehicle, without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. 12-1-68 12-1-68 SIDEWALK. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians. 12-1-69 SOLID TIRE. "Solid Tire" means every tire of rubber or other re- silient material which does not depend upon compressed air for the support of the load. 12-1-70 STAND OR STANDING. "Stand or Standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. 12-1-71 STATE. "State" means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of Canada. 12-1-72 STATE HIGHWAY. "State Highway" means any public highway which as been designated as a state highway, either by the legislature, the state highway commission or the chief highway engineer. 12-1-73 STOP. "Stop" , when required, means complete cessation from movement. 12-1-74 STOP, STOPPING OR STANDING. "Stop, Stopping or Standing" , when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in com- pliance with the directions of a police officer or traffic-control sign or signal . 12-1-75 STREET OR HIGHWAY. "Street or Highway" means every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel , even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction. 12-1-76 SUSPENSION. "Suspension" means that the driver's license and priv- ilege to drive a motor vehicle on the public highways are temporarily withdrawn but only during the period of such suspension. 12- 1-77 TAXICAB. "Taxicab" means a motor vehicle used in the transportation of persons for hire, having a normal seating capacity of not more than seven persons. 12-1-78 THROUGH STREET. "Through Street" means every street or portion thereof at the entrance to which vehicular traffic from intersecting streets is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this ordinance. 12-1-79 TRAFFIC. "Traffic" means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any street for purposes of travel . 12-1-80 12-1-80 TRAFFIC-CONTROL SIGNAL. "Traffic-Control Signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed. 12-1-81 TRAILER. "Trailer" means any vehicle, without motive power, de- signed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle. 12-1-82 TRUCK. "Truck" means every motor vehicle designed, used or main- tained primarily for the transportation of property. 12-1-83 TRUCK TRACTOR. "Truck Tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. 12-1-84 VALIDATING STICKER. "Validating Sticker" means the tab or sticker issued by the division to signify, upon a registration plate, renewed regis- tration. 12-1-85 VEHICLE. "Vehicle" means every device in, upon, or by which, any person or property is or may be transported or drawn upon a street, including any frame, chassis or body of any vehicle or motor vehicle, except devices moved by human power or used exclusively oon stationary rails or tracks. 12-1-86 ANY OTHER TERM. Any other term used in this ordinance is used in its commonly accepted meaning except where such other term has been defined elsewhere in this ordinance. 12-2-1 ARTICLE II TRAFFIC ADMINISTRATION 12-2-1 DUTIES OF MUNICIPAL POLICE DEPARTMENT 12-2-2 RECORDS OF POLICE DEPARTMENT 12-2-3 TRAFFIC ACCIDENT REPORTS MAINTAINED BY POLICE DEPARTMENT 12-2-4 TRAFFIC ACCIDENT STUDIES BY POLICE DEPARTMENT 12-2-5 ANNUAL TRAFFIC SAFETY REPORT BY POLICE DEPARTMENT 12-1-1 DUTIES OF MUNICIPAL POLICE DEPARTMENT. The Municipal Police Depart- ment shall : W encorce traffic regulations applicable to street traffic; make arrests for traffic violations; (3) investigate accidents ; (4) cooperate with the traffic engineer and other city offi- cials in the administration of traffic laws and regulations and in developing methods to improve traffic conditions ; and, (5) carry out those duties imposed on it by this ordinance. 12-2-2 RECORDS OF POLICE DEPARTMENT. A. The police department shall keep record of traffic accidents , warnings, arrests , convictions, complaints and al l 9ged violations of this ordin- ance or state vehicle laws reported for each person within its jurisdiction. B. The records shall be filed alphabetically under the name of the person concerned, C. Each person 's record shall : (1 ) include a record of the final disposition of all alleged violations of this ordinance or state vehicle laws; (2) show all types of violations and the total of each type; and, (3) accumulate during at least a five-year period and shall he maintained complete for at least the most recent five-year period. 12-2-3 TRAFFIC ACCIDENT REPORTS MAINTAINED BY POLICE DEPARTMENT. A. The police department shall maintain a suitable system of filing traffic accident reports. B. Accident reports or cards referring to them shall be filed alphabetically by location. C. Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident of which report must be made as required in this ordinance either at the time of and at the scene of the ac- cident or thereafter by interviewing participants or witnesses shall , within 12-2-3 twenty-four hours after completing completinq such investigation, forwar d a written report of such accident to the police Department. 12-2-4 TRAFFIC ACCIDENT STUDIES BY POLICE DEPARTMENT. Whenever accidents at any particular location become numerous, the poi ice`�r epartment shall coop- erate with the traffic engineer in conducting studies of such accidents and determining remedial measures. 12-2-5 ANNUAL TRAFFIC SAFETY REPORT BY PiDLICE DEPARTMENT. The police de- partment shall prepare an annual traffic report which sh—a-TTTe filed with the administrator. The report shall contain, but not be limited to, the follow- ing information: (1 ) number of traffic accidents , number of persons killed, number of persons injured and other pertinent traffic accident data; (2) safety activities of the police; and, (3) plans and recommendations of the traffic division for future traffic safely activities. 4. . :T T" 12-3-1 ARTICLE III ( APPLICATION OF TRAFFIC REGULATIONS I 12-3-1 Obedience to Traffic Ordinance 12-3-2 Obedience to Officers 12-3-3 Authority of Police and Fire Departments 12-3-4 Authorized Emergency Vehicles 12-3-5 Application of Traffic Ordinance to Persons Propelling Push Carts, Riding Animals or Driving Animal-Drawn Vehicles 12-3-6 Use of Coaster Wagons, Roller Skates and Similar Devices Restricted 12-3-7 Public Officers and Employees to Obey Ordinance--Exceptions 12-3-1 OBEDIENCE TO TRAFFIC ORDINANCE. It is unlawful and, unless oth- erwise declared in this ordinance with respect to particular offenses, it is, a misdemeanor for any person to do any act forbidden or fail to perform any act required in this ordinance. 12-3-2 OBEDIENCE TO OFFICERS. No person shall willfully fail ; i , use to comply with any lawful order or direction of any police officer or fire department officer invested by this ordinance with authority to direct, control , or regulate traffic. 12-3-3 AUTHORITY OF POLICE AND FIRE DEPARTMENTS. A. It is the daty of police officers, or such officers as may be assigned by the chief of police, to enforce all traffic regulations of this municipality and all applicable state vehicle laws. �r B. Police officers, or such officers as may be assigned by the t, chief of police, are authorized' to direct all traffic by voice, hand or signal in comformance with traffic laws and regulations. However, in the event of a fire or other emergency, they may direct as conditions require, notwithstand- ing provisions of the traffic laws and regulations, in order to expedite traffic or to safeguard pedestrians. C. Officers of the fire departmei-.t. may direct or assist police in directing traffic at the scene of a fire or in its immediate vicin,ty. 12-3-4 12-3-4 AUiHORIZED EMERGENCY VEHICLES. A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section subject to the conditions stated. The director and the chief of the New Mexico state police may des- ignate emergency vehicles and revoke the designation. When vehicles are so designated, they are authorized emergency vehicles. B. The driver of an authorized emergency vehicle may: (1 ) park or stand, irrespective of the provisions of this ordinance; (2) proceed past a red or stop signal or stop sign, but only after slowing down as necessary for safe operation; (3) exceed the maximum speed limits so long as he does not endanger life or property; and (4) disregard regulations governing direction of movement or turning in specified directions. C. The exemptions granted to an authorized emergency vehicle apply only when the driver of the vehicle, while in motion, sounds an audible signal by bell , siren or exhaust whistle as reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under nonnal atmospheric conditions from a distance of five hundred feet to the front of the vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle. U. This section does not relieve the driver of an authorized emer- gency vehicle from the duty to drive with due regard for the safety of all persons, nor does it protect the driver from.the consequences of his reckless disregard for the safety of others. 12-3-5 APPLICATION OF TRAFFIC ORDINANCE TO PERSONS PROPELLING PUSH CARTS, RIDING ANIMALS OR DRIVING ANIMAL-DRAWN VEHICLES. Every person riding an animal , driving any animal-drawn vehicle, or propelling a push cart upon a street shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this ordinance, except those provisions of this ordinance which by their very nature can have no application, and except where otherwise specifically provided in this or- dinance. 12-3-6 USE OF COASTER WAGONS, ROLLER SKATES, SKATEBOARDS, AND SIPIILAR DEVICES RESTRICTED. No person upon roller skates , or riding in or by means of any coaster wagon, skateboard, toy vehicle, or similar device, shall go upon any street except while crossing a street on a crosswalk and when so crossing the person shall be granted all of the rights and be subject to all of the duties applicable to pedestrians as provided for in this ordi- nance. 12-3-7 12-3--7 PUBLIC OFFICERS AND EMPLOYEES TO OBEY ORDINANCE--EXCEPTIONS. A. The provisions of this ordinance, applicable to the rivers of vehicles upon the streets, shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, city, town, dis- trict, or any other political subdivision of the state, except as provided in this section and subject to such specific exceptions as are set forth in this ordinance; with reference to authorized emergency vehicles. B. Unless specifically made applicable, the provisions of this ordinance shall not apply to persons, teams, motor vehicles, and other equip- ment while actually engaged in work upon the surface. of a highway but shall apply to such persons and' vehicles when traveling to or from such work. e.::.'i, . .:. '.... ..y . . .. ,.. s,:�:,i t+.' •i'.'.a=�!i"tl'r'3i:m'.S:Tv'T' ...'...-...,..:eftfS3a`..CriMu :5"-^�h':e ',:Ss`. 12-4-1 ARTICLE IV r r ACCIDENT AND ACCIDENT REPORTS 12-4-1 Accidents Involving Death or Personal Injuries 12-4-2 Accidents Involving Damage to Vehicle 12-4-3 Duty to Give Information and Render Aid 12-4-4 Duty upon Striking Unattended Vehicle 12-4-5 Duty upon Striking Fixtures or Other Property upon a Street 12-4-6 Immediate Notice of Accidents 12-4-7 Written Reports of Accidents 12-4-8 Garages, Dealers and Wreckers of Vehicles to Report 12-4-9 False Reports 12-4-10 Written Accident Reports Confidential--Exceptions 12-4-1 ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the require- ments of Section 12-4-3. Every such stop shall be made without obstructing traffic more than is necessary. 12-4-2 ACCIDENTS INVOLVING DAMAGE TO VEHICLE. The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he �. has fulfilled the requirements of Section 12-4-3. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or :omply with said requirements under such circumstances shall be guilty of a ir,i sdemeanor. 12-4-3 DUTY TO GIVE INFORMATION AND RENDER AID. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, and the registration number of the vehicle he is driving and shall upon request exhibit his driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying , of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. 12-4-4 12-4-4 DUTY UPON STRIKING UNATTENDED VEHICLE. The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. 12-4-5 DUTY UPON STRIKING FIXTURES OR OTHER PROPERTY UPON A STREET. The river of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a street shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon reque-. exhibit his driver's license and shall make report of such accident when and as required in Section 12-4-7. 12-4-6 IMMEDIATE NOTICE OF ACCIDENTS. A. The driver of a vehicle involved in an accident resulting in injury to or death of any person, or property damage to an apparent extent of one hundred dollars ($100) or more, shall immediately, by the quickest i means of communication, give notice of such accident to the police department. B. Whenever the driver of a vehicle is physically incapable of ! F giving an immediate notice of an accident as required in Subsection A and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver. s t i f C � 12-4-7 s 12-4-7 WRITTEN REPORTS OF ACCIDENTS. { A. The driver of a vehicle involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of one hundred dollars ($100) or more shall , within five days after such accident, forward a written report of such accident to the police depart- ment. B. The provisions of this section shall not be applicable when the accident has been investigated at the scene by a police officer while the driver was present. C. The provisions of this section may be met by submission to the police department of a copy of any accident report required under state law. D. 1henever the driver is physically incapable of making a written report of an ac,:.ident as required in this ordinance and such driver is not the caner of Lhe vehicle, then the owner of the vehicle involved in such ac- cidert shad within five da vs after learning of the accident make such report not made by the driver. E. The police department may require any driver of a vehicle in- volved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department. F. Every police officer who, in the regular course of duty, in- vestigates a motor vehicle accident of which report must be made as required in this section, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses shall , within twenty-four hours after completing such investigation, forward a written report of such ' accident to the police department. 12-4-8 GARAGES, DEALERS AND WRECKERS OF VEHICLES TO REPORT. The person in charge of any garage or repair shop, dealers, or wreckers of vehicles, to which is brought any motor vehicle which shows evidence of having been involved in an accident of which report must be made as provided in this or- dinance, or struck by any bullet, shall report to the police department within twenty-four hours after such motor vehicle is received, giving such vehicle identification number, registration number, and the name and address of the owner or operator of such vehicle. 12-4-9 FALSE REPORTS. No person shall give information to the police department in oral or written reports of accidents, knowing or having reason to believe that the information is false. f 12-4-10 12-4-10 WRITTEN ACCIDENT REPORTS CONFIDENTIAL EXCEPTIONS. A. All accident reports made by persons involved in accidents or by garages shall be without prejudice to the individual so reporting and shall be for the confidential use of the police department or state agencies having use for the records for accident prevention purposes or for the admin- istration of the Jaws of this state relating to the deposits of security and proof of financial responsibility by persons driving or the owners of motor vehicles, except that the police department may disclose: (1 ) the identity of a person involved in an accident when his identity is not otherwise known or when the person denies his presence at the accident; or (2) the fact that the owner or operator of a motor vehicle involved in the accident is or is not insured and if he is insured, the name and address of his insurance carrier. B. Except as otherwise provided in this section, no accident report shall be used as evidence in any trial , civil or criminal , arising out of an accident. C. The police department shall furnish upon demand of any person who has or claims to have made a report or upon demand of any court, a cer- tificate showing that a specified accident report has or has not been made to the police department solely to prove a compliance or a failure to comply with the requirement that a report be made to the police department. D. A certified copy of the investigating officer's accident report may be introduced into evidence in any arbitration or civil action involving the insurer's liability under a motor vehicle or automobile liability policy containing uninsured motorist coverage as required by Section 64-5-301 NMSA 1953 to prove that the owner or operator of the other motor vehicle involved in the accident is either insured or uninsured. The police department shall 1 furnish a certified copy of the investigating officer's accident report to either party to the arbitration or civil action or to the court on request. The certified copy of the investigating officer's report is prima facie ev- idence that the owner or operator of the other motor vehicle is dither insured or uninsured. 12-5-1 ARTICLE V r SIGNS, SIGNALS AND MARKINGS 12-5-1 Authority to Install Traffic-Control Devices 12-5-2 Manual and Specifications for Traffic-Control Devices 12-5-3 Obedience to Required Traffic-Control Devices 12-5-4 When Official Traffic-Control Devices Required for Enforcement Purposes 12-5-5 Official Traffic-Control Devices--Presumption of Legality 12-5-6 Lights and Their Application to Vehicles and Pedestrians 12-5-7 Pedestrian Control Signals 12-5-8 Flashing Signals 12-5-9 Lane-Direction-Control Signals 12-5-10 Display of Unauthorized Signs, Signals or Markings 12-5-11 Interference with Official Traffic-Control Devices or Railroad Signals 12-5-12 Play Streets 12-5-13 Crosswalks and Safety Zones 12-5-14 Traffic Lanes 12-5-1 AUTHORITY TO INSTALL TRAFFIC-CONTROL DEVICES. The administrator shall place and maintain such traffic-control devices as necessary to carry out the provisions of this ordinance and to regulate, warn or guide traffic. 12-5-2 MANUAL AND SPECIFICATIONS FOR TRAFFIC-CON ROL DEVICES. The admin- istrator shall place and maintain such traffic-control devices upon streets under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this ordinance or to regulate, warn or guide traffic. All such traffic-control devices hereafter erected shall conform to the state manual and specifications. 12-5-3 OBEDIENCE TO REQUIRED TRAFFIC-CONTROL DEVICES. The driver of any vehicle shallobey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of this ordinance, unless otherwise directed by a traffic or police officer, subject to the ex- ceptions granted the driver of an authorized emergency vehicle in this ordinance. 12-5-4 WHEN OFFICIAL TRAFFIC-CONTROL DEVICES REQUIRED FOR ENFORCEMENT PURPOSES. No provision of this ordinance for which signs are re- quired shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and suf- ficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place. 12-5-5 12-5-5 OFFICIAL TRAFFIC-CONTROL DEVICES--PRESUMPTION OF LEGALITY. A. Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this ordinance, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. B. Any official traffic-control device placed pursuant to the provisions of this ordinance and purporting to conform to the lawful require- ments pertaining to such devices shall be presumed to comply with the requirements of this ordinance, unless the contrary shall be established by competent evidence. 12-5-6 LIGHTS AND THEIR APPLICATION TO VEHICLES AND PEDESTRIANS. Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one [1] at a time or in com- bination., only the colors green, yellow and red shall be used, except for special pedestrian control signals carrying a word legend, and the lights indicate and apply to drivers of vehicles and pedestrians: A. Green alone: (1 ) vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at the place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited; and (2) pedestrians facing the signal may proceed across the street within any marked or unmarked crosswalk. B. Yellow alone when shown following the green signal : (1 ) vehicular traffic facing the signal is warned that the red signal will be exhibited immediately thereafter and the vehicular traffic shall not enter the intersection when the red signal is exhibited except to turn right as hereinafter provided; and (2) no pedestrian facing the signal .shall enter the st.•eet until the green is shown alone unless authorized to do so by a pedestrian "walk" signal . C. Red alone: (1 ) vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, then before entering the intersection, and may then turn right after standing until the intersection may be entered safely, provided that such vehicular traffic shall yield the right of way to all pedestrians and vehicles lawfully in or approaching the intersection; and (2) vehicular traffic on a one-way street facing the signal shall stop before entering the crosswalk on the near side of the intersection of if there is no crosswalk, then before entering the intersection, and if a left turn onto a one-way street in the proper direction is intended, may turn left after stopping until the intersection may be entered safely, provided that such vehicular traffic shall yield the right of way to all pedestrians and vehicles lawfully in or approaching the intersection; (3) whenever the administrator determines on the basis of an engineering and traffic investigation that a turn as hereinabove provided should be prohibited at a particular intersection, such turn may be prohibited by the posting of signs at the intersection indicating that such a turn is prohibited; and 12-5-7 (4) no pedestrian facing the signal shall enter the street until the green is shown alone unless authorized to do so by a pedestrian "walk" signal . D. Red with green arrow: (1 ) vehicular _traffic facing the signal may cautiously enter the intersection only to make the movement indicated by the arrow, but shall yield the right of way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection; and (2) no pedestrian facing the signal shall enter the street unless he can do so safely and without interfering with any vehicular traffic. E. If an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section apply except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the signal . F. When a sign is in place permitting a turn, vehicular traffic facing a steady red signal may cautiously enter the intersection to make the turn indicated by the sign after stopping as required by Subsection C(1 ). Vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. 12-5-7 PEDESTRIAN CONTROL SIGNALS. Whenever special pedestrian control signals exhibiting the words walk" or "don't walk" are in place: 0 ) "walk" indicates that pedestrians facing the signal may proceed across the street in the direction of the signal and shall be given the right of way by drivers of all vehicles; and (2) "don't walk" indicates that no pedestrian shall start to cross the street in the direction of the signal , but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the "don't walk" signal is 'showing. 1 12-5-8_ FLASHING SIGNALS. A. Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows: (1 ) flashing red (stop signal )--when a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable. after making a stop at a stop sign; or (2) flashing yellow (caution signal )--when a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution. B. This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in Sections 12-6-7.5 - 12-6-7.8 of this ordinance. 12-5-9 12-5-9 LANE-DIRECTION-CONTROL SIGNALS. When lane-direction-control signals are placed over the individual lanes of a street, vehicular traffic may travel in any lane over which a green signal is shown, but a vehicle shall not enter or travel in any lane over which a red signal is shown. 12-5-10 DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS OR MARKINGS. A. No person shall place, maintain, or display upon or in view of any street any unauthorized sign, signal , marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal , or which attempts to direct the movements of traf- fic, or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal , and no person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising. B. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the administrator is hereby empowered to romnve the same or cause it to be removed without notice. C. The provisions of this section shall not prohibit the erection of signs upon private property adjacent to streets if the signs give useful directional information and are of a type that cannot be mistaken for official signs. 12-5-11 INTERFERENCE WITH OFFICIAL TRAFFIC-CONTROL DEVICES OR RAILROAD SIGNALS. A. No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device or any railroad sign or signal or anv inscription, shield, or insignia thereon, or any other part thereof. B. No person shall hide or obscure any official traffic-control device or railroad sign or signals by parking a vehicle or erecting any object or by allowing bushes, hedges, trees or other vegetation to grow so as to obscure traffic-control devices or railroad signals. An obstruction includes, but is not limited to, any sign, fence, ornament, hedge, shrub, tree or display, but it does not include a building. C. Unobstructed vision for traffic safety shall be maintained by the property owner or occupant on all corner lots regardless of the zone classification. No obstruction between three and eight feet above the street level shall be placed or maintained within a triangular area bounded by the street property lines of the corner lot and a line connecting the points 25 feet distant from the intersection of the property lines of such lot. D. Every obstruction interfering with official traffic-control devices or railroad signals is a public nuisance, and the administrate may remove the obstruction or cause it to be removed without iotice and assess costs involved to the violator. 12-5-12 PLAY STn;ciC. A. The administrator has authority to declare any street or part of a street a temporary play street and to place appropriate signs or devices in the street to indicate and help protect the street. B. Whenever authorized signs are erected to indicate a play street, no person shall drive on the street except drivers of vehicles whose residences are within the closed area. Such drivers shall exercise the greatest care in driving on the play street. 12-5-13 12-5-13 CROSSWALKS AND SAFETY ZONES. The administrator, upon the basis of engineering and traffic study investigations, may; (1 ) designate and maintain crosswalks by appropriate devices, marks or lines on the surface of the street where, in his opinion, there is particular danger to pedestrians crossing the street; and (2) establish safety zones of the kind and character and at places he deems necessary for the protection of pedestrians. 12-5-14 TRAFFIC LANES. The a ministrator, upon the basis of engineering and traffic study investigations, may mark traffic lanes upon any street where a regular alignment of traffic is necessary. B. Where such traffic lanes have been marked, it is unlawful for the operator of a vehicle to fail to keep the vehicle within the boundaries of the lane except when lawfully passing another vehicle or when making a lawful turning movement. F t i i t. f 4 r f 1� ff, I A" ARTICLE VI TRAFFIC REGULATIONS 12-6-1 Speed Regulations 12-6-1 .1 Basic Rule 12-6-1 .2 Speed Limits 12-6-1 .3 Establishment of Speed Zones 12-6-1 .4 Regulation of Speed by Traffic Signals 12-6-1 .5 Minimum Speed Regulation 12-6-1 .6 Charging Violations 12-6-1 .7 Special Speed Limitations 12-6-2 Driving on Right Side of Street--Overtaking and Passing--Use of Street 12-6-2.1 Drive on Right Side of Street--Exceptions 12-6-2.2 Passing Vehicles Proceeding in Opposite Direction 12-6-2.3 Overtaking Vehicle on the Left 12-6-2.4 Limitations on Overtaking on the Left 12-6-2.5 Further Limitations on Driving on Left of Center of Street 12-6-2.6 When Overtaking on the Right is Permitted 12-6-2.7 No-Passing Zones and Restrictions on Passing 12-6-2.8 Authority to Designate One-Way Streets and Alleys 12-6-2.9 Obedience to Signs Designating One-Way Street-; and Alleys 12-6-2.10 Rotary Traffic Islands 12-6-2.11 Restricted Direction of Movement on Streets during Certain Periods 12-6-2.12 Driving on Streets Laned for Traffic 12-6-2.13 Following Too Closely 12-6-2. 14 Driving on Divided Streets 12-6-2.15 Controlled Access 12-6-2.K Restrictions on Use of Controlled-Access Streets 12-6-3 Designating Stop and Yield Intersections 12-6-3.1 Through Streets Designated 12-6-3.2 Authority to Erect Stop and Yield Signs at Through Streets 12-6-3.3 Authority to Erect Stop or Yield Signs at Other Intersections 12-6-4 Right of Way 12-6-4.1 Vehicle Approaching or Entering Intersection 12-6-4.2 Vehicles Turning Left at Intersection 12-6-4.3 Vehicles Entering Stop or Yield Intersection 12-6-5 Turning and Starting and Signals on Stopping and Turning 12-6-5.1 Required Position and Method of Turning at Intersection 12-6-5.2 Authority to Place Devices Altering Normal Course for Turns 12-6-5.3 Authority to Place Restricted Turn Signs 12-6-5.4 Obedience to No-Turn Signs 12-6-5.5 Limitations on Turning Around 12-6-5.6 Turning on Curve or Crest of Grade Prohibited 12-6-5.7 Starting Parked Vehicle 12-6-5.8 Turning and Stopping Movements and Required Signals 12-6-5.9 Signals by Hand and Arm or Signal Device 12-6-5.10 Method of Giving Hand and Arm Signals 12-6-6 Stopping, Standing and Parking 12-6-6.1 Stopping, Standing or Parking Prohibited in Specified Places 12-6-6.2 Additional Parking Regulations 12-6-6.3 Parking Not to Obstruct Traffic 12-6-6.4 Parking in Alleys 12-6-6.5 All-!sight Parking Prohibited 12-6-6.6 Parking for Certain Purposes Prohibited 12-6-6.7 Parking Adjacent to Schools Prohibited 12-6-6.8 Parking Prohibited on Narrow Streets 12-6-6.9 Standing or Parking on One-Way Streets 12-6-6.10 Standing or Parking on Divided Streets 12-6-6.11 No Stopping, Standing or Parking Near Hazardous or Congested Places 12-6-6.12 Stopping, Standing or Parking Restricted or Prohibited on Certain Streets 12-6-6.13 Angle Parking and Permits for Loading or Unloading at an Angle to the Curb 12-6-6.14 Stopping, Standing or Parking Outside of Business or Residence Districts 12-6-7 Special Stops Required 12-6-7.1 Emerging from Alley, Building, Driveway or Private Road 12-6-7.2 Stop When Traffic Obstructed 12-6-7.3 Stopping for School Bus 12-6-7.4 Operation of Vehicle on Approach of Authorized Emergency Vehicle 12-6-7.5 Obedience to Signal Indicating Approach of Train 12-6-7.6 All Vehicles Must Stop at Certain Railroad Grade Crossings 12-6-7. 7 Certain Vehicles Must Stop at Railroad Grade Crossings--Exceptions 12-6-7.8 Moving Heavy Equipment at Railroad Grade Crossings 12-6-8 Passenger and Freight Curb Loading Zones 12-6-8.1 Authority to Designate Curb Loading Zones 12-6-8.2 Permits for Curb Loading Zones 12-6-8.3 Stopping, Standing or Parking in Passenger Curb Loading Zones 12-6-8.4 Stopping, Standing or Parking in Freight Curb Loading Zones 12-6-9 Public Carrier Stops and Stands 12-6-9.1 Authority to Designate Public Carrier Stops and Stands 12-6-9.2 Fees and Permits for Public Carrier Stops and Stands 12-6-9.3 Stopping, Standing and Parking of Buses and Taxicabs Regulated 12-6-9.4 Restricted Use of Bus and Taxicab Stands 12-6-10 School Crossings 12-6-11 Excessive Size and Weight, Slow-Moving and Hazardous Vehicles 12-6-11 . 1 Permit for Moving Excessive Size and Weight Vehicles 12-6-11 .2 Slow-Moving Vehicle Identification 12-6-11 .3 Escort to Be Furnished for Movement of Hazardous Vehicles 12-6-12 Driving Regulations and Offenses 12-6-12.1 Persons under the Influence of Intoxicating Liquor 12-6-12.2 Persons under the Influence of Drugs b 12-6-12.3 Reckless Driving 12-6-12.4 Careless Driving 12-6-12.5 Operators and Chauffeurs Must Be Licensed 12-6-12.6 Unlawful Use of License 12-6-12.7 Fleeing or Attempting to Elude a Police Officer 12-6-12.8 Unattended Motor Vehicle 12-6-12.9 Limitations on Backing 12-6-12.10 Obstruction to Driver's View or Driving Mechanism 12-6-12.11 Restriction on Use of Television in Motor Vehicles 12-6-12.12 Coasting Prohibited 12-6-12.13 Following Fire Apparatus Prohibited 12-6-12.14 Crossing Fire Hose Prohibited 12-6-12.15 .Driving through Safety Zones Prohibited 12-6-12. 16 Vehicles Shall Be Driven Only on Streets, Private Roads and Driveways 12-6-12.17 Driving on Sidewalk 12-6-12. 18 Prohibited Activities While Driving 12-6-12.19 Racing on Streets 12-6-12.20 Processions 12-6-12.21 Driver to Take Precautions Approaching Blind 12-6-12.22 Offenses by Persons Owning or Controlling Vehicles 12-6-12.23 Permitting Unauthorized Persons to Drive 12-6-12.24 Parties to Unlawful Acts 12-6-13 Miscellaneous Traffic Regulations 12-6-13.1 Riding with Intoxicated Driver or Person under Influence of Drugs 12-6-13. 2 Unlawful Riding 12-6-13.3 Unhitched Trailer on Street 12-6-13.4 Moving or Molesting Unattended Vehicles 12-6-13.5 Destructive or Injurious Material on Street 12-6-13.6 Trains and Buses Not to Obstruct Streets 12-6-13.7 Boarding or Alighting from Vehicles 12-6-13.8 Improper Opening of Doors 12-6-13.9 Occupied Moving House Trailer 12-6-13. 10 Animals on Street 12-6-13. 