ARTICLE III
APPLICATION OF TRAFFIC REGULATIONS
12-3-1 Obedience to Traffic Ordinance
12-3-3 Authority of Police and Fire Departments
12-3-4 Authorized Emergency Vehicles
12-3-6 Restricted Use of Coaster Wagons, Roller Skates, Skateboards, and Similar Devices
12-3-7 Public Officers and Employees to Obey Ordinance – Exceptions
12-3-8 Parades, Races, Processions and Other Exceptions
12-3-1 OBEDIENCE TO TRAFFIC ORDINANCE.
It is unlawful and, unless otherwise 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. (66-7-3 NMSA 1978)
12-3-2 OBEDIENCE TO OFFICERS.
No person shall willfully fail or refuse 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. (66-7-4 NMSA 1978)
12-3-3 AUTHORITY OF POLICE AND FIRE DEPARTMENTS.
A. It is the duty 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.
B. Police officers, or such officers as may be assigned by the chief of police, are authorized to direct all traffic by voice, hand or signal in conformance with traffic laws and regulations. However, in the event of a fire or other emergency, they may direct as conditions require, notwithstanding provisions of the traffic laws and regulations, in order to expedite traffic or to safeguard pedestrians.
C. Officers of the fire department may direct or assist police in directing traffic at the scene of a fire or in its immediate vicinity. (*)
12-3-4 AUTHORIZED EMERGENCY VEHICLE.
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 chief of the New Mexico state police or the appropriate local agency may designate 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 normal 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.
D. This section does not relieve the driver of an authorized emergency 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. (66-7-6 NMSA 1978)
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 ordinance. (66-7-7 NMSA 1978)
12-3-6 RESTRICTED USE OF COASTER WAGONS, ROLLER SKATES, SKATEBOARDS, AND SIMILAR DEVICES.
A. 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 major or collector 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 ordinance.
B. As used in subsection A of this Section, “major street” means any street intended to collect vehicular traffic and allow access to smaller and minor volume traffic roadways. A major street shall include such street in which a minimum width distance of thirty-two feet exists and is intended for allowing traffic to flow to residential streets.
C. As used in subsection A of this Section, “collector street” means any street that has been divided into three or more traffic lanes and where each abutting curb has not allowed for bicycle paths or any other area safe for the use of roller skates, skateboards, coaster wagons, toy vehicles or similar devices.
(Ord. 03-015; Am. Ord. 05-19)
12-3-7 PUBLIC OFFICERS AND EMPLOYEES TO OBEY ORDINANCE – EXCEPTIONS.
A. The provisions of this ordinance, applicable to the drivers 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, district, 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 equipment 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. (66-7-5 NMSA 1978)
12-3-8 PARADES, RACES, PROCESSIONS AND OTHER EXCEPTIONS.
As set forth in Sections 12-6-12.19 and 12-6-12.20 and in other instances, upon written approval of the administrator, provisions of this ordinance may be set aside to accommodate events of a temporary nature which are beneficial to the health, safety and welfare of the residents of this city.
(Ord. 03-015; Am. Ord. 05-19)