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PUEBLO OF ACOMA LAWS 2003 (2019 Replacement)

TITLE 10

CIVIL TRAFFIC CODE

This Replacement includes laws enacted since the Pueblo of Acoma Laws 2003

pursuant to Tribal Council Resolutions dated January 1, 2016 through December 31,

2018.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 10 - A

PUEBLO OF ACOMA LAWS 2003 (2019 Replacement)

TITLE 10

CIVIL TRAFFIC CODE

These laws may be cited by Title, Chapter, Section and Year as Section or

§__-__-__ Pueblo of Acoma Laws 2003 (2019 Replacement)

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 10 - B

PUEBLO OF ACOMA LAWS 2003 (2019 Replacement)

TITLE 10

CIVIL TRAFFIC CODE

TABLE OF CONTENTS

Chapter

1.

Page

Definitions ........................................................................................................ 10-1

10-1-1

Definitions of Words and Phrases.............................................. 10-1

A.

General Purposes ........................................................... 10-1

1. Abandoned vehicle ...................................................... 10-1

.

2. Administrator ............................................................... 10-1

3. Alley............................................................................. 10-1

4. Authorized emergency vehicle .................................... 10-1

5. Bicycle ......................................................................... 10-2

6. Bus .............................................................................. 10-2

7. Business district .......................................................... 10-2

8. Cancellation................................................................. 10-2

9. Combination ................................................................ 10-2

10. Controlled access street ............................................ 10-2

11. Converter gear .......................................................... 10-2

12. Crosswalk .................................................................. 10-2

13. Curb loading zone ..................................................... 10-3

14. Daytime ..................................................................... 10-3

15. Dealer ........................................................................ 10-3

16. Director ...................................................................... 10-3

17. Divided street ............................................................ 10-3

18. Division ...................................................................... 10-3

19. Driveway-tow away operation .................................... 10-3

20. Driver ......................................................................... 10-4

21. Driver's license .......................................................... 10-4

22. Explosives ................................................................. 10-4

23. Farm tractor ............................................................... 10-4

24. First offender ............................................................. 10-4

25. Flammable liquid ....................................................... 10-4

26. Freight curb loading zone .......................................... 10-4

27. House trailer .............................................................. 10-5

28. Implement of husbandry ............................................ 10-5

29. Intersection ................................................................ 10-5

30. Interstate highway ..................................................... 10-5

31. Laned roadway .......................................................... 10-5

32. License or license to operate a motor vehicle ........... 10-5

33. Metal tire.................................................................... 10-5

34. Mobile home .............................................................. 10-6

35. Moped ....................................................................... 10-6

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36. Motorcycle ................................................................. 10-6