11 Minors - Alcoholic Liquor - Possession While Operating a Motor Vehicle 12-6-13.12 Driving on Mountain Streets 12-6-14 Pedestrians' Rights and Duties 12-6-14. 1 Pedestrian Obedience to Traffic-Control Devices and Traffic Regulations 12-6-14.2 Pedestrian's Right of Way in Crosswalks 12-6-14.3 Pedestrians to Use Right Half of Crosswalks 12-6-14.4 Crossing at Other than Crosswalks 12-6-14.5 Pedestrians on Streets 12-6-14.6 Pedestrians Soliciting Rides or Business 12-6-14.7 Obedience of Pedestrians to Bridge and Railroad Signals 12-6-14.8 Drivers to Exercise Due Care 12-6-14.9 Reference to Vehicles upon the Streets 12-6-1 12-6-1 SPEED REGULATIONS. 12-6-1 . 1 BASIC RULE. No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Consistent with the foregoing; every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding street and when special hazards exit with respect to nedestrians or other traffic or by reason of weather or nig)thway conditions. 12-6-1 . 2 SPEED LIMITS. A. No person shall drive a vehicle of a street at a speed greater than: (1 ) fifteen miles per hour on M streets when passing a school while children are going to, or leaving, school , and when the school zone is properly posted; (2) thirty miles per hour in any t,,;siness or residence district (64-7-301 NMSA 1953) ; or (3) the lawfully posted speed limit when signs are erected giving notice of the speed limit. B. In every event, speed shall be so controlled as may be necessary: (1 ) to avoid colliding with any person, vehicle or other con- veyance on, or entering, the street; and (2) to comply with legal requirements as may be established by the state highway department or the New Mexico state police, and the duty of all persons to use due care. 12-6-1 . 3 ESTABLISHMENT OF SPEED ZONES. A. Whenever the administrator determines, upon the basis of an engineering survey and traffic investigation, that any speed limit permitted under state law or local ordinance is greater or less than is reasonable or safe under the conditions found to exist upon any p6rt of a street within his jurisdiction, he may declare a speed limit for that part which is effective at times determined, when appropriate signs giving notice thereof are erected at the particular part of the street. B. Alteration of speed limits on state highways by the administrator are not effective until approved by the state highway commission. C. The administrator shall adhere to and abide by all applicable state statutes in making his determination of speed limits in the municipality. D. Whenever the administti•ator declares a speed limit, he shall submit a schedule of the speed limit to the police department, the municipal judge, the municipal clerk and the municipal attorney. E. Speed zones may he marked by a sign containing a flashing yellow light and, when the light is in operation, the speed limit, instructions or regulations on the sign are in effect. 12-6-1 .4 REGULATION OF SPEED BY TRAFFIC SIGNALS. The administrator is authorized to regulate the timing of traffic signals so as to permit the move- ment of traffic in an orderly and safemanner at speeds slightly at variance from the speeds otherwise applicable within the district or at intersections and shall erect appropriate signs giving notice thereof. 12-6-1 . 5 12-6-1 .5 MINIMUM SPEED REGULATION. A. No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with this ordinance. B. Whenever the administrator determines on the basis of an engi- neering and traffic investigation that slow speeds on any part of a street consistently impede the normal and reasonable movement of traffic, the admin- istrator may determine and declare a minimum speed limit below which no person shall drive a vehicle except when necessary for safe operation or in compliance with this ordinance. C. Police officers may enforce this section by directions to drivers. In the event of apparent willful disobedience to this section and refusal to comply with directions of an officer in accordance herewith, the continued slow operation by a driver is a violation of this section. 12-6-1 .6 CHARGING VIOLATIONS. A. In every charge of violation of any speed regulation under this ordinance, the complaint and the uniform traffic citation shall specify the speed at which the defendant is alleged to have driven and the maximum speed applicable within the district or at the location. B. Provisions of this ordinance for maximum speed limitations shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident. i 12-6-1 .7 SPECIAL SPEED LIMITATIONS. A. Subject to the requirements of Section 12-10-1 . 15 of this or- dinance, no person shall drive any vehicle equipped with solid rubber or cushion tires at a speed greater than a maximum of ten miles per hour. B. No person shdll drive a vehicle over any bridge or other elevated structure constituting a part of a street at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure, when such structure is signposted 12-6-2 DRIVING ON RIGHT SIDE OF STREET--OVERTAKING AND PASSING--USE OF STREET. 12-6-2.1 DRIVE ON RIGHT SIDE OF STREET--EXCEPTIONS. A. Upon all streets of sufficient width a vehicle shall be driven upon the right half of the street, and where practicable, entirely to the right of the center thereof, except as follows: (1 ) when overtaking and passing another vehicle proceeding in the same direction under the rules .governing such movement (2) when an obstruction exists making it necessary to drive to the left of the center of the street, provided that any person driving to the left shall yield the right of way to all vehicles traveling in the proper direction on the unobstructed portion of the street ; (3) when the right half of a street is closed to traffic while under construction or repair (4) upon a street divided into inree marked lanes for traffic under the rules applicable thereon; or (5) upon a street designated and signposted for one-way traffic. 12-6-2.2 B. Upon all street any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the street except when over- taking and passing another car proceeding in the same direction or when preparinq for a left turn at an intersection or into a private road or driveway. C. Upon any street having four nr more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the street, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the street for use by traffic not otherwise permitted to use such lanes, or except as permitted under Subsection 12-6-2.1-A-2. However, this section shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway. 12-6-2.2 PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTION. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon streets having width for not more than one [1] line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the street as nearly as possible. 12-6-2. 3 OVERTAKING A VEHICLE ON THE LEFT. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated: (1 ) the driver of a vehicle overtaking another vehicle proceed- ing in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the street until safely clear of the overtaken vehicle; and (2) except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. 12-6-2.4 LIMITATIONS ON OVERTAKING ON THE LEFT. No vehicle shall be driven to the left side of the center of tie street in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without inte. fering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the street before coming within one hundred feet of any vehicle approaching from the opposite direction. 12-6-2.5 12-6-2.5 FURTHER LIMITATIONS ON DRIVING ON LEFT OF CENTER OF STREET. A. No vehicle shall at any time be driven to the left side of the street under the following conditions: y (1 ) when approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (2) when approaching within one hundred feet of or traversing any intersection or railroad grade crossing; or (3) when the view is obstructed upon approachinq within one hundred feet of any bridge, viaduct, or tunnel . B. The foregoing iimitations shall not apply: (1 ) upon a one-way street; (2) under the conditions described in 12-6-2. 1-A-2; nor (3) to the driver of a vehicle turning left into or from an alley, private road or driveway. 12-6-2.6 WHEN OVERTAKING ON THE RIGHT IS PERMITTED. A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (1 ) when the vehicle overtaken is making or about to make a left turn; (2) upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction; or (3) upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the street is free from obstructions and of sufficient width for two or more lines of moving vehicles. B. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main-traveled portion of the street. 12-6-2.7 NO PASSING ZONES AND RESTRICTIONS ON PASSING. A. The administrator may determine those portions of any street or highway under his jurisdiction where overtaking and passing or driving on the left of the street would be especially hazardous and may, by appropriate signs or markings on the street indicate the beginning and end of such zones When the signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the direction thereof. B. Where signs or markings are in place to define a no-passing zone as set forth in Subsection A of this section, no driver shall at any time drive on the left side of the street within the no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone through- out its length. This section does not apply under the conditions described in Section 12-6-2.1-A-3 or to the driver of a vehicle turn nn left into or from an alley, private road or driveway. C. When double yellow lines are painLea cn a pavement, no driver shall drive any vehicle across the lines except the driver of a vehicle turning left into or from an alley, private road or driveway. D. No driver shall overtake and pass any other vehicle proceeding in the same direction in a school zone when the school zone signs are in place. 12-6-2.8 E. Whenever a vehicle is stopped at a marked crosswalk or an un- marked crosswalk at an intersection to permit a pedestrian to cross the street, the driver of the vehicle approaching from the rear shall not overtake and pass the stopped vehicle. 12-6-2.8 AUTHORITY TO DESIGNATE ONE-WAY STREETS AND ALLEYS. A. The administrator may designate and sign streets and alleys as one-way streets and alleys. This designation shall be made only upon the basis of engineering and traffic investigation. B. Signs indicating the direction of lawful traffic movement shall be placed at every intersection, where movement of traffic in the opposite direction is prohibited. No regulation as to one-way traffic shall be effective unless signs are in place indicating the direction of the flow of traffic. C. The administrator shall maintain a schedule of all streets and alleys which have been established as one-way and shall provide copies of the schedule to the notice department, municipal clerk, municipal judge and munic- ipal attorney. 12-6-2.9 OBEDIENCE TO SIGNS DESIGNATING ONE-WAY STREETS AND ALLEYS. A. Upon those streets and parts of streets and in those alleys restricted to movement in one direction, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited. B. Failure to comply with such signs is a violation of this ordi- nance. 12-6-2.10 ROTARY TRAFFIC ISLANDS. A vehicle passing around a rotary traf- fic island shall be driven only to the right of such island. 12-6-2.11 RESTRICTED DIRECTION OF MOVEMENT ON STREETS DURING CERTAIN PERIODS. A. The administrator may determine and designate streets, parts of streets or specific lanes upon which vehicular traffic shall proceed in one direction during one period of the day and the opposite direction during another period of the day. This designation shall be made only upon the basis of engineering and traffic investigation. B. Appropriate markings, signs, barriers or other devices shall be placed to give notice of the restricted movement, C. Signs may be placed temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the street. 12-6-2.12 12-6-2.12 DRIVING ON STREETS LANED FOR TRAFFIC. Whenever any street has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply: (1 ) a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety; (2) upon a street which is divided into three lanes a vehicle shall not be driven in the center lane except when overtaking and passing an- other vehicle where the street is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation; (3) official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the street and drivers of vu';icles shall obey the directions of every such sign and (4) official traffic-control devices may be installed prohib- iting the changing of lanes on sections of streets, and drivers of vehicles shall obey the directions of every such device. 12-6-2. 13 FOLLOWING TOO CLOSELY. A. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic -upon and the condition of the highway. B. The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a street outside of a business or residence district shall not follow another motor truck or motor vehicle drawing another vehicle within three hundred [300] feet, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing by any like vehicle or other vehicle. C. Motor vehicles being driven upon any street outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall not follow the preceding vehicle closer than three hundred [300] feet. This provision shall not apply to funeral processions, nor shall it apply within or outside of a business or residence district to motor vehicle escort vehicles of a motor vehicle escort service, which may, if necessary to maintain the continuity of the escorted unit or units; precede or follow at a distance closer than three hundred [300] feet to the escorted unit or units. - 12-6-2. 14 12-6-2.14 DRIVING ON DIVIDED STREETS. A. Whenever any street has been divided into two [2] roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand segment of the divided street (64-7-319 NMSA 1953) , unless directed or permitted to use another segment by official traffic-control devices or police officers. . B. No vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or cnarP nr at a crossover or intersection estab- lished by public authority. C. Where recessed cut-outs are proviaed in dividers to facilitate left turns, all vehicles, except those having a turning radius precluding use of such recessed cut-outs, shall execute a left turn by occupying the recess or cut-out prior to entering the intersection. 12-6-2.15 CONTROLLED ACCESS. No person shall drive a vehicle onto or from any controlled-access street except at such entrances and exits as are established by public authority. 12-6-2.16 RESTRICTIONS ON USE OF CONTROLLED-ACCESS STREETS. A. No pedestrian, bicycle or other non-motorized traffic shall use any controlled-access street, but notwithstanding this provision, drivers of vehicles using the controlled-access street are not relieved of responsi- bility for exercising due care. B. In addition to the provisions of paragraph A, the local governing body may, by ordinance, regulate or prohibit the use of any controlled-access street within its jurisdiction by any class or kind of traffic which is found to be incompatible with the normal and safe movement of traffic. C. No driver shall stop a vehicle upon any controlled-access street for the purpose of taking on or discharging passengers, freight or merchandise. D. The administrator has the authority to erect and maintain official traffic-control devices on the controlled-access street on which the restrictions are applicable, and when such traffic-control devices are in place, no person shall disobey the restrictions stated on the devices. 12-6-3 DESIGNATING STOP AND YIELD INTERSECTIONS. 12-6-3. 1 THROUGH STREETS DESIGNATED. A. The administrator, upon traffic and engineering study and in- vestigation, may designate which streets shall be through streets. B. A schedule of the through streets shall be prepared by the ad- ministrator with copies furnished to the police department, municipal clerk, municipal judge and municipal attorney. 12-6-3. 2 12-6-3.2 AUTHORITY TO ERECT STOP AND YIELD SIGNS AT THROUGH STREETS. A. Whenever the administrator designates and describes a through street, the city traffic engineer shall place and maintain a stop sign, or { on the basis of an engineering and traffic investigation at any intersection a yield sign, on each and every street intersecting the through street unless traffic at any such intersection is controlled at all times by traffic-control signals. B. However, at the intersection of two through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches to both of said streets in a manner determined by the administrator upon the basis of an engineering and traffic study. 12-6-3.3 AUTHORITY TO ERECT STOP OR YIELD SIGNS AT OTHER INTERSECTIONS. The administrator may determine and designate intersections other than through streets where particular hazard exists and determine: (1 ) whether vehicles shall stop at one or more entrances to the intersection, in which event he shall have erected a stop sign at every place where a stop is required; or (2) whether vehicles shall yield the right of way to vehicles on a different street at the intersection, in which event he shall have erected a yield sign at every place where obedience thereto is required. 1 12-6-4 RIGHT OF WAY. 12-6-4.1 VEHICLE APPROACHING OR ENTERING INTERSECTION. A. The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a dif- ferent street. B. When two vehicles enter an intersection from different streets at approximately the same time the driver of the vehicle on the left shall yield the right of way to the vehicle on the right. C. The right of way rules declared in Subsections A and B are mod- ified at through streets and otherwise as provided in this ordinance. D. The driver of a vehicle approaching or entering an interstate highway shall yield the right of way to the vehicles on the interstate high- way. 12-6-4.2 VEHICLES TURNING LEFT AT INTERSECTION. The driver of a vehicle within an intersection intending to turn to the left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as re- quired by this ordinance, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right of way to the vehicle making the left turn. 12-6-4.3 12-6-4.3 VEHICLE ENTERING STOP OR YIELD INTERSECTION. A. Preferential right of way at an intersection may be indicated by stop signs or yield signs as authorized in this ordinance. B. Except when directed to proceed by a police officer or traffic- control signal , every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by Section 12-6-4.3(D) and after having stopped shall yield the right of way to any vehicle which has entered the intersection from another street or which is approaching so closely on the street as to constitute an immediate hazard during the time when the driver is moving across or within the intersection. C. The driver of a vehicle approaching a yield sign shall , in obe- dience to the sign, slow down to a speed reasonable for the existing conditions, and shall yield the right of way to any vehicle in the intersection or approach- ing on another street so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If the driver is involved in a collision wit►. a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his failure to yield right of way. D. Except when directed to proceed by a police officer or traffic- control signal , every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop completely before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting street before entering the intersection. E. The driver of a vehicle approaching a yield sign, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting street where the driver has a view of approaching traffic on the intersecting street. 12-6-5 TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING. 2-6-5.1 REQUIRED POSITION AND METHOD OF TURNING INTERSECTION. The driver of a vehicle intending to turn at an intersection shall do so as follows: A. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the street. B. At any intersection where traffic is permitted to move in both directions on each street entering the intersection, an approach for a left turn, except where left-turn provisions are made, shall be made in that portion of the right half of the street nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the in- tersection to the right of the center line of the street being entered. Whenever practicable the left turn shall be made in that portion of the inter- section to the left of the center of the intersection. C. Upon a street with two [2] or more lanes for through traffic in each direction, where a center lane has been provided by distinctive pavement markings for the use of vehicles turning left from both directions, no vehicle shall turn left from any other lane. A vehicle shall not be driven in this center lane for the purpose of overtaking or passing another vehicle proceeding in the same direction. Any maneuver other than a left turn from this center lane will be deemed a violation of this section. 12-6-5.2 D. At any intersection where traffic is restricted to one [1] di- rection on one [1] or more of the streets, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully availahle to traffic moving in such direction upon the street being entered. 12-6-5.2 AUTHORITY TO PLACE DEVICES ALTERING NORMAL COURSE FOR TURNS. The administrator may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in Section 12-6-5.1 be traveled by vehicles turning at an intersection, and when markers, buttons or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by the markers, buttons or signs. 12-6-5.3 AUTHORITY TO PLACE RESTRICTED TURN SIGNS. A. The administrator may determine those intersections at which drivers of vehicles shall not make a right, left or U-turn and shall place proper signs at the intersections. B. The making of the turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when the turns are per- mitted. 12-6-5.4 OBEDIENCE TO NO-TURN SIGNS. Whenever authorized signs are erec- ted indicating that no right or left or U-turn is permitted, no driver of a vehicle shall disobey the directions of the sign. 12-6-5.5 LIMITATIONS ON TURNING AROUND. The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless the movement can be made in safety and without interfering with other traffic. 12-6-5.6 TURNING ON CURVE OR CREST OF GRADE PROHIBITED. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within one thousand feet. 12-6-5.7 STARTING PARKED VEHICLE. . A. No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. B. No person shah move any parked vehicle without giving aodro- priate signals as prescribed .in Sections 12-6-5.8 through 12-6-5.10. .2-6-5.8 TURNING AND STOPPING MOVEMENTS AND REQUIRED SIGNALS. A. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the street as required in Section 12-6-5.1 or turn a vehicle to enter a private road or driveway or otherwise turn a ve- hicle from a direct course or move right or left upon a street unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement. B. A signal of intention to turn right or left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning. C. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediatelv *n the rear when there is opportunity to give such signal . . , D. The signals provided for in this section shall be used to in- dicate an intention to turn, change lanes or start from a parked position and shall not be flashed on one side only on a parked or disabled car or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear. 12-6-5.9 SIGNALS BY HAND AND ARM OR SIGNAL DEVICE. A. Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device except as otherwise provided in Subsection Q. B. Any motor vehicle in use on a street shall be equipped with, and required signal shall be given by, a signal lamp or lamps or mechanical signal device when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle .. exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. They latter measurement shall apply to any single vehicle, also to any -combination of vehicles. 12-6-5.10 METHOD .OF GIVING HAND AND ARM SIGNALS. All signals herein re- quired given by hand and arm shall be given from the left side of the vehicle in the following manner and such signal shall indicate as follows: (1 ) left turn: hand and arm extended horizontally; (2) right turn: hand and arm extended upward; and (3) stop or decrease speed: hand and arm extended downward. 12-10.1 .44 SPECIAL RESTRICTIONS ON LAX.PS . A. Lighted lamps or illuminating devices upon a motor vehicle other than headlamps, spot lamps, auxiliary lamps , flashing turn signals, emergency vehicle warning lamps and school bus warning lamps, which project a beam of ' light of an intensity greater than three hundred candle power shall be directed so that no part of the high-intensity portion of the beam strikes the level j of the street on which the vehicle stands at a distance of more than seventy- five feet from the vehicle. i B. No person shall drive or move, upon any street, any vehicle or equipment with a lamp or device thereon displaying a red light visible from directly in front of the center of the vehicle or equipment. This section does not apply to any vehicle upon which a red light visible from the front is expressly authorized or required by the New Mexico Motor Vehicle Code. C. Flashing lights are prohibited except as provided in Subsection D of this section and except on authorized emergency vehicles, school buses, snow-removal equipment and highway-marking equipment. Flashing red lights may be used as warning lights on disabled or parked vehicles and on any vehicle as a means of indicating a turn. D. Tow cars standing on streets for the purpose of removing, and actually engaged in removing, disabled vehicles, and while engaged in towing any disabled vehicle, may display flashing lights. This shall not be construed as permitting the use of flashing lights by tow cars in going to or returning from the location of disabled vehicles unless actually engaged in towing a disabled vehicle. E. Only fire department vehicles, law enforcement agency vehicles, ambulances and school buses shall display flashing red lights visible from the front of the vehicle. All other vehicles authorized by the New Mexico Motor Vehicle Code to display flashing lights visible from the front of the vehicle may use any other color of light that is visible. 12-10-1 .45 LIGHTS ON SNOW REMOVAL EQUIPMENT. It shall be unlawful tc op- erate any snow removal equipment on any street unless the lamps thereon comply with and are lighted when and as required by the standards and specifications adopted by the State Highway Commission as provided in Section 64-3-836 NMSA 1953. 12-10-1 .46 MEANING OF THE TERM "MOTOR VEHICLE" AS USED IN SECTIONS 12-10-1 .47 THROUGH 12-10-1 .51 OF THIS ORDINA'!CE—UNATTENDED VEHICLES. A. For the purposes of Sections 12-10-1 .47 through 12-10-1 .51 of this ordinance "motor vehicle" means every bus, truck, truck tractor, road tractor, and every driven vehicle in driveaway-towaway operations , required by Section 12-10-2 of this ordinance to have emergency equipment thereon. B. No motor vehicle shall be left unattended until the parking brake has been securely set. All reasonable precautions shall be taken to prevent the movement of any vehicle left unattended. 12-6_-6 STOPPING, STANDING AND PARKING. ' 12-_6-6.1� _STO_f'PING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES. No person shall stop, scan or park a vehicle, excepf when nec- essary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the fol - lowing places: x (1 ) on a sidewalk; (2) in front of a public or private driveway; (3) within an intersection; (4) within fifteen feet of a fire hydrant; (5) on a crosswalk; (6) within twenty feet of a crosswalk at an intersection; (a) within thirty feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a street; (8) between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the end of a safety zone, unless the traffic authority indicates a different length by signs or markings; (9) within fifty feet of the nearest. rail of a railroad crossing; (10) within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance, when properly signpos ted; (11 ) alongside or opposite any excavation or obstruction when stopping, standing or parking would obstruct traffic; (12) on the street side of any vehicle stopped or parked at the edge or curb of a street; (13) upon any bridge or other elevated structure upon a street or within a street tunnel ; (14) a'%. any place where official signs prohibit stopping or (15) on any railroad track. B. No person shall move a vehicle not lawfully under his control into anv such ornhi hi ted area or away from a curb such distance as is unlawful . C. The foregoing provisions may be modified by the administrator or his designated representative upon the basis of an engineering and traffic investigation study by the use of appropriate markings, signs or parking me- ters. 12-6-6.2 ADDITIONAL PARKING REGULATIONS. A. Except as otherwise provided in this ordinance every vehicle stopped or parked upon a street where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen inches of the right-hand curb. t B. Except when otherwise provided in znis ordinance, every vehicle stopped or parked on a one-way .street shall be so stopped or parked parallel to the curb or edge of the street with its right-hand wheels within 18 inches of the right-hand curb or edge of the street or its left-hand wheels within 18 inches t.f the left-hand curb or edge of the street. 12-6-6.3 STOPPED OR PARKED VEHICLES NOT TO INTERFERE WITH OTHER TRAFFIC ._ flo rriotor vehicle shall be stopped, parkaa, or left sty riding, whether attended or unattended, upon the traveled portion of any street outside of a business or residence district, when it is practicable to stop, park, or leave such vehicle off the traveled portion of the street. In the event that conditions make it impracticable to move such motor vehicle from the traveled portion of the street, the driver- shall make every effort to leave all possible width of the highway opposite the standing vehicle for the free passage of other vehicles and he shall take care to provide a clear view of the standing vehicle as far as possible to the front and rear. 12-6-6.4 PARKING IN ALLEYS. No person shall park a vehicle within an alley in such a manner or under• such conditions as to leave available less than 10 feet of the width of the alley for the free movement of vehicular traf- fic, and no person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property. 12-6-6.5 ALL-NIGHT PARKING PROHIBITED. No person shall park a vehicle on any street in a non-residential area for a period of time longer than 30 minutes between the hours of 2:00 a.m. and 5:00 a.m. of any day, except phy- sicians on emergency calls. 12-6-6.6 PARKING FOR CERTAIN PURPOSES PROHIBITED. No person shall park a vehicle on any street for the principal purpose of: (1 ) displaying the vehicle for sale; or (2) washing, greasing or repairing the vehicle except repairs necessitated by an emergency. { 12-6-6.7 PARKING ADJACENT TO SCHOOLS PROHIBITED. A. The administrator may erect signs indicating no parking on either or both sides of any street adjacent to any school property when parking would, in his opinion, interfere with traffic or create a hazardous situation. B. When official signs are erected indicating no parking on either side of a street adjacent to any school property as authorized in this section, no person shall park a vehicle in any such designated place. 12-6-6.8 PARKING PROHIBITED ON NARROW STREETS. A. The administrator may erect signs indicating no parking on any street when the width of the street does not exceed 24 feet or no parking upon one side of a street as indicated by such signs when the width of the street does not exceed 32 feet. B. When official signs prohibiting Narking are erected on narrow streets as authorized in this section, no person shall park a vehicle on any such street in violation of the sign. 12-6-F.9 STANDING OR PARKING ON ONE-WAY STREETS. A. The administrator may erect signs on the left-hand side of any one-way street to prohibit the standin- or parking of vehicles. B. When such signs are in place, no person shall stand or park a vehicle on such left-hand side in violation of any such sign. 12-6-6. 10 STANDING OR PARKING ON DIVIDED_ STREETS._ A. �In the event a divided -street includes twc or more segments for vehicular traffic, and traffic is restricted to one direction on any such segment, no person shall stand or park a vehicle on the left-hand side of the one-way segment unless signs are erected to permit such standing or parking . B. The administrator may determine where standing or parking may be permitted on the left-hand side of any such one-wav portion of a divided street and to erect signs giving notice thereof. 12-6-6. 11 NO STOPPING, STANDING OR PARKING NEAR HAZARDOUS OR CONGESTED PLACES. A. The administrator may determine and designate by proper signs, places at intervals not exceeding 100 feet in length in which the stopping , standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic. B. When official signs are erected at hazardous or congested places as authorized in paragraph A, no person shall stop, stand or park a vehicle in any such designated place. 12-6-6. 