ORDINANCE 2007- __
ADOPTING 2007 CHANGES TO THE
2004 COMPILATION OF THE UNIFORM TRAFFIC ORDINANCE
WHEREAS, the Village of Capitan has adopted the 2004 Compilation of the
Uniform Traffic Ordinance, and
WHEREAS, the legislature adopted changes amending the following
sections:
Adding Section 12-6-16.1 Neighborhood Electric Cars to the
Traffic Regulations Index list.
Section 12-6-12.1, B (1) deleting who and adding to drive a vehicle in
this state if the person, delete his, add the person’s, delete to drive
a vehicle within this municipality, add within three hours of driving
the vehicle and the alcohol concentration results from alcohol consumed
before or while driving the vehicle; Subsection B(2) delete who, add to
drive a commercial motor vehicle in this state if the person, delete
his, add the person’s, add within three hours of driving the commercial
motor vehicle and the alcohol concentration results from alcohol
consumed before or after driving the vehicle. Delete to drive a
commercial vehicle within this municipality. Subsection D (1) add
drives a vehicle in this state and, delete his and add the person’s,
delete while driving a vehicle within this state, add within three
hours of driving the vehicle and the alcohol concentration results from
alcohol consumed before or after driving the vehicle. Subsection
N (2) add or breath Subsection N (4) add and the person is driving a
commercial vehicle, it shall be presumed that the person is under the
influence of intoxicating liquor, delete if the person is driving a
commercial vehicle. Add a new Subsection O stating If the test
performed pursuant to the Implied Consent Act is administered more than
three hours after the person was driving a vehicle, the test result may
be introduced as evidence of the alcohol concentration in the person’s
blood or breath at the time of the test and the trier of fact shall
determine what weight to give the test result for the purpose of
determining a violation of Sec. 12-6-12.1(66-8-110 NMSA 1978).
Each Subsection letter thereafter increased in ascending order.
Section 12-6-12.2 Subsection C deleting and not more than forty eight
hours, Subsection D (1) adding not less than, Subsection D (2) adding
not less than
Section 12-6-12.19 Subsection B (3) adding vehicle and deleting cycle
Section 12-6-14.2 Subsection A deleting 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 and adding in the crosswalk.
Section 12-6-16 Subsection C adding secretary and deleting director of
the traffic safety bureau.
New Material
12-6-16.1 NEIGHBORHOOD ELECTRIC CARS
A. A neighborhood electric
car means a four-wheeled electric motor vehicle that has a maximum
speed of more than twenty miles per hour but less than twenty-five
miles per hour, complies with the federal requirements specified in 49
CFR 571.500 and shall be equipped with head lamps, stop lamps, front
and rear turn signals lamps, tail lamps, reflex reflectors, a parking
brake, at least one interior and one exterior rear view mirror, a
windshield, windshield wipers, a speedometer, an odometer, braking for
each wheel, seat belts and a vehicle identification number.
B. Except as provided for
in Subsection C or D of this section, a neighborhood electric car
properly registered pursuant to provisions of the Motor Vehicle Code,
in compliance with the Mandatory Financial Responsibility Act and
driven by an individual with a valid driver’s license, may be operated
on any street, roadway or highway under the jurisdiction of either the
state or a local authority if the posted maximum speed limit is
thirty-five miles per hour or less; provided, a neighborhood electric
car may cross at an intersection or permitted crossing point at any
street, roadway or highway that has a maximum speed limit higher than
thirty-five miles an hour.
C. A local authority may
prohibit the operation of neighborhood electric cars on any road under
its jurisdiction if the governing body of the local authority
determines that the prohibition is necessary in the interest of safety.
D. The department of
transportation may prohibit the operation of neighborhood electric cars
on any road under its jurisdiction if it determines that the
prohibition is necessary in the interest of safety.
E. Neighborhood electric
cars are exempt from the following provisions:
(1) the
emblems or flashing light requirements for slow-moving vehicles in
Section 66-3-887 NMSA 1987;
(2) any
requirements for vehicle emission inspections adopted by a local
authority pursuant to Subsection C of Section 74-2-4 NMSA 1978: and
(3) the
minimum motor displacement requirements of Paragraph (2) of Subsection
A of Section 66-7-405 NMSA 1978. (66-3-1103 NMSA 1978)
Section 12-9-9 Subsection A deleting disabled, adding accessible, also
adding for persons with significant mobility limitation, designed for
access by persons with significant mobility limitations.
Section 12-12-8 Subsection A deleting his and adding the peace
officer’s. Subsection B changes are deleting handicapped and
adding access, and adding for persons with significant mobility
limitation, adding the, deleting said, deleting his, and adding the
security guard’s.
THEREFORE, be it ordained by the Governing Body of the Village of
Capitan that the Traffic Regulations Index be amended by adding Section
12-6-16.1 to the list. Section 12-6-12.1, Section 12-6-12.2,
Section 12-6-12.19, Section 12-6-14.2, Section 12-6-16, adding Section
12-6-16.1, Section 12-9-9, and Section 12-12-8 of the New Mexico
Uniform Traffic Ordinance 2004 Compilation be amended to read as set
forth herein.
PASSED, APPROVED, AND ADOPTED this 11th day of September, 2007.
__________________________________
Sammy L.
Hammons, Mayor
ATTEST:
____________________________________
Kay Strickland, Village Clerk