12 STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS. A. The provisions of this section prohibiting the standing or park- ing of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of. a police officer or official traffic-control device. B. The provisions of this section imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive J provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. C. The administrator may impose restrictions or prohibitions on standing, stopping or parking and they shall apply as follows: "'l ) when signs are erected prohibiting parking at all times on certain streets, no person shall park a vehicle at any time upon any of the s treecs so designated; (2) when signs are erected in each block giving notice that stopping, standing or parking is prohibited during certain hours on certain streets, no person shall stop, stand or park a vehicle between the hours spec- ified on the sign on any day, except Sundays and public holidays, within the district or on any of the streets so designated; or (3) when signs are erected in each block giving notice that parking time is limited on certain streets, no person shall park a vehicle for longer than the time indicated on such signs between the hours of 8:00 a.m. and 6:00 p.m. of any day, except Sundays and public holidays, within the district or on any of the streets so designated. D. Whenever by this or any other ordinance of this municipality, any parking time limit is imposed or parking is prohibited on designated streets, it is the duty of the administrator to erect appropriate signs giving notice of the restrictions or limitations. E. No regulation authorized in this section shall be effective unless signs giving notice of prohibitions or limitations are ?rested and in place at the time of any alleged offense, L� 12-6-6.13 A14GLE P_ARK_ING AND PERMIT!' FOR LOADING OR UNLOADING AT AN A14GLE . TO THE CURB. _ `._.._ A. T Fie a m�n strator may determine upon what streets angle parking is permitted and shall mark or sign such streets: (1 ) any designation of angle parking shall be made on the basis of engineering and traffic study and investigation; (2) the administrator may permit angle parking on any street, excep_ that angle parking shall not be permitted on any federal-aid or state highway unless the state highway commission has determined by resolution or ordered entered in its minutes that the street is of sufficient width to permit angle parking without interfering with the free movement of traffic; (3) angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive on the left side of the street; and (4) on those streets which have been signed or marked by the administrator for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the street indicated by signs or mark- ings. B. The administrator may issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials subject to the terms and conditions of the permit: (1 ) the permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to the permit holder the privilege stated in the permit and authorized in this ordinance; and (2) no permittee or other person shall violate any of the spe- cial terms or conditions of a permit. f 12-6-6.14 STOPPING, STANDING OR PARKING OUTSIDE OF BUSINESSIOR RESIDENCE �+ DISTRICTS. A. Upon any street outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the street when it is practicable to stop, park, or leave such vehicle off such part of ,said street, but in every event an unobstructed width of the street opposite. a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of two hundred feet in each direction upon such street. B. This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a street in such manner and-to such extent that it is impossible to avoid stopping and tempo- rarily leaving such disabled vehicle in such position. i 12-6-7 SPEC-IAL STOPS REQUIRED. LiUKING_.f ROM ALLEY, BUILDING, DRI`'EHAY OR PRIVATE_ROAD. A. The driver of a vehicle within a business or residence district emerging from an alley, driveway, or building shall stop such vehicle innedi- ately prior to driving onto a sidewalk or the sidewalk area extending across any alleyway or driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and upon entering the street shall yield the right of way to all vehicles approaching on said street. B. The driver of a vehicle about to enter or cross a street from a private road or driveway shall yield the right of way to all vehicles approach- ing on said street. 12-6-7.2 STOP WHEN TRAFFIC OBSTRUCTED. No driver shall enter an inter- section or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstand- ign any traffic-control signal indication to proceed. 12-6-7.3 STOPPING FOR SCHOOL BUS. A. The driver of a vehicle upon approaching or overtaking from either direction any school bus which has stopped on the street, with special school bus signals in operation, for the purpose of receiving or discharging any school children, shall stop the vehicle at least ten feet before reaching the school bus and shall not proceed until the special school bus signals are turned off, the school bus resumes motion or until signaled by the driver to proceed. ( B. Every bus used for the transportation of school children shall bear upon the front and rear thereof a plainly visible sign containing the words "School Bus" in letters not less than eight inches in height. C. The driver of a vehicle upon a street with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled-access street and the school bus is stopped in a loading zone which is a part of or adjacent to such street and where pe- destrians are not permitted to cross the roadway. D. It is unlawful to operate any flashing warning signal light on any school bus on any street except %-,hen the school bus is stopped or is about to stop on a street for the purpose of permitting school childred to board or alight from the school bus. 12-6-7.4 OPERATION OF VEHICLE ON APPROACH OF AUTHORIZED EMERGENCY VEHICLE. A. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle other than a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, ex- haust whistle, or bell , the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the street clear of any inter- section and shall stop and remain in such position, until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. B. This section shall not operate to relieve the driver of an au- thorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. 12-_6_-7. 5 OHFDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN. A. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when: (1 ) a clearly visible electric or mechanical signal device gives warning of the immediate approach of railroad train; (2) a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train; (3) a railroad train approaching within approximately one thou- sand five hundred feet of the street crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or (4) an approaching railroad train is plainly visible and is in hazardous proximity to such crossing. B. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. 12-6-7.6 ALL VEHICLES MUST STOP AT CERTAIN RAILROAD GRADE CROSSINGS. The administrator, with the approval of the state highway commission, may des- ignate particularly dangerous highway grade crossings of railroads and erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within fifty feet but not less than fifteen feet from the nearest rail of such railroad and shall proceed only upon exercising due care. 12-6-7.7 CERTAIN VEHICLES MUST STOP AT RAILROAD GRADE CROSSINGS-- EXCEPTIONS. A. The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying any school child, or of any vehicles carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade of any track or tracks of a railroad, shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as hereinafter provided, and shall not proceed until he can do so safely. After stopping as required herein and upon proceeding when it is safe to do so the driver of any said vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing and the driver shall not shift gears while crossing the track or tracks. B. No stop need be made at any crossing where a police officer or a traffic-control signal directs traffic to proceed. C. No stop need be made at: (1 ) a streetcar crossing, or railroad crossing used exclusively for industrial switching purposes within a business district as defined in Section 12-1-7; (2) a railroad grade crossing where a stop-and-go traffic light controls movement of traffic; (3) an abandoned railroad grade crossing which is marked with a sign indicating that the railroad is abandoned; or (4) an industrial or spur line railroad crossing marked with a sign reading "exempt crossing" . Such "exempt crossing" signs shall be erected only by or with the consent of the administrator. 12-6-7.8 MOVING HEAVY EQUIPMENT AT RAILROAD GRADE CROSSINGS. A. No person shall operate or move any crawler-type tractor, steam shovel , derrick, roller, or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one-half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a street, upon or across any tracks at a railroad grade crossing without first complying with this section. B. Notice of any such intended crossing shall be given to a station agent of such railroad and a reasonable time be given to such railroad to pro- vide proper protection at such crossing. C. Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen feet nor more than fifty feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train, and shall not proceed until the crossing can be made safely. D. No such crossing shall be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car. If a flagman is provided by the railroad, movement over the crossing shall be under his direction. E. This section shall not apply to the normal movement of farm equipment in the regular course of farm operation. i 12-6-8 PASSENGER AND FREIGHT CURB LOADING ZONES. 12-6-8. 1 AUTHORITY TO DESIGNATE CURB LOADING ZONES. The administrator may determine the location of passenger and freight curb loading zones, and he shall place and maintain appropriate signs indicating the zones and stating the hours during which the provisions of sections 12-6-8.1 through 12-6-8.4 are applicable. 12-6-8.2 PERMITS FOR CURB LOADING ZONES. A. The administrator shall not esignate or sign any curb loading zone upon special request of any person unless the person makes application for a permit for the zone and for two signs to indicate the ends of each zone. B. After the administrator has granted a permit and before signs and markings as may be necessary are installed, the applicant shall pay to the city treasurer a service fee of $25 per 22-foot stall plus 25 cents per foot for additional space per year or fraction thereof. C. The administrator may impose conditions and general regulations for the use of the signs and for reimbursement of the city for the value thereof in the event of loss or damage and their return in the event of misuse or upon expiration of permit. D. Every permit shall expire at the end of each calendar year. 12-6-8.3 S-iOPPIN_G, STANDING OR PARKING IN PASSENGER CURB LOADING ZU;"ES. NO person hill stop, stand or park a veni"cle for any purpose Vor period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when the regulations applicable to the curb loading zone are effective and then only for a period not to exceed three minutes. 12-6-8.4 STOPPING, STANDING OR PARKING IN FREIGHT CURB LOADING ZONE. A. No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pick-up and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to freight curb loading zones are in effect. In no case shall the stop for loading and unloading of materials exceed 30 minutes. B. The driver of a passenger vehicle may stop temporarily at a place marked as a freight curb loading zone for the purpose of and while ac- tually engaged in loading or unloading passengers, when such stopping does not interfere with any motor vehicle used for the transportation of materials which is waiting to enter or about to enter the zone. 12-6-9 PUBLIC CARRIER STOPS AND STANDS. 12-6-9.1 . AUTHORITY TO DESIGNATE PUBLIC CARRIER STOPS AND STANDS. A. The administrator may establish bus stops, bus stands, taxicab stands and stands for other passenger common-carrier motor vehicles on such public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public. B. Every designated bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate signs. 1 12-6-9.2 FEES AND PERMITS FOR PUBLIC CARRIER STOPS AND STANDS. The fol- lowing fees shall be charged to each person, firm or corporation for the use of taxicab stands, and permits for the stands shall expire at the end of each calendar year: (1 ) $100.00 per year or fraction thereof for each stand located within the central business district; and (2) $25.00 per year or fraction thereof for each stall located in any area outside the central business district. 12-6-9.3 STOPPING, STANDING AND PARKING OF BUSES AND TAXICABS REGULATED. The stopping, standing and parking of buses and taxicabs is regulated as follows: A. The operator of a bus shall not stand or park the vehicle on any street at any place other than a bus stand so designated as provided in this ordinance. B. The operator of a bus shall not stop the vehicle on any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone so designated as provided herein, except in cases of emergency. C. The operator of a bus shall enter a bus stop, bus stand or pas- senger loading zone on a public street in such a manner that- the bus when stopped to load or unload passengers or baggage shall be in a position with tI , 1 ;ght front wheel of the vehicle not farther than 18 inches from the curb anu bus approximately parallel to the curb so as not to unduly impede the movement of other vehicular traffic. I 1 12-6.9.4 D. The operator of a taxicab shall not stand or park the vehicle upon any street at any place other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regu- lations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers. 12-6-9.4 RESTRICTED USE OF BUS AND TAXICAB STANDS. A. No person shall stop, stand or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed. B. However, the driver of a passenger vehicle may temporarily stop in a bus stop or taxicab stand for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone. 12-6-10 SCHOOL CROSSINGS. A. Crosswalks may be established over streets abutting a school or the grounds adjacent thereto, and all children crossing the streets shall be required to do so within the marked crosswalks.. The administrator, with advice of the local superintendent of schools , shall establish and mark, or cause to be marked, these street crossings. B. Crosswalks over streets not abutting on school grounds may be established by the administrator, with advice of the local superintendent of schools and after adequate assurance has been given that proper safety precau- tions, pursuant to regulations of the administrator, will be maintained at the crossings by the school authorities to enforce their use by children. ( C. At all school crossings except as provided in this section, appropriate signs shall be provided as prescribed by the administrator, indi- cating the crossings and regulating traffic movement within the school Zones. D. School crossings are not required to be specially posted when they are located: (1 ) at a signalized intersection; (2) at an intersection where traffic is controlled by a stop sign; or (3) at a point where a pedestrian tunnel or overhead crossing is provided. 2-0-11 12-6-11 _ EXCESSIVE SIZE AND WEIGHT, SLOW-MOVING AND HAZARDOUS VEHICLES. 12-6-1 RM 1 . 1 PEIT FOR MOVING Ekf_rg5F SIZE AND WEIGHT VEHICLES, _.— A. The administrator may, at his discretion, upon app ication in writing and good cause being shown, issue a special permit in writing author- izing the applicant to operate or move a vehicle or load of a size or weight exceedingthe maximum specified in Sections -7-401 through 66-7-4 6 N S P 66 9 1 NM SA 1578 on any street under his jurisdiction. Except for the movement of mobile homes, a permit may be granted, in cases of emergency, for the transportation of loads on a certain unit or combination of equipment for a specified period of time not to exceed one year, and the permit shall contain the route or routes to be traversed, the type of load or loads to be transported and any other restrictions or conditions deemed necessary by the administrator. In every other case, the permit shall be issued for a single trip and may designate the route to be traversed and contain any other restrictions or conditions deemed necessary by the body granting the permit. Every permit shall be carried in the vehicle to which it refers and shall be opened for inspection by any police officer. B. If the vehicle for which a permit is issued under this section is a mobile home, the administrator shall furnish the following information to the New Mexico property tax division: (1 ) the date the permit was issued; 2 the location being moved from; (3) the location being moved to; (4) the name of the owner of the mobile home; and (5) the identification and registration numbers of the mobile home. C. Except as provided in Subsection D of this section, if the move- ment of a mobile home originates in the state, no permit shall be issued under Subsection B of this section until the owner of the mobile home or his autho- rized agent obtains and presents to the administrator proof that a certificate has been issued by the county assessor or treasurer of the county in which the mobile home movement originates showing that either: (1) all property taxes due or to become due on the mobile home for the current tax year or any past tax years ;rave been paid; or (2) no liability for property taxes on the mobile home exists for the current tax year or any past tax years. D. The movement of a mobile home from the lot or business location of a mobile home dealer to its destination designated by an owner-purchaser is not subject to the requirements of Subsection C of this section if the mobile home movement originates from the lot or business location of the dealer and was part of his inventory prior to the sale to the owner-purchaser; however, the movement of a mobile home by a dealer or his authorized agent as a result of a sale or trade-in from a non-dealer owner is subject to the requirements of Subsection C of this section whether the destination is the business location of a dealer or some other destination. r 12-10-1 .21 COLOR, OF CLEARANCE LAMPS, SIDc-MARKER LA14PS AND REFLECTORS. � 1 Every bus or truck ci ghty inches or more in -per-a l l width shal l he equipped as follows: (1 ) on the front: two headlamps; two amber clearance lamps , i one at each side; (2) on the rear: one red tail lamp; one red or amber stop lamp; two red clearance lamps, one at each side; two red reflectors, one at each side; (3) all lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber or yellow, and except that the light illuminating the license plate shall be white and the light emitted ' by a back-up lamp shall be white or amber; and (4) on each side: one amber side-marker lamp, located at or near the front; one red side-marker lamp, located at or near the rear; one amber reflector, located at or near the front; one red reflector, located at or near the rear. 12-10-1 .22 LAMPS AND REFLECTORS--TRUCK TRACTORS AND ROAD TRACTORS. Every truck tractor and road tractor shall be equippedas fol ows: (1) on the front: two headlamps; two amber clearance lamps, one at each side; and (2) on the rear: one red tail lamp; one red or amber stop lamp. 12-10-1 .23 LAMPS AND REFLECTORS--LARGE SEMI-TRAILERS, FULL TRAILERS AND HOUSE TRAILERS. A. Every semi-trailer, full trailer or house trailer eighty inches or more in over-all width shall be equipped as follows: (1 ) on the front: two amber clearance lamps, one at each side; (2) on the rear: one red tail lamp; one red or amber stop lamp; two red clearance lamps, one at each side; two red reflectors, one at each side; and (3) on each side: one amber side-marker lamp,- located at or near the front; one red side-marker lamp, located at or near the rear; one amber reflector, located at or near the front; one red reflector, located at or near the rear. B. Side-marker lamps may be in combination with clearance lamps and may use the same light source. 12-10-1 .24 LAMPS AND REFLECTORS--SMALL SEMI-TRAILERS, HOUSE TRAILERS AND TRAILERS. Every semi-trailer, house trailer or trailer less than eighty inches in over-all width shall be equipped as follows: on the rear--one red tail lamp; two red reflectors, one at each side; one red or amber stop lamp, if the semi-trailer, house trailer or trailer obscures the stop lamp on the towing vehicle. - D. Any riotor vehicle may be equipped with ►►ot to exceed one mix- il iary driving lamp mounted on the front at a height not less thar, sixteen inches nor more than forty-two inches above the level -surface upon which the vehicle stands. Any lighted auxiliary driving lamp shall be turned off at least five hundred feet from approaching motor vehicles. The provisions of Section 12-10-1 .39 of this ordinance shall apply to any combination of headlamps and auxiliary driving lamp. --' 12-10-1 . 38 ADDITIONAL LIGHTING EQUIPMENT. A. Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare. B. Any motor vehicle may be equipped with not more than one running- board courtesy lamp on each side thereof which shall emit a white or amber light without glare. C. Any motor vehicle may be equipped with not more than two back-up lamps either separately or in combination with other lamps, but any. such back-up lamp shall not be lighted when the motor vehicle is in forward motion. 12-10-1 .39 MULTIPLE BEAM ROAD LIGHTING EQUIPMENT. Except as hereinafter provided, the headlamps or the auxi iary driving amps -or the auxiliary passing lamp, or combinations thereof, on motor vehicles shall be so arranged that the driver may select at will between distributions of light projected to dif- ferent elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations: A. There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty feet ahead for all conditions of load- ing. B. There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver. C. Every new motor vehicle registered in this state after July 1 , 1953, which has multiple beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the headlamps is in use, and shall not otherwise be lighted. The indicator shall be, so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. 12-10-1 .40 USE Ur t1U1_TIPI__E F,Efitl RG.4D LIGHTING EQUIPMENT. 41;henever a motor vehicle is being uperati�d on a st:-eet or s�ioulder adjacent thereto during the times specified in Section 12-10-1 . 3 of this ordinance, the driver shall use a distribution of light, or composite beam, directed high enough and of suf- ficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: A. Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver. B. The lowermost distribution of light specified in Section 12-10-1 .39B of this ordinance shall be deemed to avoid glare at all times, regardless of road contour and loading. C. Whenever the driver of a vehicle overtakes another vehicle pro- ceeding in the same direction and within two hundred feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected through the rear window of the overtaken vehicle. 12-10-1 .41 SINGLE BEAM ROAD LIGHTING EQUIPMENT. Headlamps arranged to provide a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to July 1 , 1953, in lieu of multiple beam road lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations: A. The headlamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of twenty-five feet ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher 1 than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead. B. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred feet. 12-10-1 .42 ALTERNATE ROAD LIGHTING EQUIPMENT. Any motor vehicle may be operated under the conditions specified in Section 12-10-1 .3 of this ordinance when equipped with the two lighted lamps upon the front thereof capable of revealing persons and objects seventy-five feet ahead in lieu of lamps required in Sections 12-10-1.39 or 12-10-1 .41 of this ordinance; provided, however, that at no time shall it be operated at a speed in excess of twenty miles an hour. 12-10-1 .43 NUMBER OF DRIVING LAMPS REQUIRED OR PERMITTED. A. At all times specified in Section 12-10-1 .3 of this ordinance, at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a motorcycle or motor-driven cycle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles. B. Whenever a motor vehicle equipped with headlamps as herein re- quired is also equipped with any auxiliary lamp or spot lamps or 'any other lamp on the front thereof projecting a beam of intensity greater than three hundred candle power, not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a street. 12-10-1 . 33 REOU I REMENTS FOR CLEARANCE, S I DE-MARKER AND OTHER LAFOPS. A. Except for temporary side-marker and clearance lamps onlmuLur s vehicles, as enumerated in Section 64-3-808 NMSA 1953; being transported in 'riveaway-towaway operations, temporary electric lamps on projecting loads, ' dnd temporary marker lamps on pole trailers, all lamps shall be permanently and securely mounted in workmanlike manner on a permanent part of the motor vehicle. All clearance lamps and side-marker lamps must be firmly attached. B. Clearance, side-marker, tail and projecting load-marker lamps shall be so mounted as to be capable of being seen from a distance of at least five hundred feet under clear atmospheric conditions during the time lamps j are required to be lighted. The light from front clearance lamps shall be I visible to the front and that from side-marker lamps to the side, that from rear clearance and tail lamps to the rear. This section shall not be construed r to apply to lamps which are obscured by another unit of a combination of ve- hicles. C. Clearance, side-marker, tail and projecting-load marker lamps shall be constructed and installed so as to provide an adequate and reliable warning signal . f 12-10-1 .34 OBSTRUCTED LIGHTS NOT REQUIRED. Whenever motor and other ve- hicles are operated in combination during the time that lights are required, any lamp, except tail lamps, need not be lighted which, by reason of its lo- cation on a vehicle of the combination, would be obscured by another vehicle of the combination; but, this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rear- most vehicle of any combination shall be lighted. 12-10-1 .35 LAMPS ON PARKED VEHICLES. A. Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half-hour after sunset and half-hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of five hundred feet upon such street or highway no lights need be displayed upon such parked vehicle. B. Whenever a vehicle is parked or stepped upon a roadway or shoul- der adjacent thereto, whether attended or unattenued, during the hours between a half-hour after sunset and a half-hour before sunrise and there is not suf- ficient light to reveal any person or object within a distance of five hundred feet upon such highway, such vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements: at least one lamp shall display a white or amber light visible from a distance of five hundred feet to the front of the vehicle, and same lamp or at least one other lamp shall display a red light visible from a distance of five hundred feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle. C. Any lighted headlamps upon a parked vehicle shall be depressed or dimmed. 12-10-1 . 36 LI,�;PS ON GTHER VEHIC( ES AND COW PMENT. A. All vehicles , including anirial -drawn vehicles , not specifically { required by the provisions of this ordinance to be equipped with lamps, shall at the times specified in 12-10-1 . 3 of this ordinance hereof be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a distance of five hundred feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred feet to the rear. B. Every farm tractor not equipped with an electric lighting system shall at all times mentioned in Section 12-10-1 .3 of this ordinance be equipped with lamps or lanterns meeting the requirements of Subsection A above. Every farm tractor equipped with an electric lighting system shall at all times men- tioned in Section 12-10-1 . 3 of this ordinance display a red tail lamp and either multiple-beam or single-beam headlamps meeting the requirements of Sections 12-10-1 . 7, 12-10-1 .39 and 12-10-1 .41 of this ordinance. C. All combinations of tractors and towed farm equipment shall , in addition to the lighting equipment required by Subsection B above, be equipped with a lamp or lamps displaying a white or amber light visible from a distance of five hundred feet to the front and red light visible from a dis- tance of five hundred feet to the rear, and said lamp or lamps shall be installed or capable of being positioned so that visibility from the rear is not obstructed by the towed equipment and so as to indicate the furthest pro- jection of said towed equipment on the side of the road used by other vehicles in passing such combinations. And further, all such towed farm equipment shall be equipped either with two tail lamps displaying a red light visible from a distance of five hundred feet to the rear or two red reflectors visible from a distance of fifty to five hundred feet to the rear when illuminated by the upper beam of headlamps, and the location of such lamps or reflectors shall be such as to indicate as nearly as practicable the extreme left and right rear projections of said towed equipment on the street. 12-10-1 .37 SPOT LAMPS AND AUXILIARY LAMPS. A. Any motor vehicle may be equipped with not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more thatl one hundred feet ahead of the vehicle; provided, however, that lighted spot lamps shall be turned off at least five hundred feet from approaching motor vehicles . B. Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than twelve inches nor more than thirty inches above the level surface upon which the vehicle stands and so aimed, when the vehicle is not •I oaded, that none of the high-intensity por- tion of the light to the left of the center of the vehicle shall , at a distance of twenty-five feet ahead, project higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower headlamp beams as spec- ified in Section 12-10-1 .39B of this ordinance. C. Any motor vehicle may be equipped with not to exceed one aux- iliary passing lamp mounted on the front at a height not less than twenty-four inches nor more than forty-two inches above the level surface upon which the vehicle stands. The provisions of Section 12-10-1 .39 of this ordinance shall apply to any combination of headlamps and auxiliary passing lamps . 12-10-1 .25 Lh'IjPS_ AND REFLECTORS--POLL TRAILLRS. Every pole trailer be equipped as follows: (1 ) on the rear: one red tail lamp, two red reflectors , one at each side, placed to indicate extreme width of the pole trailer; and (2) on each side, on the rearmost support for the load: one combination marker lamp showing amber to the front and red to the side and rear, mounted to indicate the maximum width of the pole trailer; and red re- flector, located at or near the rear; and on pole trailers thirty feet or more in over-ail length, an amber marker lamp on each side near the center. 12-10-1 .26 LAMPS AND REFLECTORS--COMBINATIONS IN DRIVEAWAY-TOWAWAY OPERATIONS. Combinations of motor vehicles, as enumerated in Section 12-10-1 . 19 of this ordinance, engaged in driveaway-towaway operations shall be equipped as follows: A. On the towing vehicle; (1 ) on th!a front, two head lamps and two amber clearance lamps, one at each side; (2) on each side and near the front, one amber side-marker lamp; (3) on the rear, one red tail lamp; one red or amber stop lamp; and (4) provided, however, that vehicles of less than eighty inches in width shall be equipped as provided in Section 12-10-1 .20 of this ordinance. B. On the towed vehicle of a tow-bar combination, the towed vehicle of a single saddle-mount combination and on the rearmost towed vehicle of a double saddle-mount combination: ( (1 ) on each side, and near the rear,, one red side-marker lamp; and (2) on the rear, one red tail lamp; two red clearance lamps, one at each side; one red or amber stop lamp; two red reflectors , one at each side. C. On the first saddle-mount of a double saddle-mount combination: on each side, and near the rear, one amber side-marker larip. D. Combinations of vehicles less than eighty inches in width in driveaway-towaway operations shall carry lamp and reflectors as required in Section 12-10-1 .20 of this ordinance. - 12-10-1.27 MOUNTING OF REFLECTORS, CLEARANCE LAMPS AND SIDE-MARKER LAMPS. A. Reflectors required by Sections 12-10-1 .20 and 12-10-1 . 21 of this ordinance shall be mounted upon the motor vehicle at a height of not less than twenty-four inches nor more than sixty inches above the ground on which the motor vehicle stands, except that reflectors shall be mounted as high as practicable on motor vehicles which are so constructed as to make compliance with the twenty-four-inch requirements impractical . They shall be so installed as to perform their function adequately and reliably and, except for temporary reflectors required for vehicles in dri veaway-towaway operations , all reflectors shall be permanently and securely mounted in workmanlike manner so as to provide the maximum of stability, and the minimum likelihood of damage. Required re- flectors otherwise properly mounted may be securely installed on flexible strapping or belting provided that under conditions of normal operation they reflect light in the required directions. Required temporary reflectors mounted on motor vehicles during the time they are in transit in any driveaway-towaway operation must be firmly attached. i E. No permit or fee required under this section is necessary for implements of husbandry, including farm tractors, being moved during daylight hours within a county or an adjacent county for a total distance, one way, of not more than fifty miles on any highway: (1 ) crossing the farm property of the owner; or (2) running between separate farm property of the owner. Any person responsible for the movement of implements of husbandry under the provisions of this section shall comply with all safety precautions set- forth in this ordinance and in regulations of the state highway commission. 12-6-11 .2 SLOW-MOVING VEHICLE IDENTIFICATION. A. As used in this section, "slow-moving vehicle" means any vehicle which is ordinarily moved, operated or driven at a speed less than twenty-five miles an hour. B. Each slow-moving vehicle moved, operated or driven on a highway which is open for vehicular travel shall display a slow-movin4 vehicle emblem or flashing amber light C. Use of the emblem is contined to slow-moving vehicles, and its use on any other type of vehicle or on any stationary object is prohibited. This section does not prohibit the use on slow-moving vehicles of red flags or lawful lighting devices in addition to the slow-moving vehicle emblem. D. No person shall sell , lease, rent or operate any slow-moving vehicle unless the slow-moving vehicle is equipped with a slow-moving vehicle emblem. 12-6-11 .3 ESCORT TO BE FURNISHED FOR MOVEMENT OF HAZARDOUS VEHICLES. A. When, in the judgment of the administrator, the movement of any vehicle is deemed a hazard to traffic upon a street over which the vehicle is to travel , the granting of permission for the movement thereof may be con- ditioned upon a special escort accompanying the hazardous vehicle. B. The special police car escort to safeguard traffic during the movement of the hazardous vehicle shall conform to the provisions of Section 64-7-314 NMSA 1953. 12-6-12 DRIVING REGULATIONS AND OFFENSES. 12-6-12.1 PERSONS UNDER THE INFLUENCE OF INTOXICATING LIQUOR. A. It is un a ul for any person who is under the influence of intoxicating liquor to drive or be in actual Dhvsica'I control of any vehicle within this municipality. _--, B. Any person who operates a motor vehicle within this municipality shall be deemed to have given consent, subject to the provisions of the Implied Consent Act, to a chemical test or tests of his breath or blood for the purpose of determining the alcoholic content of his blood, if arrested for any offense arising out of the acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle while under the in- fluence of an intoxicating liquor. C. A breath test shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this mu- nicipality, while under the influence of intoxicating liquor. If the person comes under the provisions of Section 12-6-12. 1 (D) the law enforcement officer may designate the test or tests to be given. D. Any person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal , shall be deemed not to have withdrawn the consent provided by Section 12-6-12.1 (B), and the test or tests designated by the law enforcement officer may be administered. E. Only the persons authorized by Section 66-8- 103 NMSA 1978 shall withdraw blood from any person for the purpose of determining its alcoholic content. This limitation does not apply to the taking of samples of breath. F. The person tested shall be given an opportunity to arrange for a physician, licensed professional or practical nurse, or laboratory technician or technologist who is employed by a hospital or physician, of his own choosing to perform a chemical test in addition to any test performed at the direction of a law enforcement officer. G. Upon the request of the person tested, full information concern- ing the test or tests performed at the direction of the law enforcement officer shall be made available to him as soon as it is available from the person per- forming the test. H. The law enforcement agency represented by the law enforcement officer at whose direction the chemical test is performed shall pay for the chemical test. I . If a person exercises his right under Subsection F to have a chemical test performed upon him by a person of his own choosing, then the cost of that test shall be paid by the law enforcement agency represented by the law enforcement officer at whose direction a chemical test was administered under Subsection B. J. The results of a chemical test performed pursuant to the Implied Consent Act may be introduced into evidence in any civil action or criminal action arising out of the acts alleged to have been committed by the person tested while driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor. K. If the blood of the person tested contains: (1 ) five one-hundredths of one percent or less by weight of alcohol , it shall be presumed that the person was not under the influence of intoxicating liquor; (2) more than five one-hundredths of one percent but less than one-tenth of one percent by weight of alcohol , no presumption shall be made that the person either was or was not under the influence of intoxicating liquor. However, the amount of alcohol in the person's blood may be considered with other competent evidence in determining whether or not the person was under the influence of intoxicating liquor; or (3) one-tenth of one percent or more by weight of alcohol , it shall be presumed that the person was under the influence of intoxicating liquor. L. The percent by weight of alcohol shall be based on the grams of alcohol in one hundred cubic centimeters of blood. M. The presumptions in Subsection K do not limit the introduction of other competent evidence concerning whether or not a person was under the influence of intoxicating liquor. N. rJothing in this section is intended to authorize any police officer, or any judicial or probation officer, to make any arrest or to direct i the performance of a blood-alcohol test, except in the performance of his of- ficial- duties and as otherwise authorized by law. 12-6-12.2 PERSONS UNDER THE INFLUENCE OF DRUGS. A. It is unlawful for any person who is an habitual user of, or under the influence of, any narcotic drug, or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle, to drive or be in actual physical control of any vehicle within this state. B. The fact that any person charged with a violation of this sub- section is or has been entitled to use such drug under the laws of this state is not a defense against the charge. 12-6-12.3 RECKLESS DRIVING. A. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and without due caution and circumspection and at a speed or in a manner so as to endanger or be likelv to endanger any person or property is guilty of reckless driving. 0. Any person arrested under this subsection may be found guilty of the lesser included offense of careless driving. 12-6-12.4 CARELESS DRIVING. A. Any person operating a vehicle on the street shall give his full time and entire attention to the operation of the vehicle. ( B. Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of careless driving. 12-6-12.5 OPERATORS AND CHAUFFEURS MUST BE LICENSED. A. Except those expressly exempted by Section 66-5-4 NMSA 1978, no person shall drive any motor vehicle upon a street in this municipality unless he holds a valid license issued under the provisions of the New Mexico Vehicle Code. B. Any person licensed under the provisions of the New Mexico Motor Vehicle Code, or expressly exempted from licensure, may exercise the Drivilpap granted upon all streets and highways in this municipality. C. No person, whether a resident or non-resident of the State of New Mexico, shall operate a motor vehicle upon a street in this municipality in violation of any restrictions with respect to the type of, or special me- chanical devices required on, a motor vehicle which the licensee may operate or any other restrictions applicable to the licensee. D. Every licensee shall have his driver's Iicense in his immediate possession at all times when operating a motor vehicle, and shall display the same upon demand of a magistrate or police officer. However, no person charged with violating this section shall be convicted if he produces in court a driv- er's license theretofore issued to him and valid at the time of his arrest. 12-6-12.10 OBSTRUCTION TO DRIVER'S VIEW OR DRIVING MECHANISM. A. No person shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. B. No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle. 12-6-12. 11 RESTRICTION ON USE OF TELEVISION IN MOTOR VEHICLES. It shall be unlawful to operate in this municl-ality any motor vehicle equipped with a television screen, of whatever type, upon which images may be projected or shown, if such screen is within the normal view of the driver of the motor vehicle. 12-6-12.12 COASTING PROHIBITED. The driver of any motor vehicle when trav- eling upon a down grade shall not coast with the clutch disengaged. 12-6-12.13 FOLLOWING FIRE APPARATUS PROHIBITED. The driver of any vehicle other than one on official business shall not follow any fire apparatus trav- eling in response to a fire alarm closer than five hundred feet, or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. 12-6-12.14 CROSSING FIRE HOSE. No vehicle shall be driven over any unpro- tected hose of a fire department when laid down on any street' or private driveway, 1 to be used at any fire or alarm of fire, without the consent of the fire de- partment official in command. 12-6-12.15 DRIVING THROUGH SAFETY ZONES PROHIBITED. No vehicle shall at any time be driven through or within a safety zone. 12-6-12.16 VEHICLES SHALL BE DRIVEN ONLY ON STREETS, PRIVATE ROADS AND DRIVEWAYS. No driver of a vehicle shall operate or be in control of a vehicle on other than the portions of streets improved, designed and or- dinarily used for vehicular traffic, private roads, driveways or alleys in this municipality, except as otherwise provided by this ordinance or as oth- erwise authorized or designated by the administrator or his designated representative. 12-6-12.17 DRIVING ON SIDEWALK AND PRIVATE PROPERTY. A. No person shall drive any vehicle on, or across a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. B. No person shall drive on private property, except upon a per- manent or authorized temporary driveway or parking area, without the express authorization of the owner, lessee or other person authorized by the owner to control the use -of the private property. 12-G-12.6 12-6-12.6 UNLAWFUL USE OF LICENSE. No person shall : _ (..1T display or cause or permit to be displayed or have in his possession any cancelled, revoked or suspended driver's license or permit; (2) lend his driver's license or permit to any ether person or knowingly permit the use thereof by another; (3) display or represent as one's own any driver's license or permit not issued to him; (4) fail or refuse to surrender to the court upon its lawful demand any driver's license or permit which has been suspended, revoked or cancelled; (0 nPrmit anv unlawful use of driver's license or permit issued to him; (6) drive a motor vehicle on the streets of this municipality at a time when his privilege to do so is suspended, revoked or denied. 12-6-12.7 FLEEING OR ATTEMPTING TO ELUDE A POLICE OFFICER. No driver of a motor vehicle shall willfully fail or refuse to bring his vehicle to a stop, or otherwise flee or attempt to elude a pursuing police vehicle, when given visual or audible signal to bring the vehicle to a stop. A. The signal given by the police officer may be by hand, voice, emergency light or siren. B. The officer giving the signal shall be in uniform, prominently displaying his badge of office, and his vehicle shall be appropriately marked showing it to be an official police vehicle. 12-6-12.8 UNATTENDED MOTOR VEHICLE. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition,. removing the key, and effectively setting the brake, or placing the transmission in parking position, thereon and, when standing upon any grade, turning the front wheels in such manner that the ve- hicle will be held by the curb or will leave the street if the brake fails. 12-6-12.9 LIMITATIONS ON BACKING. A. The driver of a vehicle shall not back it: (1 ) unless the movement can be made with reasonable safety and without interfering with other traffic; (2) upon any shoulder or roadway of any controlled-access street, or upon the exit or entry road of any controlled-access street; (3) into an intersection or around a corner unless preceded by an observer to safely direct Vie movement; or (4) from a private driveway into any street unless the movement can be made with safety and without interfering with other traffic on the street. B. In no case shall a vehicle be backed more than 60 feet unless preceded by an observer to safely direct the movement, 1'1• �-l�, lb 12 y6_-12. 18 PROHIBITED ACTIVITIES WHILE DRIVING. No person shall (1 )~ drive a vehicle while engaged in any activity which inter- feres with the safe operation of the vehicle; (2) drive while having in his lap any person, adult or minor, or any animal ; (3) drive while seated in the lap of another person while the vehicle is in motion; (4) drive a vehicle while having either arm around another person; or (5) operate a motor vehicle's equipment, including but not limited to the vehicle horn or lights, in such manner as to distract other motorists on the public way or in such a manner as to disturb the peace. 12-6-12. 19 RACING ON STREETS. A. Unless written permission setting out pertinent conditions is obtained from the chief of the municipal police, and then only in accordance with such conditions no person shall drive a vehicle on a street in any race, speed competition or contest, drag race or acceleration contest, test of phys- ical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, whether or not the speed is in excess of the maximum speed prescribed by law, and no person shall in any manner participate in any such race, drag race, competition, contest, test or exhibition. B. As used in this section: (1 ) "drag race" means the operation of two [2] or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one [1] or more vehicles over a common selected course from the same point to the same point for the purpose f of comparing the relative speeds or power of acceleration of the vehicle or i vehicles within a certain distance or time limit; and (2) "race" means the use of one [1 ] or more vehicles in a manner to outgain or outdistance another vehicle, prevent another vehicle from passing, arrive at a given destination ahead of another vehicle or test the physical stamina or endurance of drivers over long-distance routes. 12-6-12.20 PROCESSIONS. A. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while the procession is in motion and when the vehicles in the procession are conspicuously designated as required in this section. This provision shall not apply at intersections where traffic is controlled by police officers. B. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the street as practicable and shall follow the vehicle ahead as closely as is practicable and safe. C. A funeral composed of a procession of vehicles shall be iden- tified by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the traffic division. D. No funeral , procession or parade containing 200 or more persons or 50 or more vehicles, except the Armed Forces of the United States, the mil - itary forces of this state and the forces of the police and fire departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations a. are set forth herein which may apply. �-- 12-6-1 , 21 12-6-12. 21 DRIVER 10 TAKE PRECAUTIONS APPROACHING THE BLIND. A. The driver ^of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide dog shall take all necessary pre- cautions to avoid injury to the blind pedestrian. Any dr-,ver who fails to take necessary precautions shall be liable in damages for any injury caused to the pedestrian. B. A totally blind or partially blind pedestrian not carrying a cane or using a guide dog shall have all the rights and privileges conferred by law on other persons, and the failure of a totally blind pedestrian to carry a cane or to use a guide dog shall not be held to constitute nor be evidence of contributory negligence. 12-6-12.22 OFFENSES BY PERSONS OWNING OR CONTROLLING VEHICLES. It is un- lawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle to require or to permit the operation of such vehicle upon a street in this municipality in any manner contrary to this ordinance. 1 12-6-12.23 PERMITTING UNAUTHORIZED PERSONS TO DRIVE. A. No person shall cause or knowingly permit his child or ward under the age of eighteen years to drive a motor vehicle upon any street when such minor is not authorized under state law or is in violation of anv of the provisions of the New Mexico Motor Vehicle Code. B. No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any street by any person who is not authorized under state law or is in violation of any of the provi- sions of the New Mexico Motor Vehicle Code. 12-6-12.24 PARTIES TO UNLAWFUL ACTS. Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared herein to be unlawful , whether individually or in connection with one or more other persons or as a principal , agent or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcibly or will- fully induces, causes, coerces, requires, permits or directs another to violate any provision of this ordinance or of the Motor Vehicle Code is likewise guilty of such offense. 12-6-13 MISCELLANEOUS TRAFFIC REGULATIONS. 12-6-13.1 RIDING WITH INTOXICATED DRIVER OR PERSON UNDER INFLUENCE OF DRUGS. A. No person knowingly and willfully shall ride with an intoxicated person who is operating a vehicle. B. No owner or person in control of a motor vehicle shall permit it to be driven or operated by any person who is a habitual user of narcotic drugs or by any person who is under the influence of intoxicating liquor, nar- cotic drugs or any other drug to a degree which renders him incapable of safely driving the vehicle. C. No person under the influence of intoxicating liquor, narcotic drug or ether drug to a degree which renders him incapable of driving safely shall start or attempt to operate a vehicle. D. No person shall drink any intoxicating liquor while in a motor vehicle on any street. 12-6-13.2 12-6-13.2 UNLAWFUL RIDING. -�`A. No person shall ride or permit another person to ride in or on any portion of a vehicle not designated or intended for the use of passengers. B. This provision shall not apply to any employee engaged in the necessary discharge of a duty or to persons riding within truck bodies in space intended for merchandise. 12-6-13.3 UNHITCHED TRAILER ON STREET. No person shall leave any type of trailer unhitched upon a street. 12-6-13.4 MOVING OR MOLESTING UNATTENDED VEHICLES. A. No person shall individually or in association with one or more others do any of the following: (1 ) purposely, and without authority from the owner, start or cause to be started the engine of any motor vehicle; (2) . purposely and maliciously shift or change the starting device or gears of a standing motor vehicle to a position other than that in which they were left by the owner or driver of said motor vehicle; (3) purposely scratch or damage the chassis, running gear, body, sides, tip covering or upholstering of a motor vehicle which is the prop- erty of another; (4) purposely destroy any part of a motor vehicle or purposely cut, mash, mark, or in any other way, destroy or damage any part, attachment, fastening or appurtenance of a motor vehicle, without the permission of the owner; (5) purposely drain or start the drainage of any radiator, oil tank or gas tank upon a motor vehicle, without the permission of the owner; (6) purposely put any metallic or other substance or liquid in the radiator, carburetor, oil tank, grease cup, oilers, lamps, gas tanks or machinery of the motor vehicle with the intent to injure or damage the same or impede the working of the machinery thereof; (7) maliciously tighten or loosen any bracket, bolt, wire, nut, screw or other fastening on motor vehicle; or (8) purposely release the brake upon a standing motor vehicle with the intent to injure said machine. ) B. The foregoing provisions snail not apply to a police officer or member of the fire department or street maintenance department who in dis- charge of his duty legally moves or causes to be moved any unattended vehicle, nor to any person who moves the vehicle at the direction of or in compliance with orders from a police officer or member of the fire department or street maintenance department who in the discharge of his duties legally orders or directs the moving of the unattended vehicle. 12-6-13. 5 12-6-13.5 DESTF:JCTIVE OR INJURIOUS MATERIAL ON ROADWAY. A. No person shal l throw or deposit upon any street any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such street. B. Any p-erson who drops, or permits to be dropped or thrown, upon any street any destructive or injurious material shall immediately remove the same or cause it to be removed. C. Any p-erson removing a wrecked or damaged vehicle from a street shall remove any glass or other injurious substance dropped upon the street from such vehicle. D. No ve nicle shall be driven or moved on any street unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a street in cleaning or maintaining such street. E. No person shall operate on any street any vehicle or combination or vehicles with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from becoming loose, detached. or in any manner a hazard to other users of the street. 12-6-13.6 TRAINS AND BUSES NOT TO OBSTRUCT STREETS. No person or corpo- ration shall direct the operation of or operate any railroad train or bus in such manner to prevent the use of any. street for purposes of travel for a period of time longer than five minutes. 12-6-13.7 BOARDING OR ALIGHTING FROM VEHICLES. A. No person shall board or alight from any moving vehicle or any ( vehicle which is stopped in traffic. B. No person shall alight or enter a vehicle except when it is stopped at a curb or in a passenger loading zone. 12-6-13.8 IMPROPER OPENING OF DOORS. No person shall: ] open the door of a vehicle on the side near moving traffic unless it is reasonably safe to do so, and the door can be opened without in- terfering with the movement of traffic; or (2) leave a door of a vehicle open on the side of the vehicle near moving traffic for a period of time longer than necessary to load or unload passengers. 12-6-13.9 OCCUPIED MOVING HOUSE TRAILER. No person shall : ] occupy a house trailer while it is being towed upon a street; or (2) tow a house trailer on any street when the house trailer is occupied by any person. 12- b- 13. 10 12-6-_13.10_ .ANIMALS ON SIREET. A. It is unlawful—for any person, during the hours of darkness , to ride a horse or other animal upon the traveled portion of any street which r is normally used by motor vehicles. B. It is unlawful for any person negligently to permit livestock to wander or graze upon any fenced street at any time or, during the hours of darkness, to drive livestock along or upon any street which is normally used by motor vehicles. C. Owners of livestock ranging in pastures through which unfenced roadways pass shall not be liable for damages by reason of injury or damage to persons or property occasioned by collisions of vehicles using said roadways and livestock or animals ranging in said pastures unless such owner of livestock is guilty of specific negligence other than allowing his animals to range in said pasture. 12-6-13.11 MINORS - ALCOHOLIC LIQUOR - POSSESSI014 WHILE OPERATING A MOTOR VEHICLE. A. No person under the age of twenty-one years shall operate a motor vehicle upon a public street of this municipality while knowinqly and unlawfully having in his possession any alcoholic liquor. B. As used in Section 12-6-13.11 , "alcoholic liquor" means any and all distilled or rectified spirits, potable alcohol , brandy, whisky, rum, gin, aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including all blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent alcohol , but excluding medicinal bitters. C. Upon determination that a person has violated the provisions of this section, the judge trying the case shall suspend the person's driver's license for a period of not less than one day but for not more than any period of time which runs past the twenty-first birthday of such person. 12-6-13.12 DRIVING ON MOUNTAIN STREETS. The driver of a motor vehicle trave ing through defiles or canyons or on mountain streets shall hold such motor vehicle under control and as near the right-hand edge of the street as reasonably possible and, upon approaching any curve where the view is obstructed within a distance of two hundred feet along the street, shall give audible warning with the horn of such motor vehicle. 12-6-14 PEDESTRIANS' RIGHTS AND DUTIES. 12-6-14.1 PEDESTRIAN OBEDIENCE TO TRAFFIC-CONTROL DEVICES AND TRAFFIC REGULATIONS. Pedestrians shall be subject to traffic-control signals at intersections as provided in, Section 12-5-6.1 , but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions provided in this ordinance. 12-_6-_14. 2 PEDEST_RIAN'S RIGHT OF WAY IN CROSSWA_LKS._ A. When traific-control aiynais are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the street within a crosswalk when the pedestrian is upon the half of the street upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the street as to be in danger. B. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. C. Subsection A shall not apply under the conditions stated in Section 12-6-14.4. D. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the street, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. 12-6-14.3 PEDESTRIANS TO USE RIGHT HALF OF CROSSWALK. Pedestrians shall move, whenever practicable, upon the right half of crosswalks. 12-6-14.4 CROSSING AT OTHER THAN CROSSWALKS. A. Every pedestrian crossing a street at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the street. B. Any pedestrian crossing a street at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the street. C. Between adjacent intersections at which traffic-control signals t are in operation pedestrians shall not cross at any place except in a marked crosswalk. D. No pedestrian shall cross a street intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic- control devices pertaining to such crossing movements. 12-6-14.5 PEDESTRIANS ON STREETS. A. Where sidewalks are provided it shall be unlawful for any pe- destrian to walk along and upon an adjacent street. B. Where sidewalks are not provided any pedestrian walking along and upon a street shall when practicable walk only on the left side of the street or its shoulder facing traffic which may approach from the opposite direction. 12-6-14.6 PEDESTRIANS SOLICITING RIDES OR BUSINESS. A. No person shall stand in a street for the purpose of soliciting a ride, employment or business from the occupant of any vehicle. B. No person shall stand on or in proximity to a street for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street. 12-6-14.7 OBEDIENCE OF PEDESTRIANS TO BRIDGE AND RAILROAD SIGNALS. A. No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal , gate or barrier after a bridge operation signal indication has been given. B. No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed. 12-6-14.8 DRIVERS TO EXERCISE DUE CARE. Notwithstanding the foregoing provisions of this ordinance every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any street and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a street. 12-6-14.9 REFERENCE TO VEHICLES UPON THE STREETS. A. The provisions of Article 6 of this ordinance relating to the operation of vehicles, refer exclusively to the operation of vehicles upon the streets or highways, except where a different place is specifically referred to in a given section. B. The provisions of Article 4 of this ordinance and Sections 12-6-12.1 and 12-6-12.3 of this ordinance shall apply upon the streets and highways and elsewhere throughout this municipality. t ARTICLE VII SPECIAL RULES FOR MOTORCYCLES 12-7-1 Traffic Regulations Apply to Persons Operating Motorcycles ' 12n7-2 Operating Motorcycles on Streets Landd for Traffic 12-7-3 Clinging to Other Vehicles 12-7-4 Riding on Motorcycles 12-7-5 Eye-Protective Devices or Windshields 12-7-6 Safety Helmets 12-7-7 Footrests and Handlebars 12-7-8 Motorcycle Maneuverability ` 12-7-9 Off-Highway Motorcycles 12-7-9.1 Off-Highway Motorcycles--Registration and Definition 12-7-9.2 Operation of Off-Highway Motorcycles on Streets and Highways 12-7-9.3 Movement of Off-Highway Motorcycles Adjacent to Streets 12-7-9.4 Operation of Off-Highway Motorcycles on .Private Lands 12-7-9.5 Accidents and Accident Reports 12-7-9.6 Enforcement of Off-Highway Motorcycle Regulations 12-7-10 Mopeds--Standards--Operator Requirements--Application of Motor Vehicle Code 12-7-1 TRAFFIC REGULATIONS APPLY TO PERSONS OPERATING MOTORCYCLES. Every person operating a motorcycle -shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this ordinance, except as .to special regulations in Sections 12-7-1 through 12-7-7 and except as to those provisions of phis ordinance which by their nature can have no application. 12-7-2 OPERATING MOTORCYCLES ON STREETS LANED FOR TRAFFIC. A. All motorcycles are entitled to full use of a Tane and no motor vehicle shall be driven in such a manner a:: to deprive any motorcycle of the full use of a lane. This section shall not apply to motorcycles operated two abreast in a single lane. B. The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken, xcept that this pro- vision shall not apply to police officers in the performance of their official duties. C. No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, except that this provision shall not apply to police officers in the performance of their official duties. D. Motorcycles shall not be operated more than two abreast in a single lane. 12-7-3 CLINGING TO OTHER VEHICLES. No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on a street. l�` 12-7_-_4 _ RI_D_ING ON MOTORCYCLES. �y A. A person operating a motorcycle, motor scooter or motor-driven cycle shall ride only upon the permanent and regular seat attached thereto, and shall have his feet upon the footrests provided on the machine. B. The operator shall not carry any other person nor shall any other person ride on a motorcycle, motor scooter or motor-driven cycle unless it is designated to carry more than one person. If a motorcycle, motor scooter or motor-driven cycle is designed to carry more than one person, the passenger. may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the motorcycle, motor scooter or motor-driven cycle. The pas,,Pnapr shall have his feet upon the footrests attached for passenger use. C. No person shall operate a motorcycle wniie carrying any package, bundle or other article which prevents him from keeping both hands on the 'han- dlebars. D. No operator of a motorcycle shall carry any person nor shall any person ride in a position that will interfere with the operation or control of the motorcycle or the view of the operator. 12-7--5 EYE-PROTECTIVE DEVICES OR WINDSHIELDS. Any person operating a mo- torcycle; motor scooter or motor-driven cyc e, not having a fixed windshield 9fi a type approved by regulation of the director, shall wear an eye-protective device which may be a faceshield attached to a safety helmet, goggles or safety eyeglasses. All eye-protective devices or windshields shall be of a type ap- proved by regulations authorized by 6 6.7-355 NMSA 1978. 12-7-6 MANDATORY USE OF PROTECTIVE HELMET. A. No person under the age of eighteen shall operate a motorcycle unless he is wearing a safety helmet securely fastened on his head in a normal manner as headgear and meeting the standards authorized by 64-7-356 NMSA 1953. No dealer or person who leases or rents motorcycles shall lease or rent a mo- torcycle to a person under the age of eighteen unless the lessee or renter shows such person a valid operator's license or permit and possesses the safety equipment required of the operator of such motorcycle who is under the• age of eighteen. No person shall carry any passenger under the age of eighteen on any motorcycle unless the passenger is wearing a securely fastened safety helmet, as specified in this section, meeting the standards specified by the director. B. Failure to wear a safety helmet as required in this section shall not constitute contributory negligence. 12-7-7 FOOTRESTS AND HANDLEBARS. A. Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for the passenger. (*) B. No motorcycle shall be equipped with handle bars which have an outer end raised more than fifteen [15] inches above the level of the seat normally occupied by the operator. The level of the seat shall be determined as being the top of the seat when the seat is fully depressed. 12-7-8 119T0_R""CLE '-I NEUVERABILITY. A. No motorcycle shall be equipped in a manner such that it is incapable of turning a ninety-degree angle within a circle having a radius of not more than fourteen feet. Evidence of a motorcycle's being unable to turn a ninety degree angle within a circle having a radius of not more than fourteen feet shall be prima facie evidence of an unsafe vehicle as described in Section 12-10-1 .1 . B. For the purposes of this section, a police officer may require the driver of a motorcycle to demonstrate the ability of any motorcycle to be ridden as described in Subsection A of this section. Failure or refusal of any operator to demonstrate the ability of any motorcycle being operated upon the highways shall be prima facie evidence of an unsafe vehicle as de- scribed in Section 12-10-1 . 1 . 12-_ 7-9 OFF-HIGHWAY MOTORCYCLES. T2-7-9.1 OFF-HIGHWAY MOTORCYCLES--REGISTRATION AND DEFINITION. A. Unless exempted from the provisions of the New Mexico Off-Highway Motorcycle Act, no person shall operate a motorcycle which is to be operated or used exclusively off the streets or highways of this municipality unless the motorcycle has been registered in accordance with the New Mexico Off-Highway Motorcycle Act and the regulations of the division adopted pursuant thereto. B. For the purposes of Section 12-7-9.1 through 12-7-9.6 of this or- dinance "motorcycle" or "off-highway motorcycle" means any motorcycle operated or used exclusively off the streets or highways of this municipality. 12.-7-9.2 OPERATION OF OFF-HIGHWAY MOTORCYCLES ON STREETS OR HIGHWAYS. A. No person shall operate ,ln off-highway motorcycle on any limited ( access street at any time. B. Off-highway motorcycles may cross streets or highways if the crossings are made after coming to a complete stop prior to entering the street. These motorcycles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then crossing in the most direct manner, as close to a perpendicular angle as possible. 12-7-9.3 MOVEMENT OF OFF-HIGHWAY MOTORCYCLES ADJACENT TO STREETS. Off- highway motorcycles issued a plate pursuant to Section 64-3-1003C NMSA 1953 may be moved, by nonmechanical means only, adjacent to a street, in a manner so as not to interfere with traffic upon the street, only for the purpose of gaining access to, or returning from areas designed for the operation of off- highway motorcycles, when no other route is available. i 12-7-9.4 OPERATION OF OFF-HIGHWAY MOTORCYCLES ON PRIVATE LANDS. It is unlawful to operate an off-highway motorcycle on private lands except with the express permission of the owner of the lands. 12-7-9.5 ACCIDENTS AND ACCIDENT REPORTS. Any opera,L)r of an off-highway motorcycle involved in an accident resulting in injuries to, or the death of, any person, or resulting in damage to public or private property to the extent of fifty dollars ($50. 00) or more, shall immediately notify a police officer or the police department of the accident and the facts relating to the accident. �r t 12-7-9.6 ENFORCEMENT OF OFF-HIGHWAY MOTORCYCLE REGULATIONS. Every police officer displaying his badge of office, has the authority to enforce the pro- visions of Sections 12-7-9.1 through 12-7-9.5 of this ordinance and may require the operator of any off-highway motorcycle to produce the certificate of reg- istration and the personal identification of the operator, and may issue citations for violations of the provisions of Sections 12-7-9.1 through 12-7-9.5 of this ordinance. ' 12-7-10 MOPEDS--STANDARDS--OPERATOR REQUIREMENTS--APPLICATION OF MOTOR VEHICLE CODE. A. Mopeds shall comply with those motor vehicle safety standards deemed necessary and prescribed by the director of motor vehicles. B. Operators of mopeds shall have in their possession while oper- ating a moped a valid operator's or restricted operator's license of any class issued to them. C. Except as provided in Subsections A and B of this section, none of the provisions of the New Mexico Motor Vehicle Code or of this ordinance relating to motor vehicles or motor-driven cycles as defined in these codes shall apply to a moped. t ARTICLE VIII OPERATION OF BICYCLES 12-8-1 Effect of Regulations 12-8-2 Traffic Ordinance Applies to Persons Riding Bicycles 12-8-3 Riding on Bicycles 12-8-4 Clinging to Vehicles 12-8-5 Riding on Streets and Bicycle Paths 12-8-6 Carrying Articles 12-8-7 Lamps and Other Equipment on Bicycles 12-8-8 Obedience to Traffic-Control Devices 12-8-9 Parking 12-8-10 Speed 12-8-11 Emerging from Alley, Driveway, Private Road or Building 12-8-12 Riding on Sidewalks 12-8-13 License Required 12-8-14 License Application 12-8-15 Issuance of License 12-8-16 Attachment of License Plate 12-8-17 Authority to Prevent Use 12-8-18 Inspection of Bicycles 12-8-19 Transfer of Ownership 12-8-20 Rental Agencies 12-8-21 Bicycle Dealers 12-8-22 Impounding Unlicensed and Unattended Bicycles 12-8-23 Penalties 12-8-1 EFFECT OF REGULATIONS. A. The parent of any child and the guardian .of any ward shall not authorize or permit any such child or ward to violate any of the provisions of this ordinance. B. These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any street or upon any path set aside for the ex- clusive use of bicycles subject to those exceptions stated herein. 12-8-2 TRAFFIC ORDINANCE APPLIES TO PERSONS RIDING BICYCLES. Every person riding a bicycle upon a street shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, except as to the special regulations within Sections 12-8-1 through 12-8-23. 12-8-3 RIDING BICYCLES. A. A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto. B. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. 12-8-4 CLINGING TO VEHICLES. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a street. 1.2_-8-5 __ RIDI_NG ON STREETS AND BICYCLE PATHS. �_ A. Every person operating a bicycle upon a street shall ride as near to the right side of the street as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. B. Persons riding bicycles upon a street shall not ride more than two abreast except on paths or parts of streets set aside for the exclusive use of bicycles. C. Whenever a usable path for bicycles has been provided adjacent to a street, bicycle riders shall use such path and shall not use the street. 12-8-6 CARRYING ARTICLES. No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handlebar. 12-8-7 LAMPS AND OTHER EQUIPMENT ON -BICYCLES. A. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the division which shall be visible from all dis- tances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. B. No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with, nor shall any person use upon a bicycle any siren or whistle. C. Every bicycle shall be equipped with a brake which will enable the operator to make the brake wheels skid on dry, level , clean pavement. 12-8-8 OBEDIENCE TO TRAFFIC-CONTROL DEVICES. A. Any person operating a bicycle shall obey the instructions of official traffic-control devices applicable to vehicles, unless otherwise di- rected by a police officer. B. Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event the person shall then obey the regulations applicable to pedestrians. 12-8-9 PARKING. No person shall park a bicycle upon a street other than upon the street against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such manner as to afford the least obstruction to pedestrian traffic. '12-8-10 SPEED. No person shall operate a bicycle at a speed qreater than is reasonab -e—a-n-J prudent under the conditions then existing. L k' 12-8-11 EMEPGING FROM ALLEY, DRIVEWAY,_ PRIVATE ROAD OR BUILDING. _ A. The operator of a bicycle emerging from en aliey,�private road, driveway or building shall yield the right of way to all pedestrians on the sidewalk or sidewalk area. c B. Upon entering the street, the driver of a bicycle shall yield the right of way to all vehi,.�les approaching on the street. 12-8-12 RIDING ON SIDEWALKS. A. No person shall ride a bicycle upon a sidewalk within a business district. B. No person shall ride a bicycle on any sidewalk or street when signs are posted prohibiting bicycles on the sidewalk or street. C. When signs are posted requiring bicycles to use sidewalks or paths adjacent to a street, no person shall ride a bicycle on the street ad- jacent to the sidewalks or paths. D. Whenever any person is riding a bicycle upon a sidewalk, the person shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing a pedestrian. 12-8-13 LICENSE REQUIRED. A. No person who resides within this municipality shall ride or propel a bicycle on any street or upon any public path set aside for the ex- clusive use of bicycles unless the bicycle has been licensed and a license plate is attached thereto as provided in Sections 12-8-13 through 12-8-16. B. Any bicycle owner who resides within this municipality shall be required to secure and display a license for the bicycle within ten days from the date upon which the ownership is acquired. 12-8-14 LICENSE APPLICATION. A. Application for a bicycle license and license plate shall be made upon a form provided by the City and shall be made to the police department. B. An annual license fee of $1 .25 shall be paid to the City before the license is granted. 12-8-15 ISSUANCE OF LICENSE. A. The police department upon receiving proper application for a license is. authorized to issue a bicycle license which shall be permanently effective. B. The police department shall not issue a license for any bicycle when he knows or has reasonable ground to believe that the applicant is not the owner of or entitled to the possession of the bicycle. C. The police department shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, the number of the frame of the bicycle for which issued and a record of all bicycle license fees collected. IC-0- 1 12-8-16 ATTACHMENT OF LICENSE PLATE. A. The police department upon issuing a bicycle license shall also issue a license plate or decal bearing the license number assigned to the bi- cycle. License plates or decals shall be furnished by the municipality to the police department. B. The police department, or a designated representative, shall cause the license plate or decal to be firmly attached to the rear mudguard or frame of the bicycle for which issued in such position as to be plainly visible from the rear. C. No perso:j shall remove a license plate or decal from a bicycle except upon transfer of ownership as provided herein or in the event the bicycle is dismantled and no longer operated upon any street in this municipality. D. In the event of loss or destruction of the original license plate or decal , the owner of the bicycle may secure a replacement upon filing a new application and the payment of a fee of fifty cents ($.50). 12-8-17 AUTHORITY TO PREVENT USE. Whenever any bicycle -is found which does not bear a license as provided herein or whenever a bicycle is found not equipped as required by Sections 12-8-1 through 12-8-23, it is the duty of the police department to cause the removal of the bicycle from the public streets until such time as the requirements of Sections 12-8-1 through 12-8-23 are complied with. 12-8-18 INSPECTION OF BICYCLES. The police department or an agency desig- nated by the chief of police shall inspect each bicycle before licensing it and shall refuse a license for any bicycle which the police department or des- ignated agency determines is in unsafe mechanical condition. t 12-8-19 TRANSFER OF QWNERSHIP. Upon the sale or other transfer of a licensed bicycle, the licensee may, under the supervision of' the police department, remove the license plate or decal and surrender it to the police department or the licensee may, upon proper application but without payment of additional fee, have the plate or decal assigned to another bicycle owned by the licensee, or the license plate may, upon proper application but without additional fee, be transferred to the purchaser or transferee of the licensed bicycle. 12-8-20 RENTAL AGENCIES. A rental agency shall not rent or offer to rent any bicycle for rent unless: (1 ) the bicycle is licensed; (2) a license plate or decal is attached thereto as provided in this section; and (3) the bicycle is equipped with the lamps and other equipment required by state law or this ordinance. 12-8-21 BICYCLE DEALERS. A. �Every person engaged in the business of buying or selling new or second-hand bicycles shall make a report to the police department of every bicycle purchased or sold by the dealer, and the report shall contain the fol- lowing information: (1 ) the name and address of the person from whom the bicycle was purchased or to whom the bicycle was sold; (2) a description of the bicycle by name or make; 3 (3) the frame number of the bicycle; and (4) the number of the license plate or decal , if any. B. In the event the dealer purchased a bicycle whereon the frame number, or any portion of it has been removed, tampered with or in any manner made illegible, the dealer shall make an immediate report to the police depart- ment. For the pi rpose of this paragraph, the term "bicycle" shall include less than an entire bicycle as long as the portion bought or sold includes a frame. 12-8-22 IMPOUNDING UNLICENSED AND UNATTENDED BICYCLES. A. Whenever any bicycle is found un icense by a police officer and there is no person in attendance upon the parked bicycle, the police officer is authorized to remove the bicycle to the nearest municipal bicycle pound or authorized location as determined and designated by the police department. B. Before the owner or person entitled to possession of any legally impounded bicycle shall be permitted to remove it from the custody of the bi- cycle pound or other authorized location, he shall furnish evidence of identity and ownership of the bicycle and evidence of a validly issued bicycle license to be placed on the bicycle. 12-8-23 PENALTIES. Every person convicted of a violation of any provision of Sections 12-8-1 through 12-8-23 shall be punished by a fine of not more than twenty-five dollars ($25), or by imprisonment for not more than twenty-five days, or by removal and detention of the license plate or decal from the per- son's bicycle for a period not to exceed thirty days or by any combination thereof. �l ARTICLE IX METERED PARKING 12-9-1 Authority to Establish Parking Meter Zones j 12-9-2 Installation of Parking Meters 12-9-3 Parking Meter Spaces 12-9-4 Parking Time Limits 12-9-5 Deposit of Coins 12-9-6 Use of Slugs Prohibited 12-9-7 Tampering with Meter 12-9-8 Presumption of Unlawful Parking 12-9-1 AUTHORITY TO ESTABLISH PARKING METER ZONES. A. The administrator may establish parking meter zones in which the parking of vehicles upon streets or parts of streets shall be regulated by parking meters between the hours of 8 a.m. and 6 p.m. of any day except Sundays and public holidays. B. The administrator may limit the period of time for which parking is lawfully permitted in any parking meter zone in which meters are located regardless of the number of coins deposited in' a meter. C. The parking meter zone may be diminished or extended and enlarged, or other parking meter zones may be created. 12-9-2 INSTALLATION OF PARKING METERS. A. The administrator shall install parking meters in established parking meter zones. B. Parking meters shall be placed on the curb immediately adjacent to each designated parking space. C. Parking meters shall be capable of being operated, either au- tomatically or mechanically, upon the deposit therein of a. ten-cent coin, five-cent coin or one penny coin of United .States currency as provided in this ordinance. D. Each parking meter shall be designed, constructed, installed and set so that an appropr�:ate signal wjll indicate expiration of the lawful parking meter period which was registered by the deposit of one or more coins as provided herein. E. During the lawful parking meter period registered by the deposit of a coin or coins and prior to the expiration of the lawful parking meter period, the meter shall indicate the interval of time which remains of such period. F. Each parking meter shall bear a legend indicating the days and hours when the requirement to deposit coins shall apply, the value of the coins to be deposited and the limited period of time for which parking is lawfully permitted in the parking meter zone in which such meter is located. 12-9-3 PARKING (METER SPACES. A. The administrator shall designate the parking space adjacent to each parking meter for which the meter is to be used by appropriate markings upon the curb or the pavement of the street or both. B. Designated parking meter spaces shall be of appropriate length and width so as to be accessible from the traffic lanes of the street. C. No person shall park a vehicle in any designated parking meter space during the restricted or regulated time applicable to the parking meter zone in which the meter is located so that any part of the vehicle occupies more than one space or protrudes beyond the markings designated the space. However, a vehicle which is of a size too large to be parked within a single designated parking meter zone shall be permitted to occupy two adjoining parking meter spaces when coins of the appropriate denominations have been deposited in the parking meter for each space so occupied. 12-9-4 PARKING TIME LIMITS Parking shall be allowed at the rate of five cents (50) for thirty (30) minutes, ten cents (10�) for one (1) hour, twenty-five cents (25t) for two (2) hours or less. 12-9-5 DEPOSIT OF COINS A. No person shall park a vehicle in any parking space regulated by a parking meter between the hours of 8 a.m. and 5 p.m. on any day except Sundays and public holidays unless a coin or coins of the appropriate denom- ination as provided in this ordinance have been deposited therein and the meter has been placed in operation. - B. No person shall permit a vehicle within his control to be parked in any space regulated by a parking meter •between the hours of 8 a.m. and 6 p.m. on any day except- Sundays and public holidays while the parking meter for the space indicates by signal that the lawful parking time in the space has expired. This provision does not apply to. the act of parking or the necessary time which is required to deposit immediately thereafter a coin or coins in the meter. C. No person shall park a vehicle in any parking meter space for a consecutive period of time longer than the limited period of time for which parking is lawfully permitted in the parking meter zone in which the meter is located, irrespective of the number or amounts of coins deposited in the meter. D. Failure to deposit proper coin or coins constitutes a violation of this ordinance. E. Upon expiration of the legal parking time, it is the duty of the owner or driver of the vehicle to remove the vehicle from, the parking space. t` R F. It is unlawful for any person to cause, allow, pennit or suffer a vehicle registered in his name to be parked or to stand overtime or remain in the parking space beyond the specified parking time limit. G. The provisions of this section shall not apply in a period of emergency determined by an officer of the fire department or the police depart- ment or in compliance with the directions of a police officer or traffic-control device. H. The provisions of this section shall not relieve any person from the duty to observe other and more restrictive provisions of this ordinance prohibiting or limiting the stopping, standing or parking of vehicles in spec- ified places or at specified times. 12-9-6 USE OF SLUGS PROHIBITED. No person shall deposit or attempt to deposit in any parking meter any s ug, button or any other device or substance as substitutes for coins of United States currency. 12-9-1 TAMPERING WITH METER. No person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking me- ter. 12-9-8 PRESUMPTION OF UNLAWFUL PARKING. A. When the violation ' in icator is showing on a parking meter to indicate the expiration of the lawful parking meter period for which coins have been deposited, it shall be presumptive evidence that any vehicle found in a regulated parking space is parked in violation. B. It is unlawful and an offense for any person to deposit or cause to be deposited in a parking meter covering a metered parking stall which he ( has already occupied for the meter specified time limit any coins for the pur- 1 pose of extending parking time beyond the total lawful parking period designated l� for the parking meter zone in which the meter is located. ARTICLE X VEHICLE REGULATIONS 12-10-1 Equipment 12-10-1 . 1 Scope and Effect of Regulations 12-10-1 .2 Vehicles to Be in Safe Condition 12-10-1 . 3 When Lighted Lamps Are Required 12-10-1 .4 Visibility Distance and Mounted Height of Lamps 12-10-1 . 5 Head Lamps on Motor Vehicles 12-10-1 .6 Dimming of Lights 12-10-1 . 7 Tail Lamps 12-10-1 .8 Vehicles to Be Equipped with Reflectors 12-10-1 .9 Stop Lamps, Signal Lamps and Signal Devices 12-10-1 . 10 Mufflers--Prevention of Noise--Emission Control Devices 12-10-1 .11 Lamp or Flag on Projecting Load 12-10-1 .12 Windshields Must Be Unobstructed and Equipped with Wipers 12-10-1 . 13 Prohibiting Lugs 12-10-1 . 14 Permission to Use Emergency Equipment on Other Than Official Vehicle 12-10-1 . 15 Prohibiting Metal Tires or Dragging Load 12-10-1 . 16 Brakes 12-10-1 .17 Horns and Warning Devices 12-10-1 .18 Mirrors 12-10-1 . 19 Application of Succeeding Sections 12-10-1 .20 Additional Equipment Required 12-10-1 .21 Color of Clearance Lamps, Side-Marker Lamps and Reflectors 12-10-1 . 22 Lamps and Reflectors--Truck Tractors and Road Tractors 12-10-1 .23 Lamps and Reflectors--Large Semi-Trailers, Full Trailers and House Trailers s 12-10-1 .24 Lamps and Reflectors--Small Semi-Trailers, House Trailers and Trailers 12-10-1 .25 Lamps and Reflectors--Pole Trailers 12-10-1 .26 Lamps and Ref lectors-=Combinations in Driveaway-Towaway Operations 12-10-1 .27 Mounting of Reflectors, Clearance Lamps and Side-Marker Lamps 12-10-1 .28 Clearance Lamps to Indicate Extreme Width, Height and Length 12-10-1 .29 Side-Marker Lamps Combined with Clearance Lamps 12-10-1 .30 Combination Tail and Stop Lamps 12-10-1 .31 Lighting Devices to Be Electric 12-10-1 .32 Requirements for Headlamps and Auxiliary Road-Lighting Lamps 12-10-1 .33 Requirements for Clearance, Side-Marker and Other Lamps 12-10-1 .34 Obstructed Lights Not Required 12-10-1 .35 Lamps on Parked Vehicles 12-10-1 .:;3 Lamps on Other Vehicles and Equipment 12-10-1 .37 Spot Lamps and Auxiliary Lamps 12-10-1 .38 Additional Lighting Equipment 12-10-1 .39 Multiple Beam Road Lighting Equipment 12-10-1 .40 Use of Multiple Beam Road Lighting Equipment 12-10-1 .41 Single Beam Road Lighting Equipment 12-10-1 .42 Alternate Road Lighting Equipment 12-10-1 .43 Number of Driving Lamps Required or Permitted 12-10-1 .44 Special Restrictions on Lamps 12-10-1 .45 Lights on Snow Removal Equipment 12-10-1 12-10-1 .46 Meaning of the Term "Motor Vehicle" a:; Used in Sections 12-10-1 . 47 through 12-10-1 .51 of This Ordinance--Unattended Vehicles 12-10-1 .47 Stopped Vehicles Not to Interfere with Other Traffic 12-10-1 .48 Emergency Signals--Disabled Vehicle 12-10-1 .49 Non-Emergency Signals--Stopped or Parked Vehicles 12-10-1 .50 Emergency Signals--Flame Producing 12-10-1 .51 Emergency Signals Dangerous Cargoes 12-10-2 Transporting or Handling Explosives or Dangerous Articles 12-10-3 Regulating the Kinds and Classes of Traffic on the Streets 12-10-3. 1 Restrictions upon Use of Streets by Certain Vehicles 12-10-3.2 Minimum Vehicle Size 12-10-3.3 Projecting Loads on Passenger Vehicles 12-10-3.4 Special Projecting Load Limits 12-10-3.5 Trailers and Towed Vehicles 12-10-3.6 Width of Vehicles 12-10-3.7 Height andlength of Vehicles and Loads 12-10-3.8 Exceptions on Size, Weight and Load 12-10-4 Brake and Light Certificates (Repealed) 12-10-5 Display of Current Valid Registration Plate 12-10-6 Evidence of Registration to Be Signed and Exhibited on Demand 12-10-1 EQUIPMENT. 12-10-1 .1 SCOPE AND EFFECT OF REGULATIONS. n A. It is a misdemeanor for any person to drive or move, or for the owner to cause or permit to be driven or moved, on any street, any vehicle, or combination of vehicles, which is in such unsafe condition as to ena7inger any person, or which does not contain those parts, or is not at all times equipped with such lamps and other equipment, in proper condition and adjustment, aF is required by Sections 12-10-1 . 1 through 12-10-1 .51 , or which is equipped in any manner that is in violation of such sections, or for any person to do any act forbidden, or fail to perform any act required under such sections. B. Nothing contained in Sections 12-10-1 .1 through 12-10-1 .51 shall be construed to prohibit the use of additional parts and accessories on any vehicle which are not inconsistent with the provisions of such sections. C. The provisions of Sections 12-10-1 .1 through 12-10-1 .51 , with respect to equipment on vehicles, shall not apply to implements of husbandry, road machinery, road rollers or farm tractors, except as herein made applicable. 12-10-1 . 2 12-10-1 . 2 VEHICLES f0 BE IN SAFE CONDITION. A. No person shall drive or move on any street any inotor vehicle, trailer, semi-trailer, or pole trailer, or any combination thereof unless the equipment upon any and every said vehicle is in good working arder and adjust- ment as required in this ordinance, and said vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the street. B. Any police officer may at any time when having reasonable cause to believe that any vehicle is unsafe, or not equipped as required by this ordinance, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to inspection and test as may be appropriate and reasonable. 12-10-1 .3 WHEN LIGHTED LAMPS ARE REQUIRED. Every vehicle upon a street within this municipality at any time from a half-hour after sunset to a half- hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the street at a distance of five hundred feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated. 12-10-1 .4 VISIBILITY DISTANCE AND MOUNTED HEIGHT OF LAMPS. A. Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in Section 12-10-1 .3 in respect to a vehicle without load when upon a straight, level , unlighted street under normal atmospheric condi- tions unless a different time or condition is expressly stated. B. Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when such vehicle is without a load. ' 12-10-1 .5 HEAD LAMPS ON MOTOR VEHICLES. A. Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two headlamps with at least one on each side of the front of the motor vehicle, which headlamps shall comply with the requirements and limitations set forth in this ordinance. B. Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations of this ordinance. C. Every headlamp upon every motor vehicle, including every motor- cycle and motor-driven cycle, shall be located at a height measured from the center of the headlamp of not more than fifty-four inches nor less than twenty inches to be measured as set forth in Section 12-10-1 .4B. The provisions of this paragraph shall apply only to new motor vehicles sold after July 1 , 1953. D. For the purposes of Sections 12-ln-1 .1 through 12-10-1 .51 parking lamps shall not be used in lieu of head 1 amps. E. Nu head light shall emit a glaring or dazzling light. 12-10-1 . 6 12-10-1 .6 DIM14ING OF LIGHTS. A. Whenever a motor vehicle meets another motor vehicle on any street during nighttime when headlights are in use, the driver of the vehicle shall , when within 500 feet of the other vehicle, dim or tilt the beams of the headlights downward. B. The driver of any motor vehicle in any business district at nighttime when headlights are required shall keep headlights dimmed. C. Whenever the driver of a motor vehicle overtakes another vehicle proceeding in the same direction or follows another vehicle proceeding in the same direction within 200 feet at nighttime when headlights are required, the driver shall dim or tilt the beam of the headlights downward. 12-10-1 .7 TAIL LAMPS. A. Every motor vehicle, trailer, semi-trailer, and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one tail lamp mounted on the rear, which, when lighted as hereinbefore required, shall emit a red light plainly visible from a distance of five hundred feet to the rear; provided i.hat in the case of a train of vehicles only the tra i 1 lamp on the rearmost vehicle need actua I ,y be seen from the distance specified. And further, every such abovementioned vehicle, other than a truck tractor, registered in this state and manufactured or assembled after July 1 , 1953, shall be equipped with at least two tail lamps mounted on the rear, which when lighted as herein required shall comply with the provisions of this section. B. Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches nor less than twenty inches. C. Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head- lamps or auxiliary driving lamps are lighted. D. No tail lamp shall emit a glaring or �azzl-ing light. 12-10-1.8 VEHICLES TO BE EQUIPPED WITH REFLECTORS. A. Every new motor vehicle hereafter sold and operated upon a street, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or separately, two red reflectors, except that every motorcycle and every motor-driven cycle shall carry at least one reflector, meeting the requirements of this section. B. Every such reflector shall be mounted on the vehicle at a height not less than twenty inches nor more than sixty inches measured as set forth in Section 12-10-1 .4B, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred feet .to fifty feet from such vehicle when directly in front of lawful upper beams of headlamps. ) 12-10-1 .9 STOP LAMPS, SIGNAL LAMPS AND SIGNAL DEVICES. T A. From and after January 1 , 1954y it shall be unlawful for any person to sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this municipality or for any person to drive such vehicle on the streets unless it is equipped with at least one stop lamp meeting the require- ments of Subsection C(1 ) . B. No person shall sell or offer for sale or operate on the streets any motor vehicle, trailer, semi-trailer or house trailer registered in this state which was manufactured or assembled after January 1 , 1954, unless it is equipped with mechanical or electric turn signals meeting the requirements of Subsection C(2) . This subsection shall not apply to any motorcycle or motor- driven cycle. C. Any motor vehicle, trailer, semi-trailer and house trailer may be equipped and when required under this ordinance shall be equipped with the following stop lamps, signal lamps , or signal devices: (1 ) stop lamp or stop lamps on the rear which shall emit a red, amber or yellow light and which shall be actuated upon application of the service brakes and which may but need not be incorporated with one or more other rear lamps; and (2) lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear. D. Every stop lamp shall be plainly visible and understandable from a distance of one hundred feet to the rear both during normal sunlight and at nighttime and a signal lamp or lamps indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of one hundred feet both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps shall a- all times be maintained in good working condition. No stop lamp or signal lamp shall project a glaring or dazzling light. E. All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Section 12-10-1 .3 of this ordinance. 12-10-1 .10 MUFFLERS--PREVENTION OF NOISE--EMISSION CONTROL DEVICES. A. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a street in this municipality. B. The muffler, emission control equipment or device, engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. C. Every registered gasoline-fueled motor vehicle manufactured or assembled, commencing with the 1968 models, shall at all times be equipped and maintained in good working order with the factory-installed devices and equipment or their replacements designed to prevent, reduce or control exhaust emissions or air pollution. 12-10-1 . 11 LAMP OR FLAG ON PROJECTING LOAD. .' _ Whenever the load upon any vehicle extends to the rear four feet or more beyond the bed or body of such vehicle there shall be displayed at the extreme rear end of the load, at the times specified in Section 12-10-1 .3 hereof, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than twelve inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. B. If any part of a vehicle, or any load thereon, or any mechanical device, whether a temporary or permanent part of the vehicle, extends beyond the front bumpers thereof the extreme front corners of such projection shall at the times specified in Section 12-10-1 .3 be indicated by amber lights or lanterns visible from a distance of at least five hundred feet to the sides and front. 12-10-1 .12 WINDSHIELD MUST BE UNOBSTRUCTED AND EQUIPPED WITH WIPERS. A. No person shal.l drive any motor vehicle with any sign, poster or other nontransparent material upon or in the front windshield; windows to the immediate right and left of the driver or in the rear-most window if the latter is used for driving visibility. The rear-most window is not necessary for driving visibility where outside rear-view mirrors are attached to the vehicle. B. The windshield on every motor vehicle, except a motorcycle, shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or r operated by the driver of the vehicle. C. Every windshield wiper upon a motor vehicle shall be maintained in good working order. 12-10-1 .13 PROHIBITING LUGS. No person shall drive a tractor engine. trac- tor or vehicle with lugs on the wheels thereof over any paved street. 12-10-1 .14 PERMISSION TO USE EMERGENCY EQUIPMENT ON OTHER THAN OFFICIAL VEHICLE. No person shall operate a vehicle other than an of- ficial vehicle, equipped with any red lights mounted so as to project a beam in a forward direction, or a siren, unless written permission of the chief of police or his designated representative is first obtained. r 12-10-1 . 15 PPOEIIBITING h1ETAL TIRES OR DRAGGING LOAD. A. When the use thereof is permitted, every solid rubber tire can a vehicle shall have rubber on its entire traction surface at least one-inch thick above the edge of the flange of the entire periphery. B. No person shall operate or move on any street any motor vehicle. trailer, or semi-trailer having any metal tire in contact with the street, except that for the purposes of this ordinance a snow tire with metal studs designed to increase traction on ice or snow shall not be considered a metal tire. C. No tire on a vehicle moved on a street shall have on its periph- ery any block, flange, cleat or spike or any other protuberance of any material other than rubber which projects beyond, the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the street, and except also that it shall be permissible to use tire chains of reasonable proportions or snow tires with metal studs designed to increase traction on ice or snow upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. D. The administrator may, in his discretion, issue special permits authorizing the operation upon a street of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery, the operation of which .upon a street would otherwise be prohibited under the provisions of this ordinance. E. No vehicle equipped with solid rubber or cushion tires shall be permitted upon any street of this municipality without special permission first being granted by the administrator, and in no event may any such vehicle be operated at a speed in excess of that specified by law. F. No person shall operate or move on any street any motor vehicle, 3 trailer or semi-trailer from which any object or load scrapes along or over any paved surface. 12-10-1 . 16 BRAKES. A. Lrake equipment is required as follows: (1 ) every motor vehicle, other than a motorcycle, when operated upon a street shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are con- nected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two wheels; (2) every motorcycle when operated upon a street, shall be equipped with at least two brakes which may be operated by hand or foot; (3) every bus , truck, truck-tractor, road tractor, trailer and semi-trailer, and pole trailer shall be equipped with brakes on all wheels in contact with road surfaces except: (a) trailers, semi-trailer., and pole trailers of a gross weight of less than three thousand pounds; (b) any vehicle being towed in a driveaway-towaway oper- ation; provided, the combination of vehicles is capable of complying with the performance requirements of Subsection B of this section; (c) trucks, truck tractors and road tractors having three or more axles need not have brakes on the front wheels , except when such ve- hicles are equipped with at least two steerable axles the wheels of one such axle need not be equipped with brakes; (d) house-moving dollies subject to regulations adopted by the secretary of transportation under the Motor Transportation Act; and (e) motor vehicles of the types named in this section hereinabove, heretofore manufactured prior to July 1 , 1963; (4) every house trailer of a gross weight in excess of three thousand pounds, registered in the state, shall be equipped with brakes on at least two wheels in contact with road surfaces. Every house trailer of a gross weight of three thousand pounds or more, when operated upon a highway or street, shall be equipped with brakes adequate to control the movement of, and to stop and to hold, such vehicle, and so designed as to be applied by the driver of the towing motor vehicle; (5) every bus, truck, road tractor or truck tr"c:tor shall be equipped with parking brakes capable of locking the rear driving wheels and adequate under any condition of loading to hold, to the limit of traction of such braked wheels, such vehicle or combination of vehicles to which such motor vehicle may be attached. The operating controls of such parking brakes shall be independent of the operating controls of the service brakes; (6) in any combination of motor-drawn vehicles, means shall be provided for applying the rearmost trailer brakes, of any trailer equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rear- most trailer equipped with brakes; or both of the above means capable of being used alternatively may be employed; and (7) the brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand op- eration. B. Every motor vehicle or combination of motor-drawn vehicles shall be capable, at all times and under all conditions of loading, of being stopped on a dry, smooth, level road, free from loose material , upon application of the service brake, within the distance specified below,. or shall be capable of being decelerated at a sustained rate corresponding to these distances: Feet to stop from Deceleration 20 miles per in feet per hour second Vehicles or combinations of vehicles having brakes on all wheels . . . . . . . . 30 14 Vehicles or combinations of vehicles not having brakes on all wheels . . . . . . 40 10.7 C. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. 1L-I U_I . I 12-10-1 .17 HORNS AND WIARNING DEVICES. A.�Every motor vehi cl a when operated upon a street shall be equ i pp., with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall be used which does not produce a harmonious sound. The driver of a motor vehicle shall when reasonably necessary to ensure safe operation give audible warning with his horn but shall not otherwise use such horn when uijn a street. B. No vehicle shall be equipped with nor shall any person use upon a vehicle any silcer,, whistle or bell except as otherwise permitted in this section. C. It. is permissible, but not required, that any commercial vehicle be equippea with a theft-alarm signal device which is so arranged that it cannot be used by Lhr� driver as an ordinary warning signal . U. Any authorized emergency vehicle may be equipped with a siren, whistle or bell , capable of emitting sound audible under normal conditions from a distance of not less than five 'hundred feet and of a type approved by the division, but such siren shall not be used except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which said latter events the driver of such vehicle shall sound said siren when reasonably necessary to warn pe- destrians and other drivers of the approach thereof. 12-10-1 .18 MIRRORS. Every motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle. { 12-10-1 .19 APPLICATION OF SUCCEEDING SECTIONS. Sertions' 12-10-1 .20, 12-10-1 .21 , 12-10-1 .27, -3-822 and -3-823 NMSA 197$ shall apply in lieu of Sections 66-3-804 through 66-3-806 NMSA 1978 as to passenger buses, trucks, truck tractors, road tractors, and such trailers, semi-trailers and pole trail- ers provided for therein, when operated upon any street, and said vehicles shall be equipped as required. All lamp equipment required shall be lighted at the times mentioned in Section 12-10-1 .3 of this ordinance. 12-10-1 .20 ADDITIONAL EQUIPMENT REQUIRED. Every bus or truck less than eighty inches in over-all width shall be equipped as follows: (1 ) on the front: two headlamps; and (2) on the rear: one red tail lamp; one red or amber stop lamp; two red reflectors, one at each side. 1 U 1 J B. All reflectors on the rear and those nearest to the rear on the sides, except those referred to in Subsection C of this section, shall reflect a red color; all other reflectors , except those referred to in Subsec- tion C of this section, shall reflect an amber color; provided that this requirement shall not be construed to prohibit the use of motor vehicles in combination if such motor vehicles are severally equipped with reflectors as required by Sections 12-10-1 . 20 through 12-10-1 .26 of this ordinance. C. Retroreflective surfaces, other than required reflectors, may be used, provided: (1 ) designs do not resemble traffic control signs, lights or devices, except that straight edge stripping resembling a barricade pattern may be used; (2) designs do not tend to distort the length or width of the motor vehicle; (3) such surfaces shall be at least three inches from any re- quired lamp or reflector unless of the same color as such lamp or reflector; (4) no red color shall be used on the front of any motor vehicle; and (5) no provision of t,li� subsection shall be so construed as to prohibit the use of retroreflective registration plates required by any state or local authorities. 12-10-1 .28 CLEARANCE LAMPS TO INDICATE EXTREME WIDTH, HEIGHT AND LENGTH. Clearance lamps shall , so far as is practicable, be mounted as to indicate the extreme width, height and length of the motor vehicle; except that clearance lamps on truck-tractors shall be so located as to indicate the extreme width of the truck-tractor cab. 12-10-1 .29 SIDE-MARKER LAMPS COMBINED WITH CLEARANCE LAMPS. Side-marker lamps may be combined with clearance lamps and may use the same light source. 12-10-1 .30 COMBINATION TAIL AND STOP LAMPS. Except as required by 12-10-1 . 29 of this ordinance tail lamps may be incorporated in the same housing with stop lamps so long as the requirements for each are fulfilled. 12-10-1 .31 LIGHTING DEVICES TO BE ELECTRIC. Lighting devices shall be electric, except that red liquid burning lanterns may be used on the end of load in the nature of poles, pipes, and ladders projecting to the rear of the vehicle. 12-10-1 .32 REQUIREMENTS FOR HEADLAMPS AND AUXILIARY ROAD-LIGHTING LAMPS. A. Headlamps and lamps or auxiliary road lighting lamps shall be mounted so that the beams are readily adjustable, both vertically and horizon- tally, and the mounting shall be such that the aim is not readily disturbed by ordinary conditions of service. B. Every bus, truck or truck-tractor shall be equipped with two single-beam headlamps supplemented by two auxiliary single-beam headlamps fur- nishing, respectively, an upper and lower distribution of light, also selectable at the driver's will . C. Headlamps shall be constructed and installed so as to comply with the provisions of Sections 12-10-1 .39 through 12-10-1 .41 of this ordinance. 12-10-1 .47 STOPPED VEHICLES NOT TO INTERFERE WITH OTHER TRAFFIC. No motor vehicle shall be stopped, parked, or left standing, whether atteride� or unat- tended, upon the traveled portion of any street outside of a business or residence district, when it is practicable to stop, park, or leave such vehicle off the traveled portion of the street. In the event that conditions make it impracticable to move such motor vehicle from the traveled portion of the street, the driver shall make every effort to leave all possible width of the street opposite the standing vehicle for the free passage of other vehicles and he shall take care to provide a clear view of the standing vehicle as far as possible to the front and rear. 12-10-1 .48 EMERGENCY SIGNALS--DISABLED VEHICLE. Whenever any motor vehicle is disabled upon the traveled portion of any street or the shoulder thereof, when lighted lamps are required, except where there is sufficient street light- ing to make it clearly discernible to persons and vehicles on the street at •a distance of five hundred feet, the following requirements shall be observed: A„ The driver of such vehicle shall immediately place on the trav- eled portion of *the street at the traffic side of the disabled vehicle, a lighted fusee and a lighted red electric lantern, or a red emergency reflector. B. Except as provided in Subsections C and D of this section, as soon thereafter as possible, but in any event within the burning period of the fusee, the driver shall place three liquid-burning flares or pot torches, or three red emergency reflectors on the traveled portion of the street in the following order: (1 ) one at a distance of approximately one hundred feet from the disabled vehicle in the center of the traffic lane occupied by such vehicle and toward traffic approaching in that lane; (2) one at a distance of approximately one hundred feet in the opposite direction from the disabled vehicle in the center of the traffic lane occupied by such vehicle; and (3) one at the traffic side of the disabled vehicle, not less than ten feet to the front or rear thereof. If a red electric lantern or red emergency reflector has been placed on the traffic Side of the vehicle in ac- cordance with Subsection A of this section, it may be used for this purpose. C. If disablement of any motor vehicle shall occur within five hundred feet of a curve, crest of a hill , or other obstruction to view, the driver shall so place the warning signal in that direction as to afford ample warning to other users of the street, but in no case less than one hundred feet nor more than five hundred feet from the disabled vehicle. D. If gasoline or any other flammable or combustible liquid or gas seeps or leaks from a fuel container of a motor vehicle disabled or oth- erwise stopped upon a street, no emergency warning signal producing a flame shall be lighted or placed except at such a distance from any such liquid or gas as will assure the prevention of a fire or explosion. 12-10-1 .49 NON-EMERGENCY SIGNALS--STOPPED OR PARKED VEHICLES. Whenever for any cause other than disablement or necessary traffic stops , any motor vehicle is stopped upon the traveled portion of any street, or shoulder thereof, s during the time lights are required, except where there is sufficient street lighting to make clearly discernible persons and vehicles on the street at a distance of five hundred feet, the following requirements shall be observed: A. The driver of such vehicle shall immediately place on the trav- eled portion of the street at the traffic side of the vehicle, a lighted fusee and a lighted red electric lantern, or a red emergency reflector. B. If the stop is to exceed ten minutes, the driver shall place emergency signals as rPnirirPd and in the manner prescribed by Section 12-10-1 .48 of this ordinance. 12-10-1 . 50 EMERGENCY SIGNALS--FLAME PRODUCING. No driver shall attach or permit any person to attach a lighted fusee or other flame producing emer- gency signal to any part of a motor vehicle. 12-10-1 . 51 EMERGENCY SIGNALS--DANGEROUS CARGOES. No driver shall use or permit the use of any flame producing emergency signal for protecting any motor vehicle transporting explosives, any cargo tank motor vehicle used for the transportation of any flammable liquid or flammable compressed gas, whether loaded or empty; or any motor vehicle using compressed gas as a motor fuel . In lieu thereof, red electric lanterns or red emergency reflectors shall be used, the placement of which shall be in the same manner as prescribed in Sec- tion 12-10-1 .48 of this ordinance. 12-10-2 TRANSPORTING OR HANDLING EXPLOSIVES OR DANGEROUS ARTICLES. ( A. Any person operating any vehicle transporting explosives or y other dangerous articles, as defined in the New Mexico Motor Vehicle Code, as cargo upon a street shall comply with the provisions of Sections 66-3-858 through 66-3-873 NMSA 19 78 with respect to marking of vehicles. B. No motor vehicle transporting any explosive or any other dan- gerous article shall be left unattended upon any street in any residence or business district except when the driver is engaged in the performance of normal operations incident to his duties as an operator of the vehicle to which he is assigned; provided, however, the chief of police may except any street in any business district from the operation of this subsection. C. Drivers of motor vehicles transporting explosives, inflammable liquids, or inflammable, noxious, or toxic compressed gasses in cargo tanks, shall avoid, so far as practicable, driving into or through congested streets, places where crowds are assembled and dangerous crossings. So far as practi- cable this shall be accomplished by prearrangement of routes. D. No blasting caps or other materials designed and used for det- onating charges or explosives may be transported in or on a vehicle with any explosive. E. The administrator shall enforce such rules and regulations adop- ted and promulgated by the director with respect to the transportation of compressed gasses and corrosive liquids by tank vehicle upon the public streets. C� I 1.2_-_l0_-3 R_EGU_LATING THE KINDS AND CLASSES OF TRAFFIC ON THE STREETS. 12-_10-3. 1 RESTRICTIONS UPON USE OF STREETS R`r CERTAIN VEHICLES. A. The administrator may determine ;,d designate those heavily traveled streets upon which shall be prohibited the use of the street by motor- driven cycles, bicycles , horse-drawn vehicles or other non-motorized traffic and shall erect appropriate signs giving notice thereof. B. When signs are erected giving notice of the restrictions, no person shall disobey the restrictions stated on the signs. 12-10-3.2 MINIMUM VEHICLE SIZE. A. It is unlawful to operate on the streets of this municipality any motor vehicle: (1 ) with a wheelbase, between two axles, of less than three [3] Feet seven [7] inches ; (2) any motorcycle with less than a twenty-five [25] inch seat height measured from the ground to the lowest point on top of the seat cushion, without a rider. B. For the purpose of this section, wheelbase shall be measured upon a straight line from center to center of the vehicle axles. 12-10-3.3 PROJECTING LOADS ON PASSENGER VEHICLES. No passenger-type ve- hicle, except a motorcycle, shall be operated on any street with any load carried thereon extending beyond the line of the fenders on the left side of the vehicle nor extending more than six [6] inches beyond the line of the fend- ers on the right side of the vehicle. 12-10-3.4 SPECIAL PROJECTING LOAD LIMITS. The load upon any vehicle op- erated alone or the load upon the front vehicle of a combination of vehicles shall not extend more than three feet beyond the foremost part of the vehicle:, and the load upon any vehicle operated alone or the load upon the rear vehicle of a combination of vehicles shall not extend more than seven feet beyond the rear of the bed or bony of such vehicle. 12-10-3.5 TRAILERS AND TOWED VEHICLES. A. When one vehicle is towing another the drawbar or other connec- tion shall be of sufficient strength to pull all weight towed thereby. When a combination of vehicles are engaged in transporting poles, pipe, machinery or other objects of structural nature which cannot readily be dismembered , thl- load shall be distributed so as to equalize the weights on the axle of each vehicle insofar as possible. B. When one vehicle is towing another and the connection consists of a chain, rope or cable, there shall be displayed upon such connection a white flag ur cloth not less than twelve inches square. 12-10-3.6 WIDTH OF VEHICLES. A. The total outside width of any vehicle or the load thereon shall not exceed eight feet, except as otherwise provided in this section. B. The maximum width from the outside of one wheel and tire to the outside of the opposite wheel and tire shall not exceed eight feet six inches where pneumatic tires are used, but in such event, the outside width of the body of such vehicle or the load thereon shall not exceed eight feet, not including weavil pin holders, hinges, clearance lights and safety devices, provided they shall not extend more than three inches on either side of the body. 12-10-3. 7 HEIGHT AND LENGTH OF VEHICLES AND LOADS. A. No vehicle, including any load thereon, shall exceed a height of thirteen feet six inches. B. No vehicle, including any load thereon, shall exceed a length of forty feet extreme over-all dimension, exclusive of front and rear bumpers, except when operated in combination with another vehicle as provided in Sub- section C of this section. C. No combination of vehicles coupled together shall consist of more than two units, except that a truck tractor and semi-trailer will be per- mitted to pull one trailer and, excepted further, that a truck equipped with a fifth wheel trailering device may pull two units, provided that the middle unit shall be a travel or recreational trailer which shall be connected to the truck by the fifth wheel trailering device and the other a trailer which shall be at least one foot, but not more than thirteen feet six inches , high, or more than eight feet wide, and equipped with tail lights, signal lights and stop lights and provided further that the combined gross weight of the towed units shall not exceed the manufacturer's stated .gross weight of the towing unit or seventy-five percent of the manufacturer's stated gross vehicle weight of the towing unit, whichever is greater, and that a double or triple saddle-mount, or fifth wheel of vehicles in transit by driveaway-towaway methods will be permitted. However, any saddle-mount combination of vehicles must comply with the rules, regulations anti standards of the United States department of transportation in regard to safety and no combination of vehicles, including any load thereon, shall exceed an over-all length of sixty-five feet, exclusive of the front and rear bumpers. D. Subsection C of this section does not apply to vehicles and trailers operated by or under contract for municipal refuse systems. c 12-10-3.8 EXCEPTIONS ON SIZE, WEIGHT AND LOAD. The provisions of Sections 12-10-3. 1 through 12-10-3. 7 of this ordinance governing size, weight and load shall not apply to fire apparatus, road machinery engaged in street construction or maintenance, or to implements of husbandry, including farm tractors, tem- porarily moved upon a street, or to a vehicle operated under the terms of a special permit issued as herein provided. 12-10-4 BRAKE AND LIGHT CERTIFICATES (REPEALED) . 12-10-5 DISPLAY OF CURRENT VALID REGISTRATION PLATE. A. It is a violation of this ordinance for any person to park upon a public street or public parking area of this municipality any motor vehicle or trailer which does not display one or more visible current valid registration plates as required by state law. B. The registration plate shall be attached to the rear of the vehicle for which it is issued; however, the registration platE shall be at- tached to the front of a road tractor or truck tractor. The pli to shall be securely fastened at all times, in a fixed horizontal position, at a height of not less than twelve inches from the ground, measuring from the bottom- of the plate. It shall be in a place and position so as to be clearly visible, and it shall be maintained free from foreign material and in a condition to be clearly legible. C. No vehicle, while being operated on the streets of this munic- ipality, shall have displayed thereon, either on the front or the rear thereof, any license plate, including tab or sticker, other than one issued, or validated, for the current registration period, by the division or any other licensing authority having jurisdiction over the vehicle. No expired license plate, tab or sticker shall be displayed on such vehicle. D. Nothing contained herein shall be construed as prohibiting the use. on the front of the vehicle, of a promotional or advertising plate. E. Any police officer may, upon discovering that the registration plate of any vehicle is illegible because of wear or damage or other cause, issue a citation to the owner or operator of the vehicle, which citation shall provide that such owner shall , within thirty days from the date of the citation, apply for and nhtain a duplicate or replacement plate from the division. F. Any motor vehicle owner who has been issued a citation for an illegible registration plate and who fails to comply with the terms of the citation requiring the acquisition of a duplicate or replacement plate within thirty days of the date of the citation is guilty of a misdemeanor. 12-10-6 EVIDENCE OF REGISTRATION TO BE SIGNED AND EXHIBITED ON DEMAND. Every owner, upon receipt of registration evidence, shall write his signature thereon in a space provided. Every such registration evidence or duplicates thereof validated by the division shall be exhibited upon demand of any police officer. i ARTICLE XII PENALTIES AND PROCEDURES ON ARREST 12-12-1 Penalties 12-12-2 Forms and Records of Traffic Citations and Arrests 12-12-3 Conduct of Arresting Officer--Notices by Citation 12-12-4 Uniform Traffic Citation Is Complaint 12-12-5 Arrest without Warrant 12-12-6 Immediate Appearance before Magistrate 12-12-7 Failure to Obey Notice to Appear 12-12-8 Arresting Officer to Be in Uniform 12-12-9 Disposition and Records of Traffic Citations 12-12-10 Illegal Cancellation--Audit of Citation Records 12-12-11 Abstract of Traffic Cases--Report on Convictions 12-12-12 Citation on Illegally Parked Vehicle 12-12-13 Failure to Comply with Traffic Citation Attached to Parked Vehicle 12-12-14 Presumption in Reference to Illegal Parking 12-12-15 When Warrant to Be Issued 12-12-16 Disposition of Traffic Fines and Forefeitures 12-12-17 Official Misconduct 12-12-18 Impounding Vehicles 12-12-19 Liability for Damage 12-12-20 Sunday Actions 12-12-1 PENALTIES. A. Unless another penalty is expressly provided in this ordinance ( or as otherwise provided by state law, every person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more w than $300.00 or by imprisonment for not more than 90 days or by both such fine and imprisonment. 12-12-•2 FORMS AND RECORDS OF TRAFFIC CITATIONS AND ARRESTS. A. The municipality shall provide books to include— uniform traffic citation forms authorized by state law for notifying alleged violators to appear and answer to charges of violating traffic ordinances in the municipal court. B. The municipality shall issue uniform traffic citation books to the chief of police or his authorized agent and shall maintain a record of every book issued and shall require a written receipt for every book. C. The chief of police shall keep a record and require a receipt for each serially numbered citation issued to individual officers. 12-12-3 CONDUCT OF ARRr,c,iING OFFICER--NOTICES BY CITATIONl. A. ' Except as provided in Section 12-12-5, unless a warning notice is given, �,.�enever a person is arrested for any violation of this ordinance or other law relating to motor vehicles punishable as a misdemeanor, the ar- resting officer, using the uniform traffic citation, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the arrested person sign the agreement to appear as specified, give a copy of the citation to the arrested person and release him from custody. B. The arresting officer may issue a warning notice, but shall fill in the information section of the uniform traffic citation and give a copy to the arrested person after requiring his signature on the warning notice as an acknowledgment of receipt. No warning notice issued under this section shall be used as evidence of conviction for purposes of suspension or revocation of license C. In order to secure his release, the arrested person must give his written promise to appear in court or acknowledge receipt of a warning notice. D. Any officer violatina this section is quiltv of misconduct in office and is subject to removal . 12-12-4 UNIFORM TRAFFIC CITATION IS COMPLAINT. The uniform traffic citation used as a notice to appear is a valid complaint, though not verified, in the event the person receiving it voluntarily appears in court. 12-12-5 ARREST WITHOUT WARRANT. A. Members of the municipal police force may arrest' without warrant any person: (1 ) present at the scene of a motor vehicle accident; Mon a street when charged with theft of a motor vehicle; charged with crime in another jurisdiction, upon receipt of a message giving the name or a reasonably accurate description of the person wanted, the crime alleged and a statement he is likely to flee the jurisdiction of the state; (4) charged with driving while under the influence of intox- icating liquor or narcotic drugs; (5) charged with failure to stop in the event of an accident causing death, personal injuries or damage to property; (6) charged with reckless driving; (7) the arresting officer has good cause to believe has com- mitted a felony; or (8) who refuses to give his written promise to aooear in court or acknowledge receipt of a warning notice. B. To arrest without warrant, the arresting officer must have rea- sonable grounds, based on personal investigation which may include information from eyewitnesses, to believe the person arrested has committed a crime. C. Members of the municipal po'iice force may not make arrests for traffic violations if not in uniform; however, nothing in this section shall be construed to prohibit the arrest, without warrant, by a peace officer of any person when probable cause exists to believe that a felony crime has been committed or in non-traffic cases. t" D. This section governs all police officers in making arrestst�- out warrant for violations of the New MExico Motor Vehicle Code, this ordinance and other laws relating to motor vehiclef but the procedure prescribed is not exclusive of any other method prescribed by law for the arrest and prosecution w of a person violating these laws. 12-12-6 IMMEDIATE APPEARANCE BEFORE MAGISTRATE. Whenever any person is arrested for any violation of this ordinance or other law relating to motor vehicles punishable as a misdemeanor, he shall be immediately taken before an available magistrate who has jurisdiction of the offense when that: (1 ) person requests immediate appearance; (2) person is charged with driving while under the influence of intoxicating liquor or narcotic drugs; (3) person is charged with failure to stop in the event of an accident causing death, personal injuries or damage to property; (4) person is charged with reckless driving; (5) the arresting officer has good cause to believe the person arrested has committed a felony; (6) person refuses to give his written promise to appear in court or acknowledge receipt of a warning notice; or (7) person is a nonresident. 12-12-7 FAILURE TO OBEY NOTICE TO APPEAR. A. It is a misdemeanor for any person to violate his written promise to appear in court, given to an officer anon issuance of a uniform traffic citation, regardless of the disposition of the charge for which the citation was issued. { B. A written promise to appear in court may be complied with by appearance of counsel . i 12-12-8 ARRESTING OFFICER TO BE IN UNIFORM. No person shall be arrested for violating this ordinance or other law relating to motor vehicles punishable as a misdemeanor except by a full-time, salaried peace officer who, at the time of arrest, is wearing a uniform clearly indicating his official status. 12-12-9 DISPOSITION AND RECORDS OF TRAFFIC CITATIONS. A. The disposition of traffic citations issued by a police officer to an alleged violator of any provisions of this ordinance shall be as follows: (1 ) violator' s copy, containing at least the following alter- native directions to the violator: (a) if issued as a notice to appear, signing the citation is a promise to appear in court and not an admission of guilt, failure to appear is a misdemeanor subjecting the violator to another prosecution in addition to that for the offense alleged on the citation; and (b) if issued as a warning notice, the citation does not require a court appearance, but a copy will be forwarded to the motor vehicle division of his state; (2) officer's first copy, containing a form for abstract of trial record and penalty assessment payment and directions for the officer to forward it immediately; (a) if issued as a notice to appear, to the municipal court with additional directions to the court to complete the abstract record of trial immediately following trial and forward the form to the Division of Motor Vehicles, Drivers Services Record Branch, Santa Fe; (b) if issued as a warning notice, to the Division of Motor Vehicles, Drivers Services Record Branch, Santa Fe; (3) officer's second copy, containing instructions to the of- ficer to forward immediately in every case to the Division of Motor Vehicles, Drivers Services Record Branch, Santa Fe; (4) officer' s third copy, containing spaces For the officer's notes and instructions to forward immediately to his departr+re t headquarters; and (5) court copy, containing instruction,, to the officer to for- ward in the same manner as the officer's first copy. B. Every police officer issuing a uniform tratt:c citation to an alleged violator of this ordinance or other law relating to motor vehicles shall dispose of the citation as- indicated on the back of each copy. C. Citations spoiled or issued in error shall be m,;�;ked "void" in large letters on the face, signed by the officer, and the copies disposed of as a valid warning notice. D. Upon filing of the uniform traffic citation in the municipal court, the citation may be disposed of only by trial in the court or by other official action by a judge of the court including, at the discretion of the municipal judge, forfeiture of bail or by payment of a fine to the traffic violations bureau of the court. E. The traffic violations bureau shall maintain or cause to be maintained in connection with every traffic citation a record of the disposi- tions of all citations. F. The chief of police shall maintain or cause to be maintained a record of serially numbered warrants issued by the municipal court on traffic violations charges which are delivered to the police department for service and of the final disposition of all such warrants. G. The chief of police shall issue, keep a record and require a rPr_Piot for each serially numbered citation issued to individual police officers. H. It is a misdemeanor and official misconduct for any officer or other public official or employee to dispose of a uniform traffic citation except as provided in this section. 12-12-10 ILLEGAL CANCELLATION--AUDIT OF CITATION RECORDS. A. Any person who cancels or solicits the cancellation of any uni- form traffic citation other than as provided in this ordinance is guilty of a misdemeanor. B. Every record of uniform traffic citations required in this or- dinance shall be audited monthly by the appropriate fiscal officer of this municipality. C. The fiscal officer shall publish an annual summary of all traffic violation notices issued by the traffic-enforcement agency. 12-12-11 ABSTRACT OF TRAFFIC _CASES-� REPORT f N CONVICTIONS. ' A. Every municipal judge shall keep a record of every traffic com- plaint, uniform traffic citation and other form of traffic charge filed in his court or its traffic violations bureau and every official action and dis- position of the charge by his court. B. Within ten days after disposition of every charge of violating this ordinance or other law or ordinance relating to motor vehicles, every municipal judge, including juvenile court judges, or the clerk of the court, in which disposition was made shall prepare and forward to the division an abstract of the record containing the name and address of the defendant; the specific section number and common name of the provision of the local law, ordinance or regulation under which the defendant was tried; the plea , finding of the court and disposition of the charge, including fine or jail sentence or both, forfeiture of bail or dismissal of the charge; and itemization of costs assessed to the defendant; the date of the hearing and the court' s name and address. The record must be certified as correct by the person required to prepare it. Report need not be made of any disposition of a charge of il- legal parking or standing of a vehicle except when the uniform traffic citation is used. C. When the' uniform traffic citation is used, the form of the record on the back of the officer' s first copy, containing the information required in Subsection B of this section, shall be used by the court. D. The failure or refusal of any judicial officer to comply with this section is misconduct in office and ground for removal . 12-12-12 CITATION ON ILLEGALLY PARKED VEHICLE. Whenever any motor vehicle j without driver is found parked, standing or stopped in violation of any of the restrictions imposed by this ordinance, the officer finding the vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to the vehicle a traffic citation on a form provided by the municipality for the driver to answer to the charge against him within five days during the hours and at a place specified in the citation. 12-12-13 FAILURE TO COMPLY WITH TRAFFIC CITATION ATTACHED TO PARKED VEHICLE. If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances does not appear in response to a traffic citation affixed to the motor vehicle within a period of five days, the traffic viola- tions bureau or clerk of the municipal court shall send to the owner of the motor vehicle to which the traffic citation was affixed a letter informing him of the violation and warning him that in the event the letter is disregarded for a period of five days a warrant of arrest will be issued. 12-12-14 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING. A. In any prosecution charging a violation of any ordinance gov- erning the standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of the ordinance, together with proof that the defendant named in the complaint was at the time of the parking the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, for the time during which, the violation occured. B. The foregoing stated presumption shall apply only when the pro- cedure as prescribed in Sections 12-12-11 and 12-12-12 has been followed. L- 1 i ✓ 12-12-15 WHEN WARPJ%NT TO BE ISSUED. In the event any person fails to comply with a traffic citation given to the person or attached to a vehicle or fails to make appearance pursuant to a sumnons directing an appearance in the munic- ipal court or the traffic violations bureau, or if any person fails or refuses to deposit bail as required and within the time permitted by ordinance, the clerk of the municipal court or the traffic violations bureau shall secure and issue a warrant for his arrest. 12-12-16 DISPOSITION OF TRAFFIC FINES AND FORFEITUR,:a. All fines or forfei- tures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any of the provisions of this ordinance shall be paid into the municipal treasury. 12-12-17 OFFICIAL MISCONDUCT. Failure, refusal or neglect on the part of any judicial or other officer or employee receiving or having custody of any fine or forfeiture, either before or after a deposit with the municipal +rea .Vry, shall constitute misconduct in office and shall be grounds for removal . i 12-12-18 IMPOUNDING VEHICLES. A. Members of the police department are authorized to remove a vehicle from a street to the nearest garage or other place of safety or to a garage designated or maintained by the police department or otherwise main- tained by this municipality under the following circumstances: (1 ) when a vehicle is left unattended in any place clearly marked and designated "no parking" or upon any bridge, causeway or viaduct, or in a tunnel where the vehicle constitutes an obstruction to traffic; (2) when a vehicle upon a street is so disabled as to constitute an obstruction to traffic or when the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody and removal ; (3) when a vehicle is being driven upon the street and is not in proper condition to be driven; (4) when a vehicle is left unattended upon a street and is parked illegally so as to constitute an obstruction or definite hazard to the normal movement of traffic; (5) when the driver of a vehicle is taken into custody by the police department and the vehicle would thereby be left unattended upon a street; (6) when removal is necessary in the interest of public safety because of fire, flood, storm or other emergency reason. B. Any costs incidental to removal and storage of a vehicle shall be assessed against the owner of the vehicle. C. The police officer shall obtain a receipt from the garage to which the vehicle is _el4vered, and the receipt shall indicate the date, hour and place and identification of the vehicle. D. Whenever an officer authorizes the removal of a vehicle and is able to ascertain the name and address of the owner thereof, he shall report immediately to the police department: (1 ) the police department shall give notice in writing to the owner of the fact of the removal , the reasons therefor ana the place to which the vehicle has been removed; and (2) in the event the vehicle is stored in a public garage, the officer shall issue signed and dated instructions in writing to the garage specifically stating whether the vehicle is to be held for investigation or whether it may be released to the owner after all attendant charges have been paid by the owner. E. Whenever an officer removes a vehicle from a street under this ordinance and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as herein- before provided, and in the event the vehicle is not returned to the owner within a period of three days, then the officer shall immediately send or cause 4L to be sent a written report of the removal by mail to the State Division of Motor Vehicles, and shall file a copy of the notice with the proprietor of the public garage in which the vehicle is stored. The notice shall include a complete description of the vehicle, the date, time and place from which removed, the reasons for the removal and the name of the garage or place where the vehicle is stored. F. Abandoned vehicles on private property; (1 ) Any person upon whose property or in whose possession is found an abandoned vehicle or motor vehicle, shall have authority to sell , retain, give away or dispose of the abandoned vehicle or motor vehicle to any person provided that he notifies a law enforcement agency, prior to such disposal and obtains from that agency a written clearance stating that neither the agency' s records nor the computerized records of the National Crime Information Center indicates that the vehicle or motor vehicle has been reported as stolen, and either: (a) the vehicle or motor vehicle in question regardless of its age, is either totally wrecked or in such a state of disrepair that it is suitable only for dismantling purposes; (b) the vehicle or motor vehicle in question is at least eight years of age or older; or (c) the vehicle in question has been placed in any storage or wrecker yard at the request of a law enforcement agency or a property owner upon whose property the vehicle or motor vehicle was abandoned and has remained unclaimed in said yard for a period of thirty days, in which case the owner of the storage yard may proceed to make a claim against the motor vehicle or t vehicle, as specified in Subsection C of Section 66-3-119 NMSA 1978 as though it were abandoned. Any person wishing to obtain such vehicle may not charge more than fifty cents ($.50) per day for storage unless he is licensed as a vehicle storage yard, and he must notify owners and lien-holders within thirty days or lose all rights to claim such vehicle. (2) Any vehicle which is less than eight years of age or in such a state of repair that it will be placed back into service or which is not to be used for dismantling purposes, or which a property owner wishes to retain for his own use or to sell to anyone other than a licensed dismantler, said person shall proceed to make claim for such vehicle or motor vehicle through a lien process and obtain a new certificate of title prior to disposal . (64-3-121 NMSA 1953) G. If any vehicle is about to be removed or is in process of being removed from the street and the owner of the vehicle or his agent appears and claims the vehicle and agrees forthwith to remove it from the strer,t, the ve- hicle shall be delivered to the owner or agent upon demand and upon furnishing satisfactory evidence of identity and ownership or agency: (1 ) if the owner or agent fails, refuses or neglects Lo forth- with remove the vehicle, the vehicle shall nevertheless be removed; and (2) removal by the owner or agent shall not relieve the offender from liability for any fine or penalty for the violation of any law or ordinance on account of which the vehicle was to be removed. r H. Vlhen a driver, owner or person in charge of any vehicle has received a notice to answer to a charge against him for violation of any parking provisions of this ordinance and the driver, owner or person in charge of the vehicle has failed to appear and answer the charge, members of the police de- partment or employees of this municipality acting in their official capacity may temporarily and for a period of 48 hours immobilize the vehicle when found upon a street by installing on or attaching to the vehicle a device designed to restrict the normal movement of the vehicle. (1 ) When the vehicle is so immolu?1Izo-A, the member of the police department or employee of this municipality installing or attaching the device shall conspicuously affix to the vehicle a notice in writing on a form to be provided by the chief of police advising the driver, owner or person in charge of the vehicle that the vehicle has been immobilized by this municipality for violation of this ordinance End also advising him of the provisions for release of the vehicle. (2) No person shall remove -the immobilizing device or to move the vehicle before the device is released by the police department or the clerk of the municipal court. (3) Where the vehicle has been properly immobilized as provided in this section, a fee of $10.00 shall be charged by the police department or clerk of the municipal court before releasing the vehicle. (4) Parking restrictions, if any, otherwise applicable shall not apply while the vehicle is immobilized as provided in this section. 12-12-19 LIABILITY FOR DAMAGE. A. The public highways in the municipality are dedicated to the reasonable use thereof by the public. B. It shall be unlawful for any person to injure or damage any public street or any bridge, culvert, sign, signpost, or structure upon or used or constructed in connection with any public street for the protection thereof or for protection or regulation of traffic thereon by any unusual , improper or unreasonable use thereof, or by the careless driving or use of any vehicle thereon, or by willful mutilation, defacing or destruction thereof. C. It shall be considered unreasonable use of any bridge or struc- ture to operate or conduct upon or over the same any vehicle, tractor or engine, not in accordance with Sections 66-7-401 through 66-7-416 NMSA 1978. D. It shall be considered unreasonable use of any improved roadway or street, to operate, drive or haul thereon any truck, tractor or engine in such manner or at times when the surface thereof is in a soft or plastic con- dition and the road or portion thereof has been closed pursuant to law, or by order of the administrator. E. It shall be unlawful to erect or maintain any fence or any other structure across any street, highway or roadway without written permit from the authorities having control thereof. F. The operator and the owner of such vehicle, truck, tractor or engine from whom the driver or operator has permitted possession at the time thereof shall be jointly and severally liable for the actual damage caused by the operation, conducting or hauling thereof over any public highway, street, bridge, culvert or structure in violation of any provision of this ordinance to be collected by suit brought in the name of this municipality and such ve- hicle, truck, tractor or engine may be attached and held to satisfy any judgment for such damages. G. The proceeds of any such judgment shall be paid to the treasurer r of this municipality and placed to the credit of the fund for the construction and improvement of roads and streets. 12-12-20 SUNDAY ACTIONS. Judicial proceedings under any provision of this ordinance are valid when performed on Sunday, the same as on other days of the week. lW ARTICLE XIII EFFECT AND SHORT TITLE OF ORDINANCE 12-13-1 Short Title F 12-13-2 Effect of Headings 12-13-3 Savings Clause 12-13-4 Act Not Retroactive 12-13-5 Repeal 12-13-6 Time of Taking Effect 12-13-1 SHORT TITLE. This ordinance may be cited as the New Mexico Uniform Traffic Ordinance. 12-13-2 EFFECT OF HEADINGS. Headings contained in this ordinance shall not be deemed to govern, limit, modify or in any manner affect the scope, mean- ing or intent of the provisions of this ordinance. 12-13-3 SAVINGS CLAUSE. If any part of parts of this ordinance are held to be unconstitutional Cr invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining parts of this ordinance. 12-13-4 ACT NOT RETROACTIVE. This ordinance does not have a retroactive effect and does not apply to any traffic accident, to any cause of action aris- ing out of a traffic accident or judgment arising therefrom, or to any violation of the traffic ordinance of this municipality, occuring prior to the effective date of this ordinance. 12-13-5 REPEAL. The existing ordinances covering the same matters as em- braced in this ordinance are repealed, and all ordinances or parts of ordinances 4. inconsistent with the provisions of this ordinance are repealed. 12-13-6 TIME OF TAKING EFFECT. This ordinance shall take effect on the day of i INDEX - CHAPTER 12 -A- Section 12 - ABANDONED VEHICLES Definition 1-2 Impoundment of 12-18 ACCIDENTS Arrests at scene 12-5 Debris removal 6-13.5 Disabled vehicle removal 12-18 Drivers accident files. 2-4 Duties of driver(s) involved exhibit driver's license 4-3 give identification, registration number and information to police 4-3 immediate notice to police 4-6 notify owner(s) of unattended vehicle or property 4-4, 4-5 render aid to injured 4-3 stop at scene of accident 4-1 , 4-2. 4-4, 4-5 submit written report to police 4-7 False reports 4-9 ( Investigation by Traffic Division 2-3C Involving damage to attended vehicle 4-2 damage to fixtures or other property 4-5 damage to unattended vehicle 4-4 death 4-1 personal injury 4-1 Occupants to give notice if driver unable 4-6B Police officers authority at scene of accident 3-3 investigation 4-7 reports 4-7, 4-10 Studies by Traffic Division 2-6 ACCIDENT REPORTS Confidentiality of 4-10 exceptions 4-10 Death involved 4-7 Division to tabulate and analyze 2-6 Driver required to make 4-7 Evidence, when admissable as 4-10 False reports 4-•9 -A- Section 12 - ACCIDENT REPORTS (continued) Garage owners, dealers, and wreckers required to report 4-8 Minimum amount of property damage 4-7A Personal injury involved 4-7 Police to make report of investigation 4-7, 4-10 Public inspection of 4-10 Supplemental reports 4-7E Time limits for filing 4-7 , 4-8 Use of 4-10 Where to send 4-7, 4-8 Witnesses, in-Formation of 4-7 Written reports 4-7, 4-10 ADMINISTRATOR Authority to allow, appoint, designate, establish, install , issue, or regulate Angle parking 6-6.13 Crosswalks 5-13 Curb loading zones 6-8.1 Devices indicating course for turning 6-,5.2 Exempt railroad crossings 6-7.7 Experimental regulations 2-10 Heavily travelled streets, restrictions upon 10-3.1 Minimum speed limit 6-1 .5 No-passing zones 6.,2.7 One-way streets and alleys 6-2.8 Parking, in general 6-6.1C Parking meters 9-2 Parking meter spaces 9-3 Parking meter zones 9-1 Parking restrictions and no parking zones 6-6.7 through 6-6.12 Permits for curb loading zones 6-8.2 loading or unloading at angle to curb 6-6.13 movement of hazardous or excessive size and weight vehicles 6-11 .1 public carrier stops and stands 6-9.2 Play streets 5-12 Public carrier stops and stands 6-9.1 Restricted direction of movement on streets at certain periods 6.-.2.11 Restricted turn signs 6-5.3 -A- Section 12 - ADMINISTRATOR (continued) Safety zones 5-13 School crossings 6-10 Speed limits, subject to approval 6-1 .3 Stop signs at intersections 6-3.3 railroad crossings 6-7.6 through streets 6-3.2 Temporary regulations 2-10 Through streets 6-3.1 Timing of traffic signals 6-1 .4 Traffic control devices 5-1 Traffic engineer and engineering department 2-8 Traffic lane markings 5-14 Yield signs at intersections 6-3.3 through streets 6-3.2 Definition 1-3 Duties (regarding traffic ordinance) adhere to state statutes in determination of speed limits 6-1 .3C maintain schedule of one-way streets and alleys 6-2.8 traffic control devices 5-1 in conformance with state specifications 5-2 submit schedule of speed limits to state highway commission 6-1 .3 Receives reports from traffic division - annually 2-7 traffic violations bureau - monthly 11-4 ALIGHTING FROM VEHICLE 6-13.7 ALLEY Definition 1-4 Left turn into or from 6-2.1C, 6-2. 5B, 6-2.7C One-way alleys 6-2.8, 6-2.9 Parking restricted 6-6.4 Pedestrian, yield to, when entering or emerging from 6-7.1 Stop when emerging from 6-7.1 Yield to vehicles, when emerging from 6-7.1 AMBULANCE (see Authorized emergency vehicle) ANGLE PARKING 6-13 -A- Section 12 - ANIMALS ON STREETS 6-13.10A ANIMALS, persons riding 3-5, 6-13.10A ANIMALS', ridden or driven Exclusion from certain streets 6-2.16 Rules apply to 3-5 ARREST PROCEDURE Conduct of arresting officer 12-3, 12-8 Failure to obey notice to appear 12-7 Forms and records of arrests 12-2 disposition of 12-7 Issuance of citations 12-3 Penalties 12-1 Warrants, arrest without 12-5 Warrants, when to be issued 12-15 ARROWS, USE OF, TRAFFIC CONTROL SIGNALS 5-6D AUTHORIZED EMERGENCY VEHICLES 3-4 Audible signal required 34C Definition 1-5 Driver of, rights and duties 3-4 Following within 500 feet prohibited 6-12.13 Operation of 3-4 Other vehicles must pull over and stop for 6-7.4 yield to 6-7.4 Special privileges and limitations 3-4 Visual signal required, exceptions 3-4 -B- BACKING A VEHICLE, limitations on 6-12.9 BICYCLE (see also, Motorcycle) 8-1 through 8-23 Bell required 8-7B Brake required 8-7C Carrying articles while riding 8-6 Clinging to vehicle 8-4 Controlled-access streets, prohibited on 6-2.16 Dealers 8-21 Definition 1-6 Effect of regulations 8-1 Emerging from alley, driveway, private road, building 8-11 Equipment 8-7 Handlebars, one hand on 8-6 Impounding, as a penalty 8-22, 8-23 I -B- Section 12 - BICYCLE (continued) Inspection 8-18 Lamp, rear, when required 8-7A Number of persons riding on 8-3 License 8-13 through 8-20 application and fee 8-14 issuance 8-15 plate, attachment of 8-16 records 8-14, 8-21 rental agencies 8-20 replacement 8-16D requi red 8-13 transfer of ownership 8-19 Obedience to traffic-control devices 8-8 Ordinance applies to riders of 8-1 , 8-2 Parent not to authorize violation 8-1 Parking 8-9 Passengers 8-3 Path, rules apply on 8-1 Paths to be used when available 8-5 Penalties for violation 8-17, 8-23 Reflector, required 8-7B Rental agencies, duties 8-20 f Restrictions on use of certain streets 6-2.16 Riding on sidewalks 8-12 Riding on streets, restrictions 8-5 Right of way 8-11 , 8-12 Seat, use of required 8-3 Speed 8-10 Traffic ordinance applies to riders of 8-2 BLIND PERSONS, DUTY OF DRIVER TOWARD 6-12. 21 BOARDING VEHICLES 6-13.7, 6-13.8 BRAKES 10-1 . 16 BRIDGES Parking, standing or stopping on 6-6.1 Passing on approach to 6-2.5 Pedestrians on 6-14.7 Removal of parked vehicle from 12-18A BUILDING Drivers or bicycle riders must yield to pedestrians and other vehicles when entering or leaving 6-7.1 , 8-11 Stop when emerging from 6-7.1 k C ti _g_ Section 12 - BULLET, report vehicle struck by 4-8 BUS (see also School bus) Definition 1 -7 Obstruction to driver's view prohibited 6-12.10 fi Railroad crossing, stop required 6-7.7 Stopping, standing, and parking 6-9.3, 6-13.6 i BUS STOPS AND STANDS (see Public carrier stops and stands) BUSINESS DISTRICT (see also Residence district) Definition 1-8 Speed limits in 6-1 .2A s U turns prohibited 6-5.5 -C- CANCELLATION OF LICENSE (see also Revocation, Suspension) Definition 1-9 Possession unlawful 6-12.6 CARELESS DRIVING 6-12.4 CARTS, PUSH, application of traffic ordinance 3-5 CHAUFFEUR, must be licensed 6-12.5 CHEMICAL TESTS for lood alcohol level 6-12.1 Admission of results does not limit other evidence 6-12.1M Alcohol/blood ratio, presumption based on 6-12.1K Blood, qualified person to withdraw 6-12.1E Bodily substance used in tests 6-12.1B Breath test 6-12.11B, C Implied Consent Act 6-12.11B, D Law enforcement agency to pay 6-12.1 H, I Presumptions resulting from 6-12.1K Results may be used as evidence 6-12.1J Right of suspect to have: independent test 6-12.1F results of any test 6-12.1G Standard for measuring alcohol in blood 6-12.1L I -C- Section 12 - CHIEF OF POLICE Bicycles 8-13 through 8-23 Maintains records of traffic citations issued 12-2 warrants issued 12-9 CHILDREN Bicycle rules 8-1A School crossings 6-10 COASTERS, use on street restricted 3-6 COASTING PROHIBITED 6-12.12 COMBINATION, definition 1-10 CONTROLLED-ACCESS STREET Backing on, prohibited 6-12.9 Definition 1-11 Exclusion of specified traffic 6-2.16 Restricted access 6-2.15 Restrictions on use 6-2. 16 School bus, exception to overtaking and passing rule 6-7.3 CONVERTER GEAR, definition 1-12 COURTESY SIGNAL 6-5.8D COURT Accident reports, use of in 4-10 Appearance before 11-3, 12-6 Failure to appear 12-7 Fine schedule established by 11-2 Records of citations kept 12-9 Report on conviction 12-11 CROSSWALK Definition 1-13 Designation by Administrator 5-13 Drivers yield to pedestrians in green arrow 5-6. 1D green light 5-6. 1A red light, while turning on 5-6. 1F where no signal in operation 6-14.? Parking, standing, or stopping in or within 20 feet prohibited 6-6. 1A Passing vehicle stopped at 6-2.7E i -C- Section 12 - ' CROSSWALK (continued) Pedestrian crossing at other than 6-14.4 cross in right half of 6-14.3 right of way in 6-14.2 School crossings 6-10 Stop before entering crosswalk at flashing red light 5-8A red light 5-6.1 stop sign 6-4.3 yield sign 6-4.3 Unnecessary blocking 6-7.2 CURB LOADING ZONE 6-8 Angle parking 6-6.13 Definition 1-14 Designation by Administrator 6-8.1 Freight curb loading zone definition 1-26 stopping, standing, or parking in 6-8.4 Passenger curb loading zone definition 1-47 stopping, standing, or parking in 6-8.3 Permits for curb loading zones 6-8.2, 6-6.13 CURB OR EDGE OF STREET Bicycles, ride near 8-5 Drive near 6-2.1B Moving vehicle away from 6-5.7 Park near 6-6.2 Turn near 6-5.1 Turn wheels toward when -unattended 6-12.5 CURVE Appropriate speed required 6-1 .1 Driving left of center on 6-2.5 No passing 6-2.7 Turns on 6-5.6 -D- DAYTIME, definition 1-15 DEALER, definition 1-16 r � -D- Section 12 - i DRIVER (continued) i Obt.ui ence required to 3-2 i pol i ce officers traffic ordinance 3-1 � traffic-control devices 5-3 Obstructing traffic prohibited 6-6.3, 6-7.2 Obstructing view of 6-12.10 One-way streets and alleys 6-2.8 through 6-2.11 Overtaking and passing, generally 6-2.3 through 6-2.7 Parking restrictions, generally 6-6 Pedestrians (see that topic) Play streets 5-12 Precautions on approaching the blind 6-12.21 Processions 6-12.20 Public employees to obey ordinance 3-7 Racing 6-12.19 Railroad grade crossing (see that topic) Reckless driving 6-12.3 Right of way (see that topic) Right side of road 6-2.1 Safety zone 6-6.1A, 6-12.15 School bus, stop for 6-7.3 Speed restrictions, generally 6-1 Stop sign 6-4.3 Street use restrictions, generally 6-2 Turning left 6-5.1 Turning, required signals 6-5.8 through 6-5.10 Turning right 6-5.1 Unattended vehicle 6-12.8 Yield sign 6-4.3 DRIVER'S LICENSE (see License, driver's) DRIVEWAY Definition 1-52 Emerging from 6-2.1B, 6-2.5B, 6-2.7C, 6-7. 1 Parking in front of prohi h;t^d 6-6.lA Turning into 6-2.1B, 6-2.5B, 6-2.7C, 6-5.8A DRIVING ON LEFT, LIMITATIONS (see J,%j, Overtaking and passing) 6-2.3 through 6-2. 5 Approaching curve, crest, intersection 6-2.5 Four-lane streets 6-2.14 r" Section 12 - DEFINITIONS 1-1 through 1-86 DIRECTOR, definition 1-17 DISABLED VEHICLE, Removal of 12-18 DIVIDED STREETS Definition 1- . 14 Driving on 6-2 DIVISION (see Traffic Division) "DON'T WALK" 5-7 DOORS, opening and closing of 6-13.8 DOUBLE PARKING, prohibited 6-6.1A DRIVEAWAY-TOWAWAY OPERATION, definition 1-20 DRIVER (see also other specific topics) Accidents, duties of at the scene (see that topic) Accidents, written reports (see that topic) Authorized emergency vehicle driver of 3-4 operation on approach of 6-7.4 Backing limitations 6-12.9 Coasting prohibited 6-12.12 Definition 1-21 Drugs, driving while under influence of 6-12.2 Eluding a police officer . 6-12.7 Emerging from driveway, alley, building, private road 6-7.1 Following fire apparatus prohibited 6-12.13 Following too closely 6-2.13 Horn, use of 6-2.3 Intoxicating liquor, driving while under influence of 6-12.1 License required 6-12.5 Meeting another vehicle 6-2.2 Motorcycles 7-1 through 7-10 Multiple-beam head lamps, use of 10-1 .6 I -D- Section 12 - DRIVING ON RIGHT (see Overtaking and passing) 6-2.1 , 6-2.6 DRUGS Arrest for driving while under influence of 6-12.2 Habitual users, driving by, prohibited 6-12.2 Riding with person under influence of drags 6-13.1 DRUNK DRIVING WHILE (see Intoxicating liquor, driving while under the influence of) -E- EDGE OF STREET (see Curb) EFFECTS OF HEADINGS AND CAPTIONS 13-2 EFFECTIVE DATE 13-6 ELUDING A POLICE OFFICER PROHIBITED 6-12.7 EMBLEM, SLOW-MOVING VEHICLE 6-11 .2 ( EMERGENCY REGULATIONS 2-10 EMERGENCY VEHICLE (see Authorized emergency vehicle) EMERGING FROM ALLEY, DRIVEWAY, OR BUILDING 6-7.1 ENFORCEMENT OF ORDINANCE 3-3 ENGINEER (see Traffic engineer) ENGINEERING (see Traffic engineering department) EQUIPMENT Additional equipment not prohibited 10-1 .1B Bicycle 8-7 Brake and light certificate 10-4 Brakes 10-1 .16 Emergency equipment and signals 10-1 .14, 10-1 .17 10-1 .48, 10-1 .50 10-1 .51 Emission control devices 10-1 .10 Exceptions to equipment regulations 10-1 .10 L� r -E- Section 12 EQUIPMENT (continued) Flags 10-1 .11 Horn and warning devices 10-1 .17 Inspection by police officer 10-1 .2 Lamps and other lighting devices 10-1 .3 through 10-1 .7 10-1 .11 , 10-1 .20 through 10-1 .45 Mirrors 10-1 .18 Motorcycles eye protection devices 7-5 footrests 7-7 handlebars 7-7 helmets 7-6 seat 7-4 Muffler 10-1 .10 Reflectors and other lighting devices 10-1 .8, 10-1 .21 through 10-1 .27 Safe operating condition required 10-1 .2 Signal and stop lamps 10-1 .9 Tire restrictions 10-1 .15 Vehicles without safe 10-1 .1 , 10-1 .2 Windshield wipers 10-1 .12 EXPLOSIVES (OR DANGEROUS ARTICLES) Definition 1-23 Transporting 10-2 Vehicle stops - exceptions 6-7.7 EXPERIMENTAL REGULATIONS. 2-10 -F- FALSE ACCIDENT REPORT 4-9 FARM TRACTOR, definition 1-24 FIRE DEPARTMENT OFFICERS, authority of 3-4 FIRE HOSE CROSSING, prohibited 6-12.4 FLAMMABLE LIQUID, definition 1-25 FLEEING A POLICE OFFICER, prohibited 6-12.7 } -F- Section 12 - FOLLOWING FIRE APPARATUS, prohibited 6-12.13 FOLLOWING TOO CLOSELY 6-2.13 FORMS Accident reports 4-7 Dealers ' and wreckers' records 4-8 Uniform traffic citation 12-2 through 12-4 FREIGHT CURB LOADING ZONE, definition 1-26 FUNERAL PROCESSIONS (see Processions) -G- GARAGES Removal of vehicle, to 12-18 Report required for accident-involved vehicle 4-8 unclaimed vehicle 12-18 GLARING HEAD LIGHTS PROHIBITED 10-1 .5E l GLASS ON STREET 6-13.5 GREEN LIGHT (see Traffic-control signal legend) -H- HAND AND ARM SIGNALS 6-5.9, 6-5.10 HANDLEBARS, MOTORCYCLE 1-7 HAZARDOUS MATERIALS, TRANSPORTATION OF 10-2 HAZARDOUS VEHICLES Escort to be furnished 6-11 .3 Permit for moving 6-11 .1 HEAD LAMPS (see Lamps) HEADINGS, EFFECT OF 13-2 HEIGHT RESTRICTIONS ON VEHICLES 6-11 .1 -H- Section 12 { HILLS Appropriate speed required 6-1 .1 Coasting prohibited 6-12.12 Driving on left, limitation 6-2.5 Turn wheels toward curb on 6-12.8 Turning on, limitation 6-5.6 HIT AND RUN (see Accidents, duties at scene) HITCHHIKING 6-14.6 HORNS AND AUDIBLE WARNING DEVICES Authorized emergency vehicles 34C Bicycles 8-7 Equipment requirements 10-1 .17 Use as warning to pedestrians 6-14.9 vehicles being passed on left 6-2.3 Use on non-official vehicles 10-1 .14 HORSES Controlled-access street restrictions 6-2.16 Pulling vehicles 3-5 Rider to obey ordinance 3-5 Streets, use of by 6-13.9 HOUSE TRAILER Definition 1-27 Permit for moving 6-11 .1 • Riding in while moving 6-13.9 Special equipment 10-1 . 11 , 10-1 .23, 10-1 .24 -I- IMPLEMENT OF HUSBANDRY, definition 1-28 IMPLIED CONSENT ACT 6-12.1 B, D IMPOUNDING BICYCLES 8-22, 8-23 IMPOUNDING VEHICLFS 12-16 INJURIOUS MATTER ON STREET 6-13.5 INSPECTION OF VEHICLES 10-1 .2B i -I- Section 12 - INTERSECTION Crosswalk (see that topic) Definition 1-29 Diagonal crossing of by pedestrians 6-14.4 Driving on left, restrictions 6-2.5A, 6-2.7E Passing in 6-2.5, 6-2.7E Pedestrians control signals 5-7, 6-14.1 diagonal crossing of, when permitted 6-14.4D obey traffic-control signals at 5-6.1 , 6-14.1 right of way in 6-14.2 use crosswalks when controls are adjacent 6-14.1 Right of way at authorized emergency vehicle 3-4 controlled intersection flashing yellow light 5-8 green light 5-6.1 pedestrians 5-6.1 , 6-14.2 preferential right of way 6-4.3A stop sign 6-4.3B .yield sign 6-4.3C left-turning vehicle 6-4.2 uncontrolled intersection 6-4.1 Safety zones 5-13 Speed in basic speed rule 6-1 .1 establishing limits 6-1 .2, 6-1 .3 Stop before entering for flashing red light 5-8 red light 5-6.1 stop sign 6-3, 6-4.3B yield sign 6-3, 6-4.3C Stop clear of, for emergency vehicle 6-7.4 "Stop" intersections 6-3.2, 6-3.3, 6-4.3 Stopping, standing or parking within, prohibited 6-6.1A within 20 feet prohibited 6-6.1A Stop when traffic obstructed in 6-7.2 Traffic-control signals at 5-6 through 5-8 Turnii,g at left turn, yield right of way 6-4.2 proper position and course 6-5.1 reasonable safety required 6-5.8 through 6-5.10 signal required 6-5.8 through 6-5. 10 Vehicle within, yield to 6-4.1 "Yield" intersection 6-3.2, 6-3.3 1 Section 12 - INTERSTATE HIGHWAY, definition 1 -30 INTOXICATING LIQUOR Driving while under the influence of 6-12.1 Minors-possession of while operating a motor vehicle 6-13.11 Riding with person under the influence of 6-13.1 ISLANDS Divided street 6-2.14 Rotary traffic 6-.2.10 -K- KEY, ignition, remove from unattended vehicle 6-12.8 -L- LAMPS ON VEHICLES (see also Flares, Reflectors) Additional lamps 10-1 .1B, 10-1 .38 Alternate road lighting equipment 10-1 .42 Auxiliary road lighting equipment 10-1 .32 Back-up lamps 10-1 .7 Bicycle lamps 8-7A Clearance and sidemarker lamps color of 10-1 .21 combinations of 10-1 .29 indicate dimensions of vehicle 10-1 .28 mounting of 10-1 .27 requirements for 10-1 .33 Combination stop and tail lamps 10-1 .30 Dimming of lamps required 10-1 .6 Driving lamps '10-1 .3 through 10-1 .9 Electric lamps required 10-1 .31 Farm tractors 10-1 .1C Flashing lamps authorized emergency vehicle 3-4 school bus 6-7.3 turn signals 6-5.8, 6-5.9 Head lamps height limitations 10-1 .4, 10-1 . 5C multiple beam 10-1 .6 f.;-1 .39, 10-1 .40 number required or permitted 10-1 .5A ,B 10-1 .43 requirements 10-1 .32 single beam equipment 10-1 .40 time when must be lighted 10-1 .3 Section 12 - LA14PS ON VEHICLES (continued) Lighted, time required 10-1 .3 Obstructed lights 10-1 .34 Parked vehicles 10-1 .35 Projecting load, lamps required 10-1 .11 Proper condition and adjustment required 10-1 .4 Restrictions, special 10-1 .44 Special vehicles, lamps on 10-1 -7, 10-1 .22 through 10-1 .26, 10-1 .35, 10-1 .45 Spot lamps 10-1 .37 Stop lamps 10-1 .9, 10-1 .37 Tail lamps 10-1 .7 Turn signal lamp 6-5.8, 6-5.9 Visibility distance requirements 10-1 .3, 10-1 .4 bicycles 8-7A head lamps 10-1 .4, 10-1 .5 motorcycles 10-1 .4 projecting load, lamp on 10-1 .1 stop lamps 10-1 .9 tail lamps 10-1 .7 turn signal lamps 6-5. 9, .10-1 .4 LANE Authority to designate 5-14A Center, in three-lane street 6-2.12(1 ) Changing lanes prohibited by devices 6-2.12 signal required 6-2.12 Direction-control signals 6-2.1 , 6-2. 12 Drive within one lane 5-14.6, 6-2.12 Motorcycles 7-2 driving between, prohibited 7-2C entitled to full use of 7-2A passing restrictions 7-2B two abreast in 7-2D Proper turning position in 6-5.1 Return to authorized lane after passing 6-2.4 Reversible flow of traffic in 6-2. 1 , 6-2.12 Right hand, use of required 6-2.1 , 6-?.6 Truck and slow moving vehicle 6-2.1 , 6-2.12 Turns, proper position and course for left 6-5.1 LANED STREET OR ROADWAY Definition 1 -31 Drive in one lane 6-2. 12 Four-lane streets 6-2. 1C } -L- Section 12 - r LANED STREET OR ROADWAY (continued) Lane restrictions changing may be prohibited 6-2.12 use of designated 6-2.12 Motorcycle operation on 7-2 Restricted direction of movement during certain periods 6-2.11 Three-lane streets 6-2.2 LANES, AUTHORITY TO MARK 5-14 LAW ENFORCEMENT OFFICER (see Police officer) LEFT SIDE, driving on (see also Overtaking and passing) 6-2.3 through 6-2.5 LEFT TURN Center of intersection, go left of 6-5.1 Course to follow within intersection 6-5.1 Divided streets, on 6-2.14 Excepted from driving on left side prohibition 6-2.3 through 6-2.5 requirements to keep right 6-2.1 , 6-2.6 restrictions in no-passing zones 6-2.7 using right lane 6-2.1 Passing to right of vehicle making 6-2.6 Red light, on 5-6C Required position and method of alteration of by devices 6-5.2, 6-5.3 general rule for 6-5.1 Right of way at intersection 6-4.2 Three-lane street 6-2.12 Turn signal required duration of 6-5.8 method of giving electric signal lamps 6-5.9 hand and arm 6-5.9, 6-5. 10 U turns 6-5.5 LEGEND (see Traffic-control signal ) LICENSE, DRIVER 'S Definition 1-22 Display license upon request 6-12.5 Driving while license suspended or revoked 6-12.6 Exhibition'of at scene of accident, required 4-3 cancelled or suspended license 6-12.6 license of another 6-12.6 required upon demand 6-12.5 r Section 12 - r LICENSE, DRIVER'S (continued) Nonresidents 6-12.5 Permitting driving by person not properly licensed 6-12.23 Permitting unauthorized person to drive 6-12.6 Possession of, required 6-12.5 Restrictions on 6-12.5 Revocation 6-12.6 Suspension 6-12.6 Unlawful use of license 6-12.6 LICENSE FOR BICYCLES 8-13 through 8-23 LICENSE TO OPERATE A MOTOR VEHICLE, definition 1-32 LOADING AND UNLOADING Angle parking, permits for 6-6.13B curb loading zone 6-8 freight curb loading zone 6-8.4 passenger curb loading zone 6-8.3 LOADING ZONE (see Curb loading zone) LOAD RESTRICTIONS UPON VEHICLES USING CERTAIN STREETS 6-11 , 10-3.3, 10-3.4, 10-3.5 MARKINGS, STREET (see also Official traffic-control devices, laned street) Constitute official traffic-control devices 5-2 through 5-4 Crosswalks 3-13 No-passing zones 6-2•7 Obedience to 5-3 Safety zones 5-13 Stop line 6-4.3D Traffic lanes 5-14 Unauthorized 5-10 METAL TIRES Definition 1-33 Restrictions against 10-1 .15 METERS (see Parking meters) MOBILE HOME (see House trailer) Definition 1-34 -M- Section 12 - t } MOPED Application of Motor Vehicle Code 7-10 Definition 1-35 Operator requirements 7-10 Standards 7-10 MOTORCYCLES (see also Off-highway motorcycles, Moped) Carrying articles in hand prohibited 74C Clinging to other vehicles prohibited 7-3 Definition 1-36 Director of Motor Vehicle Division to approve equipment 7-5, 7-6 Driver' s license required 5-12.5 Eye protection for operator required 7-5 Footrests for passenger 74B, 7-7A Handlebars hands on (both) required 74C height regulated 7-7B Headlamps 10-1 .5 Helmet requirements 7-6 Lane, use of full width by 7-2A Lanes, driving between prohibited 7-2C Lights on, time required 10-1 .4 Maneuverability 7-8 Passengers carried on vehicle 7-46 interfering with operation of 7-4D Passing restrictions 7-2 Police officers on, excepted from certain rules 7-2 Reflectors required 10-1 .8 Seat, permanent - must be ridden on 7-4 Side-saddle, riding prohibited . 7-4 Tail lamps required 10-1 .7 Traffic ordinance applies to operators of 7-1 MOTOR DRIVEN CYCLE (see Motorcycles and Off-highway motorcycles) Definition 1-37 MOTOR SCOOTER (see Motorcycles and Off-highway motorcycles) Definition 1-36 MOTOR VEHICLE (see other topics generally) Certificate of title required 10-6 Definition 1-39 Driver's license required to operate 6-12.5 Equipment requirements 10-1 Registration required 10-6 Size and weight restrictions on 10-3 1 r _M_ Section 12 - MOTOR VEHICLE DIVISION, definition 1-19 MUFFLER REQUIRED 10-1 .10 -N- NARCOTIC DREGS, Habitual user of (see also Drugs) 6-12.2 NIGHTTIME, definition 1-40 NONMOTORIZED TRAFFIC Exclusion of on controlled-access streets 6-2.16 Obedience to ordinance required 3-5 NONRESIDENT Definition 1-41 Operating Privilege 6-12.5, 10-4 NO PASSING ZONES 6-2.7 -0- OBEDIENCE TO TRAFFIC ORDINANCE REQUIRED OF Bicycle riders 8-2 Operators of all motor vehicles 3-1 , 7-1 Persons propelling push carts or riding animals 3-5 Public employees 3-7 OBSTRUCTION Driving around 6-2.1 Stop for 6-7.2 OBSTRUCTION OF OFFICIAL TRAFFIC CONTROL DEVICES 5-11 OBSTRUCTION TO DRIVER'S VIEW OR OPERATION PROHIBITED By material on windows 10-1 . 12 By passengers 6-12. 10 OCCUPANT (see Passenger) OFF-HIGHWAY MOTORCYCLES (see Motorcycles) Accidents and accident reports 7-9.5 Definition 7-9.1 Enforcement of regulations concerning 7-9.6 Movement of adjacent to streets 7-9.3 Operation of on private lands 7-9.4 streets or highways 7-9.2 Registration 7-9.1 -0- Section 12 OFFICIAL TIME STANDARD, definition 1-42 OFFICIAL TRAFFIC CONTROL DEVICES (see also Railroad sign or signal Traffic-control signals, Markings) Advertising on, prohibited 5-10A Altering, prohibited 5-10, 5-11 Authority to install 5-1 Authorized emergency vehicle, exception 3-4 Bicycle riders obey $-8 Changing lane prohibition 6-2.7, 6-2. 12 Controlled-access street restrictions 6-2.16 Crosswalks 5-13 Curb loading zones 6-8 Defacing 5-11 Definition 1-43 Diagonal pedestrian crossing at intersection 6-14.4 Display of unauthorized advertising on 5-10B imitation or interference 5-10A public nuisance 5-I0D, 5-11D removal of 5-I0D, 5-11D Divided streets 6-2. 14 Flashing signals 5-8, 6-1 .3E railroad grade crossing 6-7.5 red 5-8A yellow 5-8A, 6-1 .3E Four-lane streets 6-2.1C Imitation prohibited 5-10 Injuring 5-11 Interference with 5-11 Knocking down, prohibited 5-11 Lane use 5-9, 6-2.11 , 6-2.12 Lane-direction control 5-1 , 6-2.11 , 6-2.12 Legibility and position essential 5-4 Load restrictions on vehicles using certain streets 10-3.1 No-passing zones 6-2.7 Obedience to required 5-3, 5-6 One-way traffic 6-2.8 through 6-2.11 Parking restrictions 6-6.1 , 6-6.7, 6-6.9, 6-6.11 , 6-6.13 Pedestrian control signals 5-7, 6-14.1 diagonal crossing by 6-14.4 obedience to 6-14.1 Placing and maintaining authority for 5-1 presumption of validity 5-5 unauthorized 5-10 }4 1 (" -0- Section 12 - OFFICIAL TRAFFIC CONTROL DEVICES (continued) Play streets 5-12 Private property, signs on 5-10 Prohibited devices 5-10, 5-11 Public carrier stops and stands 6-9 Railroad grade crossings 6-7.5 through 6-7.8 Removal of, prohibited 5-I0D, 5-11D Required 5-4 Size restrictions, signs designating 10-3.1 Slow moving vehicles 6-1 .2 Speed limits 6-1 Standing or parking signs 6-6 State manual and specifications, conformance to required 5-2 Stop signs 6-3.29 6-4.3, 6-3.3 Stopping, standing or parking signs 6-6 Three-lane streets 6-1 .2 Through streets 6-3.1 , 6-3.2 Traffic and engineering investigation, as basis for 2-9 Traffic control signal legend (see also general topic) 5-6 Turn restrictions 6-5.3 f Turns, pavement markings 6-5.1C Unauthorized 5-10 Weight restrictions 10-3 Yield signs 6-3.2, 6-3.3, 6-4.3 ONE-WAY STREETS AND ALLEYS Authority to designate 6-2.8 Exception to driving on right side 6-2.1C Obedience to signs indicating 6-2.9 Parking on 6-6.9 Passing on left, exception to restrictions on 6-2.1 Passing on right permitted 6-2.6 OPENING AND CLOSING DOOR 6-13.8 OPERATOR (also see Driver or License, driver's) Definition 1-44 OVERTAKING AND PASSING Center line, driving to left of 6-2.1 Duties of overtaken driver 6-2.3 Duties of overtaking driver 6-2.3 Exception to driving on right side or lane 6-2.1 , 6-2.6 Head lamp, low beam required 10-1 .6 Limitations on 6-2.4 through 6-2.7 -0- Section 12 - ' OVERTAKING AND PASSING (continued) No-passing zone 6-2.7 marked or signed 6-2.7 unmarked 6-2.7 Obstruction 6-2.1 On left 6-2.3 through 6-2.5 On right 6-2.6 Prohibitions 6-2.4, 6-2.5, 6-2.7 Rules for, general 6-2.1 through 6-2.7 School bus 6-7.3 Three-lane streets 6-2.12 Vehicles proceeding in opposite direction 6-2.2 Vehicle stopped at crosswalk 6-2.7E OWNER Abandoned vehicle, notice of removal 12-18 Accident report, when required from 4-7 Allowing unlicensed or unauthorized person to drive, prohibited 6-12.6, 6-12.23 Definition 1 -45 Operation contrary to ordinance, allowing 6-12.22 Registration required 10-5, 10-6 Size and weight limits 6-11 , 10-3 Unsafe vehicle, allowing operation of 10-1 .2 -P- PARADES (see Processions) PARENT Permitting unlicensed child to drive 6-12. 23A Responsible for bicycle violations 8-1A PARK, OR PARKING (see also Standing vehicle and Stop, stopping) 6-6 Additional parking regulations 6-6.2 Alleys, restrictions 6-6.4 All-night parking prohibited 6-6.5 Angie parking 6-6.13 Authorized emergency vehicle 3-4 Bicycles 8-9 Business or residence districts 6-6.14 Curb loading zones, parking in freight 6-8.4 passenger 6-8.3 Definition 1-46 Distance from curb 6-6.2 Divided streets 6-6.10 Double, prohibited 6-6.1A Fire, parking in same block prohibited 6-12.13 r -P Section 12 - i PARK, OR PARKING (continued) Hazardous or congested places, prohibited 6-6.11 Illegally parked vehicle citation on 12-10 failure to comply with citation on 12-11 presumption in reference to 12-12 Narrow streets 6-6.8 One-way streets 6-6.9 Parking for certain purposes prohibited 6-6.6 Prohibited in specified places 6-6. 1 Prohibitions on certain streets 6-6. 12 Regulations not exclusive 6-6.1 Removal of illegally parked vehicles 12-18 Schools, parking adjacent to 6-6.7 Starting parked vehicle 6-5.7 Time limits on certain streets 6-6.12C Traffic not to be obstructed 6-6.3 Unattended vehicle 6-12.8 Wrong way, prohibited 6-6.2 PARKING .METERS AND METERED PARKING Authority to establish parking meter zones 9-1 Deposit of coins 9-5 Installation of meters 9-2 Presumption of unlawful parking 9-8 Slugs prohibited 9-6 Spaces 9-3 Tampering prohibited 9-7 Time limits 9-4 Zones established 9-1 PASSENGER Accident, give notice of to police 4-6 Bicycle 8-3 Boarding or alighting from vehicle 6-13.7 House trailer, prohibited 6-13.9 Interfering with driver 6-12.10 Motorcycle 7-4, 7-6C Opening door 6-13.8 PASSENGER CURB LOADING ZONE (also see Curb loading zone) Definition 1-47 PEACE OFFICER (see Police or peace officer) _p_ Section 12 - PEDESTRIANS Avoid striking 6-14.8 Bicyclists may dismount and cross as 8-8 Bicyclists yield to 8-11 , 8-12 Blind pedestrians 6-12.21 Boarding or alighting from vehicle 6-13.7 Business, soliciting by 6-14.6 Control signals 5-7 Controlled-access street, prohibited 6-2.16 Crossing at other than crosswalk 6-14.4 Crosswalks authorized 5-13 drivers yield to pedestrians in 6-14.2 outside, pedestrians yield to vehicles 6-14.4 required use of 6-14.2C walk in right half of 6-14.3 Definition 1-48 "Don't Walk" 5-7 Driver to exercise due care 6-14.8 Duties of, generally 6-14 Employment, soliciting prohibited 6-14.6 Guarding vehicle, soliciting prohibited 6-14.6 Hitchhiking 6-14.6 Horn, sound when necessary 6-14.8 Intersection crosswalks at (see that topic) diagonal crossings 6-14.4D drivers to yield to pedestrians in 6-14.2A green light . 5-6 obey signals at 5-6, 5-7 pedestrian control signals at 5-7 red light 5-6 yellow light 5-6 Obedience to bridge and railroad signals 6-14.7 Obey traffic-control devices 5-6, 5-7 Overhead crossing 6-14.4B Police off-;cers may direct traffic to protect 3-3 Prohibited crossing 6-14.4 Ride, soliciting 6-14.6A Right of way in crosswalks driver to yield 6-14.2 pedestrian to yield, when 6-14.4 Right of way., outside crosswalk must yield 6-14.4 Rights of, generally 6-14 : _p_ Section 12 - PEDESTRIANS (continued) Rules apply to persons on toy vehicles 3-69 6-14 Running into path of vehicle 6-140 2B Safety zones 5-13 Sidewalks, use when available 6-14.5 Speed, reduce for 6-14.8 Street standing in to solicit 6-14.6 walking along 6-14.5 Subject to traffic ordinance 6-14.1 Traffic control signals drivers yield to pedestrians 5-6 flashing lights, generally 5-8 green light 5-6 green arrow turn 5-6 obedience to 5-6, 5-7 pedestrian-control signals 5-7 red light 5-6, 5-8 yellow light 5-6, 5-8 Tunnel 6-14.4B Vehicle emerging from alley or driveway, must yield to 6-7.1 "Wait" 5-7 { "Walk" 5-7 Walking on street 6-14.5 Working on street 3-7 Yield right of way outside crosswalks 6-14.4 PENALTIES Bicycle riders 8-23 General 12-1 PERMITS (see also License, driver's) Angle loading or unloading 6-6.13 Curb loading zones 6-8.2 Moving excessive size and weight vehicles 6-11 .1 Processions 6-12.20 Public carrier stops and stands 6-9.2 PERSON, definition 1-49 PLAY STREETS 5-12 POLE TRAILER, definition 1-50 .}, _p_ Section 12 POLICE DEPARTMENT (see also Traffic division) Accident and accident reports 4-1 through 4-10 Bicycle licensing 8-13 through 8-20 Enforcement of traffic ordinance 3-3 Parades and processions, permits for 6-12.20 R%;cords of traffic violations, maintains 2-4 Traffic division established within 2-1 POLICE OR PEACE OFFICER Accident investigation 4-7F Arrest powers and procedures 12-3, 12-5, 12-8 Authority of 3-3 Authorized emergency vehicle, operation by 3-4, 6-7.4 Chemical test at request of 6-12.1 Definition 1-51 Disposition of traffic citations issued by 12-9 Driver's license, exhibit to on request 6-12.5 Eluding or fleeing from 6-12.7. Motorcycle passing rules, exceptions for 7-2 Obedience to required 3-2 Official misconduct 12-17 Power to override traffic-control devices 5-3 Registration certificate, display 10-6 Removal of vehicle by 12-18 Stopping, standing, and parking restrictions can be altered by temporarily 6-6.1 POLICE VEHICLES (see Authorized emergency vehicle) PRESUMPTIONS Abandoned vehicle 12-18 Chemical test 6-12.1 Failure to yield right of way 6-4.3 Traffic-control devices, concerning 5-5 Unlawful parking 9-8, 12-14 PRIVATE PROPERTY Obstructions of traffic-control devices on 5-11 Signs 5-10 PRIVATE ROAD OR DRIVEWAY Definition 1-52 Emerging from 6-7.1 Parking in front of prohibited 6-6.1 Turning into 6-5.8 excepted from restrictions against driving on left side 6-2.1 , 6-2.5, 6-2.7 -P- Section 12 - PROCEDURE UPON ARREST (see Arrest procedure) ` PROCESSIONS 6-12.20 PUBLIC CARRIER STOPS AND STANDS 6-9 Administrator to designate 6-9.1 Fees 6-9.2 Parking, stopping, and standing of buses and taxicabs 6-9.3 Permits 6-9.2 Restricted use by other vehicles 6-9.4 PUBLIC EMPLOYEES AND OFFICERS (OBEDIENCE TO TRAFFIC ORDINANCE REQUIRED ) 3-7 Official misconduct 12-17 PUBLIC HOLIDAYS, definition 1-53 PUSH CARTS, APPLICATION OF TRAFFIC ORDINANCE 3-5 -R- RACING PROHIBITED 6-12.19 RAILROAD, definition 1-54 RAILROAD GRADE CROSSING All vehicles to stop at certain crossings 6-7.6 Certain vehicles to stop at all crossings 6-7.7 exception 6-7.7B passenger vehicle for hire 6-7.7 school bus 6-7.7 vehicle carrying explosives or flammable liquids 6-7.7 Driving through gate prohibited 6-7.58, Flagman 6-7.5 Flashing signals 6-7.5 Moving heavy equipment, special precautions at 6-7.8 Overtaking and passing at 6-2.5 Parking within 50 feet of prohibited 6-6.1 Signal indicating approach of train, obedience to 6-7.5 Speed, appropriate required 6-1 .1 Stop signs at 6-7.6 Stopping on, prohibited 6-6.1 Traffic-control signals at 6-7.5 r -R- Section 12 - RAILROAD SIGNS AND SIGNALS Definition 1-55 Flashing signals 6-7.5 Injuring or removing, prohibited 5-11 Interference with, prohibited 5-11 Obedience to, required 5-3, 6-7.5 Pedestrian compliance with 6-14.7 Unauthorized, prohibited 5-10 RAILROAD TRAIN Blocking streets restricted 6-13.6 Definition 1-56 RECKLESS DRIVING 6-12.3 RECORDS (see also Reports) Accident reports 2-5, 4-7 through 4-10 Audit of traffic citation records 12-10 Bicycle licenses 8-15C Court, record of convictions 12-11 Traffic citations, warrants, and complaints 2-4, 12-2 through 12-16 Traffic violations 2-4 Traffic violations bureau 11-4 RECREATIONAL VEHICLE, definition 1-57 RED LIGHT (see Flashing lights, Lamps, Traffic-control signal, legend) REFLECTORS (see also Equipment, Lamps) Bicycles, when required 8-7 Motor vehicles, required 10-1 .8, 10-1 .21 through 10-1 .27 REGISTRATION NUMBER, definition 1-58 REGISTRATION PLATE Certificate of to be in possession 10-6 Plates to be displayed 10-5 REPORTS Accidents 2-5, 4-7 through 4-10 Bicycle dealers 8-21 Convictions by court 12-11 Traffic safety reports 2-6 RESIDENCE DISTRICT (see also Business district) Definition 1-60 Speed limits in 6-1 .29 6-1 .3 -R- Section 12 - REVOCATION OF LICENSE TO DRIVE Definition 1-61 Display of revoked license 6-12.6 RIDING UPON VEHICLE, UNLAWFUL 6-13.2 RIGHT OF WAY Authorized emergPnc_v vehicle 3-4, 6-7.4 Bicycle on sidewalks 8-12 Crosswalk, yield to pedestrian in 6-14.2 Definition 1-62 Flashing signals 5-8 Green light, when yielding required 5-6.1 Intersection, stop clear of for emergency vehicle 6-7.4 Intersection, two vehicles approaching 6-4.1 Intersection, yield to traffic in, on green and red light 5-6.1 Left, driver on, yield to one on right 6-4.1 Left turning driver to yield 6-4.2 Obstruction, driving around 6-2.1 Pedestrian in crosswalk 6-14.2 Pedestrian not in crosswalk 6-14.4 Pedestrian on sidewalk 6-14.5, 6-14.8 Pedestrian, driver yield to on green or red light 5-6 Pedestrian control signals 5-7 Preferential 6-4.3A Prima facie evidence of failure to yield 6-4.3C Private road or driveway 6-7.1 Stop intersection, driver entering 6-4.3B rhrough streets 6-3.2 Traffic-control signal legend, generally 5-6 "'Walk," yield to pedestrian facing 5-7 Yield intersection, driver entering 6-4.3C RIGHT, PASSING ON 6-2.6 RIGHT SIDE, DRIVING ON (see Driving on right, Overtaki-ng and passing) RIGHT TURN Required position and course 6-5.1 authorities may change 6-5.2 Restrictions 6-5.3 Turn signal required duration of signal 6-5.8 method of giving hand and arm 6-5.9, 6-5.10 when electric signal required 6-5.9 -R- Section 12 - ROADWAY, definition 1-64 ROLLER SKATES, USE ON STREET RESTRICTED 3-6 ROTARY TRAFFIC ISLAND 6-2.10 -S- SAFETY ZONE Definition 1-65 Driving through prohibited 6-12.15 Establishment by administrator 5-13 SAVINGS CLAUSE 13-3 SCHOOL BUS Controlled-access street 6-7.3C Definition 1-66 Divided street, exception to stop rule 6-7.3C Duration of stop by drivers 6-7.3 Flashing signal lights on 6-7.3D Railroad grade crossings, stop at 6-7.7 Stop for required, when and where 6-7.3 When stopped drivers may proceed 6-7.3 SCHOOL CROSSINGS 6-10 SCHOOLS, PARKING NEAR PROHIBITED 6-6.7 SEAT Bicycle 8-3 Motorcycle 7-4 Overcrowded front 6-12.10 SEMITRAILER, definition 1-67 SHORT TITLE OF ORDINANCE 13-1 SIDEWALK Definition 1-68 Driving on prohibited 6-12.17 Parking on prohibited 6-6.1 Pedestrian on, yield right of way to 6-14.8, 6-7.1 Pedestrian use required 6-14..5 Riding bicycle on 8-3 Vehicle must stop at 6-7.11 6-14.8 SIGNAL LAMPS AND DEVICES (see Equipment lamps, Stop lamps, Turn signals) -S- Section 12 - SIGNALS (see Official traffic-control devices, Railroad sign or signal , Traffic-control signals, Traffic-control signal legend) SIGNS (see also Official traffic-control devices) Advertising on, prohibited 5-10 Authority to install 5-1 Authorized emergency vehicle exception 3-4 Defacing, injuring, removing 5-11 Imitation 5-10 Legibility and proper position 5-2, 5-4 Nuisance, prohibited signs are 5-10, 5-11 Obedience to required 5• 3 Official traffic-control devices, included 'in 5-2 Parking, standing and stopping, prohibited by 6-6 Pedestrian compliance with sign 6-14.1 Presumptions of validity 5-5 Removal of prohibited 5-11 Required to designate when changing lane prohibition 6-2.12 controlled-access street restrictions 6-2.16 lane use restrictions 5-9, 5-14, 6-2.12 no-passing zones 6-2.7 one-way streets 6-2.8 through 6-2.11 parking restrictions 6-6 { pedestrian use of crosswalk 6-14.1 , 6-14.2 preferential right of way 6-4.3 railroad grade crossings, hazardous 6-7.5, 6-7.6 school bus 6-7.3 stop intersection 6-3.2, 6-3.3 stop railroad grade crossing 6-7.5 through 6-7.7 through street 6-3.1 , 6-3.2 turn, method of making 6-5.2, 6-5.3 turn prohibition 6-5.4 unauthorized 5-10 weight restrictions 10-3 when and where not required 5-4 yield intersections 6-3.2, 6-3.3 SIREN, on authorized emergency vehicle 3-4 effect of 3-4, 6-7.4 prohibited on other vehicles 10-1 .14 required 3-4 use of and standards for 3-4 SIZE OF VEHICLE OR COMBINATION AND LOAD Permits for excess size 6-11 .1 Regulations regarding 10-3.1 through 10-3.8 -S- Section 12 - SKATERS, REGULATION OF, AUTHORIZED 3-6 SLOW MOVING VEHICLE Controlled-access street restriction 6-2.16 Definition 6-11 .2A 4 Emblem 6-11 .2 Escort to be furnished for 6-11 .1 Keep in right lane 6-2.12 Railroad grade crossing, at 6-7.8 Unreasonably slow speed 6-1 .5 } SOLID TIRE, definition 1-69 `. SPEED RESTRICTIONS Altering general limits 6-1 .3 Appropriate 6-1 Authorized emergency vehicle may exceed 3-4 Basic speed rule 6-1 .1 Bicycles subject to 8-10 Bridges 6-1 .1 t Business district 6-1 .2 Curve, appropriate speed for 6-1 .1 ` Decreasing general limits 6-1 .3 t Engineering and traffic investigation concerning 6-1 .3 Establishing speed zones 6-1 .2, 6-1 .3 ( General 6-1 { Hills, appropriate speed Pt crest 6-1 .1 Increase in when being passed prohibited 6-2.3 Increasing general limits 6-1 .3 Intersection, appropriate speed at 6-1 . 1 Maximum limits 6-1 .2, 6-1 .3, 6-1 .4 alteration of 6-1 .3, 6-1 .5 Minimum speed 6-1 .4, 6-1 .5 Motorcycles 7-1 Narrow or winding street 6-1 .1 Racing 6-12.19 Railroad grade crossing, appropriate speed at 6-1 . 1 Reasonable and prudent 6-1 .1 { Reduced speed required 6-1 .1 , 6-1 .2 Residence district 6-1 .2, 6-1 .3 Signs required to indicate altered limits 6-1 .2 through 6-1 .5 Slow speed (see also Slow moving vehicle) 6-1 .5, 6-2. 12 SPEED RULE, BASIC 6-1 .1 STAND OR STANDING, definition 1-70 -S- Section 12 - STANDING VEHICLE (see also Loading, Park, Stop) Angle parking 6-6.13 Authorized emergency vehicle exempt 3-6 Curb loading zones 6-8 freight 6-8.4 passenger 6-8.3 Hazardous or congested places 6-6.11 One-way streets 6-6.9 Prohibited during certain hours on certain streets 6-6.12 Removal of by officer 12-18 Starting, safety required 6-5.7 Unattended 6-12.8 STARTING PARKED VEHICLE 6-5.7 STATE, definition 1-71 STATE HIGHWAY,• definition 1-72 "STOP" (see Traffic-control signal legend) STOP LAMPS 10-1 .9, 10-1 .30 STOP, STOPPING OR STANDING (see also Park, Parking, Standing vehicle, Loading) Accidents, stop so as not to obstruct traffic 4-1 , 4-2 Authorized emergency vehicle excepted 3-4 Curb loading zones 6-8 freight . 6-8.4 passenger 6-8.3 Definition 1-74 Distance from curb 6-6.2 Hazardous or congested places 6-6.11 Prohibited during certain hours on certain streets 6-6.12 Removal of stopped vehicle 12-18 Signal required, when hand and arm signal 6-5.8 through 6-5.10 manner of giving 6-5.99 6-5.10 Starting stopped vehicle 6-5.7 When prohibited 6-6 signs, by 6-6.2 specified places 6-6.1 When required accidents •4-1 , 4-2 authorized emergency vehicle 6-7.4 emerging from alley, driveway 6-7.1 , 8-11 flashing lights 5-8 a -$- Section 12 - STOP, STOPPING OR STANDING (continued) When required (continued) obedience to police officer 3-2 obedience to traffic-control devices 5-3, 5-6.2 pedestrians, for 6-14, 8-11 railroad grade crossings 6-7.5 through 6-7.8 red light 5-6.1 school bus 6-7 .3 special stops , generally 6-7 stop sign 6-3.2, 6-3.3, 6-4.3B yield sign 6-3.2, 6-3.3, 6-4.3C STOP, OBSTRUCTED TRAFFIC 6-6.39 6-7.2 STOP S!GN OR INTERSECTION (see also Yield sign or interseLtion, Through street) Auti;orized emergency vehicle, exceptions 3-4, 6-1.4 Designation of 6.3 Parking restrictions near 6-6.1 Railroad grade crossing 6-7.5 through 6-7.7 Right of ray at 6-4.3 Signs required 6-3. 6-4.3 Stop required 6-3, 6-4.3 Through street 6-3 Where vehicle shall stop 6-4.3 ' �. STOP SIGNAL, DRIVEL MUST GIVE (see also Lamps and Stop, stopping) 6�5.8 STREET OR HIGHWAY Abandoned vehicles on 12-16 Bicycles clinging to vehicles on 8-4 paths to be used where available 8-5 ride near right side of 8-5 street use restrictions 8-5 traffic ordinance applies when on 8-2 Controlled-access 6-2.15 Definition 1-75 Disabled vehicle on 12-18 Divided streets 6-2.14 Drive on right side, exceptions 6-2 Driving on left, limitations 6-2.3 through 6-2.5 Following too closely prohibitE;d 6-2.13 Four-lane street 6-2.1- Laned streets 6-2.1 , 6-2.12 Load restrictions on vehicles using certain streets 10-3.1 Meeting and passing on 6-2.2 through 6-2.7 Motorcycle rules on 7-1 through 7-10 , Mountain 6-13.12 -S- Section 12 - STREET OR HIGHWAY, (continued) Narrow or winding, appropriate speed on 6-1 .1 M Narrow, parking may be prohibited on 6-6.8 No-passing zones 6-2.7 One-way, parking may be prohibited 6-6.9 One-way street 6-2.8 Parking (see specific topic) Pedestrians (see specific topic) Persons driving animal-drawn vehicle on 3-5 Person riding animal on 3-5 Play streets 5-13 Railroad trains not to block 6-13.6 Removal of vehicle from 12-18 Restrictions on use by certain vehicles 10-3.1 Reversible flow of traffic on 6-2.11 , 6-2.12 Rotary traffic islands in 6-2.10 Slower moving vehicles, keep on right side of 6-2.12 Three-lane 6-2.12 Through streets 6-3.1 STUDDED TIRES 10-1 ,15 SUNDAY ACTIONS 12-20 SUSPENSION Definition 1-76 Driving while under 6-12.6 -T- TAIL LAMPS (see Lamps) 10-1 .7 TAMPERING WITH OR DAMAGING VEHICLE 6-13.4 TAXICAB, definition 1-77 TAXICAB STOPS AND STANDS (see Public carrier stops and stands) TELEVISION, USE OF IN MOTOR VEHICLES 6-12.11 TEMPORARY REGULATIONS AUTHORIZED 2-10 THREE-LANE STREET 6-2.2 THROUGH STREET Definition 1-78 Designation of 6-3.1 Right of way rules modified at 6-3.2 Signs required 6-3.2 l( Stop and yield at entrance to 6-3.2 k -T- Section 12 - idµ TIME OF TAKING EFFECT 13-6 TIRES Metal definition 1-33 use of prohibited 10-1 .15 Solid, definition 1-69 Studded, regulated 10-1 .15 TOWED VEHICLE (see also Trailer, House trailer) 6-13.9, 10-3.5 TOY VEHICLES 3-6 TRAFFIC, definition 1-79 TRAFFIC CITATIONS (see also Arrest procedure ) Audit of records 12,10 Disposition of 12-9 Failure to obey notice to appear 12-7 Form for 12-21 Illegally parked vehicles 12-12, 12-13 Issuance of 12-3 Records of 12-2 Summary of 12-11 When copy of citation a lawful complaint 12-4 � TRAFFIC-CONTROL DEVICES (see Official traffic-control devices) TRAFFIC-CONTROL SIGNAL LEGEND Flashing 5_8A Green light 5-6A Green light, lane control 5-9 Obedience to required 5-3, 61 .3E Pedestrian control signals 5-7 Presumption of validity 5-5 Railroad grade crossings 6-7.5 Red light, alone 5-6C Red light with green arrow 5-6D Yellow light 5-6B TRAFFIC-CONTROL SIGNALS (see also Official traffic- control devices, Railroad signs and signals , Traffic control signal legend) Advertising on 5-10B- Authority to install 5-1 Authorized emergency vehicle exceptions to 3-4 Constitute official traffic-control devices 5-2 Definition 1-80 Flashing signals (see also Traffic-control signal legend) } Section 12 - -T- '~ TRAFFIC-CONTROL SIGNALS (continued) 5-10 Imitation Interference with 5-11 5-9 Lane-direction 4. Manual and specifications, must conform 5-2 to State 5-3, 5-6.2 Obedience to 6-6.1 Parking near 5-7, 6�14.1 Pedestrian Railroad grade crossing exception to 6-7 .7B stop requirement Speed restrictions 6-1 Unauthorized 5-10 TRAFFIC DIVISION 2-2 Administration of 2-1 Establishment of 2_3 Duties of 2-4 through 2,7 Records, reports, studies TRAFFIC ENGINEER AND ENGINEERING DEPARTMENT 2-9 Duties 2-8 Establishment of TRAFFIC REGULATIONS (see also subheads below for more details, Accidents , Duties at scene, Equipment) 6-13.10 Animals and animal-drawn vehicles 3-1 Applicable on streets, exceptions Authorized emergency vehicles 3-4 driver' s exemption from rules 7.4 duties of other drivers on approach of 6- 6-12.9 Backing vehicle, limitation on 8-1 through 8-23 Bicycles 6-12.4 Careless driving 6-12.12 Coasting prohibited 6-2.14 Divided streets 6-13.7 , 6-13.8 Doors, vehicle, opening and closing 6-2.1 Drive on right, exceptions rohibitions 6-2.4, 6-2.5 Driving on left of center, p 2 Drugs, driving w 6_12. while under influence of 6-12. Eluding or fleeing a police officer Emergency and experimental regulations 2-6-10 10 Emerging from alley, driveway or building 6- .1 Fire apparatus, following prohibited 1. 4 13 Fire hose, crossing restricted 6-6-12 12 Following too closely 6-13.5 Glass on street prohibited -T- Section 12 - TRAFFIC REGULATIONS (continued) Intoxicating liquor, driving while under influence of 6-12.1 Laned streets 6-2.12 Meeting vehicle 6-2.2 Motorcycles 7-1 through 7-10 Multiple-beam road lighting equipment, use of 10-1 .4, 10-1 .39 No-passing zones 6-2.7 Obedience to police officers 3-2 Obedience to traffic ordinance 3-1 Obstruction to driver's view or driving mechanism 6-12.10 One-way streets 6-2.8 through 6-2.11 Overtaking on left, limitations 6-2.3 through 6-2.5 Overtaking on right, when permitted 6-2.6 Parking , 6-6 Pedestrians ' rights and duties 6-14 Penalties 12-1 Persons working on streets, exceptions 3-7 Prohibited activities while driving 6-12.18 Racing 6-12.19 Railroad grade crossings 6--7.5 through 6-7.8 Reckless driving 6-12.3 Right of way at intersection 6-4 Rotary traffic islands 6-2.10 f {` Safety zones 5-13, 6-12. 15 School bus, overtaking and passing 6-7.3 Sidewalks, driving on 6-12.17 Special stops 6.-7 Speed restrictions 6-1 Stop intersection 6-4.3 Stopping, standing and parking 6-6 Television, restricted use of 6-12.11 Three-lane streets 6-2.12 Traffic-control devices 5-1 through 5-14 Traffic-control signal legend 5-3, 5-6 through 5-9 Turning vehicle 6-4.2, 6-5 Unattended motor vehicle 6-12.8 Yield intersection 6-4.3 TRAFFIC VIOLATIONS (see Traffic Violations Bureau) TRAFFIC VIOLATIONS BUREAU Acceptance of designated fines 11-2, 11-4A Accident records cf drivers to be kept by 2-5, 11-4 Arrest records of drivers to be kept by 114C Bail , duty of to receive and issue receipts for 114B Bail , may be required on plea of not guilty 11-3 -T- Section 12 - A TRAFFIC VIOLATIONS BUREAU (continued) Complaints against driver's record to be kept by 11-4C Conviction of offense acknowledged upon payment of fine , 11-3B Conviction records of drivers to be kept by 11-4 Court representation, duty of 11-4 Disposition of all citations 11 -4 z Drivers' records to be kept by 11 -4 Duties of 11 -4 Election between payment at bureau and court appearance 11-3 Fines upon plea of guilty 11-3 Fines posted by municipal judge 11-2 Guilty plea and fine payment to 11-3 Hours of operation designated by judge 11-1 Municipal judge, head of 11-1 Notice to owner having complaint 11-4 Offenses for which bureau may receive fines determined by judge 11-2 Option to pay fine or post bail 11 -3 Payment of fine at, deemed acknowledgement of conviction 11-3 Plea of guilty 11-3 Power of attorney 11 -4 Procedure of, to follow municipal or state law 11-4 Receipt to be issued upon payment of fine 11-4A Record to be made of disposition of citations 11-4 Records of violations to be kept by 11-4 Reports to be made monthly to administrator 11 -4 Traffic violations bureau established 11-1 Violations, records to be kept by 11-4 Waiver of court appearance 11 -3 TRAILER Definition 1-81 Tail lamp requirements 10-1 .23, 10-1 .24 10-1 .25 Towing 10-3.5 TRUCK, definition 1-82 TRUCK TRACTOR, definition 1-83 TUNNEL Parking in prohibited 6-6.1 Passing near 6-2.5 Pedestrian 6-14.4 Removal of vehicles from 12-18 -T- Section 12 - TURN SIGNALS (see also Turning vehicle) ` Duration of 6-5.8 Electric 6-5.9 Hand and arm 6-5.10 Manner of giving 6-5.8 through 6-5.10 Prohibited use of 6-5.8D Starting parked vehicle 6-5.7 When required 6-5.7, 6-5.8 TURNING VEHICLE (see also Overtaking and passing, Right of way, Left turn, Right turn, Turn signal , U turn) Authorized emergency vehicle exception 3-4 Curve or hill crest, prohibited 6-5.6 Electric turn signals required 6-5.9 Limitations on turning around 6-5.5, 6-5.6 Official devices to indicate required course 6-5.2, 6-5.3 Required position and method of left turn 6-5.1 power to alter 6-5.2 z right turn 6-5. 1 ry Restrictions against driving on left .E side to not apply to 6-2. 1 Restrictions and prohibitions 6-5.3 through 6-5.7 Safety required 6-5.8 Signals (see Turn signals) Starting parked vehicle 6-5.8 -U- UNATTENDED VEHICLE 6-12.8 Impounding or removal 12-18 Moving or molesting 6-13.4 UNLAWFUL RIDING 6-13.2 U TURN Authority to restrict 6-5.3 Bicyclists to obey 8-2 Limitations on 6-5.5 On crest or grade 6-5.6 -V- VALIDATING STICKER, definition 1-84 C r -V- Section 12 - VEHICLE (see Motor vehicle, Trailer, and other topics) Animal-drawn 3-5 Boarding or alighting from 6-13.7 Definition 1-85 Parking restrictions 6-6 Projecting loads on 10-3.5 Restrictions against certain 6-2.16 Riding upon 6-13.2 Size restrictions 10-3.2, 10-3.6, 10-3.7 Speed regulations 6-1 Weight restrictions 10-3.5, 10-3.7, 10-3.8 -W- "WAL K" 5-7 WEIGHT OF VEHICLE OR COMDINATION (see also Size) 10-3,50 10-3.7, 10-3.8 WHEELS, TURN FRONT TO CURB 6-12.8 WIDTH OF VEHICLE (see also Size) 10-3.6 WINDSHIELDS OR WINDOI•13 Obstruction to driver's view prohibited 6-12.10, 10-1 .12 Wiper prescribed 10-1 .12 WORDS AND PHRASES DEFINED 1-1 through 1-86 WORKMEN ON STREET 3-7 WRITTEN ACCIDr.NT REPORTS (see also Accidents, written reports) 4-7 through 4-10 -Y- YELLOW LIGHT (see Traffic-control signal legend, Flashing) YIELD SIGN OR INTERSECTION (see also Stop sign or intersection, Through street) Designating through street 6-3 Right of way at 6-4.3 Where vehicle shall stop when stop required 6-4.3 -Z- ZONES Curb loading 6�8 Parking meter 9-1 School 6-10 Speed 6-1 .3