37. Motor driven cycle ..................................................... 10-6

38. Motor scooter ............................................................ 10-6

39. Motor vehicle ............................................................. 10-6

40. Nighttime ................................................................... 10-6

41. Nonresident ............................................................... 10-6

42. Official time standard ................................................ 10-6

43. Official traffic-control devices .................................... 10-7

44. Operator .................................................................... 10-7

45. Owner ........................................................................ 10-7

46. Park or parking .......................................................... 10-7

47. Passenger curb loading zone .................................... 10-7

48. Pedestrian ................................................................. 10-7

49. Person ....................................................................... 10-7

50. Pole trailer ................................................................. 10-7

51. Police or peace officer ............................................... 10-8

52. Private road or driveway ............................................ 10-8

53. Public holidays .......................................................... 10-8

54. Railroad ..................................................................... 10-8

55. Railroad sign or railroad signal .................................. 10-8

56. Railroad train ............................................................. 10-8

57. Recreational vehicle .................................................. 10-8

58. Registration number .................................................. 10-8

59. Registration plate ...................................................... 10-8

60. Residence district ...................................................... 10-9

61. Revocation ................................................................ 10-9

62. Right of way............................................................... 10-9

63. Road tractor............................................................... 10-9

64. Roadway ................................................................... 10-9

65. Safety zone ............................................................... 10-9

66. School bus ................................................................ 10-9

67. Semitrailer ............................................................... 10-10

68. Sidewalk .................................................................. 10-10

69. Solid tire .................................................................. 10-10

70. Stand or standing .................................................... 10-10

71. State ........................................................................ 10-10

72. Specified highway ................................................... 10-10

73. Stop ......................................................................... 10-11

74. Stop, stopping or standing....................................... 10-11

75. Street or highway .................................................... 10-11

76. Subsequent offender ............................................... 10-11

77. Suspension ............................................................. 10-11

78. Taxicab .................................................................... 10-11

79. Through street ......................................................... 10-11

80. Traffic ...................................................................... 10-12

81. Traffic-control signal ................................................ 10-12

82. Trailer ...................................................................... 10-12

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10-1-2

83. Trial court ................................................................ 10-12

84. Truck ....................................................................... 10-12

85. Truck tractor ............................................................ 10-12

86. Validating sticker ..................................................... 10-12

87. Vehicle .................................................................... 10-12

B.

Conflict of Terms ........................................................... 10-12

Any Other Term ....................................................................... 10-13

2.

Traffic Administration ..................................................................................... 10-13

10-2-1

Traffic Division Established ...................................................... 10-13

10-2-2

Administration of Traffic Division .............................................. 10-13

10-2-3

Duties of Traffic Division .......................................................... 10-13

10-2-4

Records of Traffic Division ....................................................... 10-13

10-2-5

Traffic Accident Reports Maintained by Traffic Division ........... 10-14

10-2-6

Traffic Accident Studies by Traffic Division .............................. 10-14

10-2-7

Annual Traffic Safety Report by Traffic Division....................... 10-14

10-2-8

Traffic Engineer and Traffic Engineering Department Established

[Reserved for Future Use] ........................................................ 10-14

10-2-9

Duties of Traffic Engineer [Reserved for Future Use] .............. 10-14

10-2-10

Emergency and Experimental Regulations. ............................. 10-15

3.

Application of Traffic Regulations .................................................................. 10-15

10-3-1

Obedience to [this Title] ........................................................... 10-15

10-3-2

Obedience to Officers .............................................................. 10-15

10-3-3

Authority of Police and Fire Departments to enforce Pueblo of Acoma

Laws and Where Applicable Certain [New Mexico] Law .......... 10-15

10-3-4

Authorized Emergency Vehicles .............................................. 10-16

10-3-5

Application of [this Title] to Persons Propelling Push Carts, Riding

Animals or Driving Animal-drawn Vehicles............................... 10-17

10-3-6

Public Officers and Employees to Obey [this Title]: Exceptions .......

................................................................................................. 10-17

4.

Accident and Accident Reports ..................................................................... 10-17

10-4-1

Accidents Involving Damage to Vehicle ................................... 10-17

10-4-2

Duty upon Striking Unattended Vehicle ................................... 10-18

10-4-3

Duty upon Striking Fixtures or Other Property upon a Street ... 10-18

10-4-4

Immediate Notice of Accidents ................................................ 10-18

10-4-5

Garages, Dealers and Wreckers of Vehicles to Report ........... 10-19

10-4-6

False Reports ........................................................................... 10-19

5.

Signs, Signals, and Markings ........................................................................ 10-19

10-5-1

Authority to Install Traffic-Control Devices ............................... 10-19

10-5-2

Manual and Specifications for Traffic-Control Devices ............ 10-19

10-5-3

Obedience to Required Traffic-Control Devices ....................... 10-19

10-5-4

When Official Traffic-Control Devices Required for Enforcement

Purpose.................................................................................... 10-19

10-5-5

Official Traffic-Control Devices: Presumption of Legality ........ 10-20

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10-5-6

10-5-7

10-5-8

10-5-9

10-5-10

10-5-11

10-5-12

10-5-13

10-5-14

Lights and Their Application to Vehicles and Pedestrians ....... 10-20

Pedestrian Control Signals....................................................... 10-22

Flashing Signals ....................................................................... 10-22

Lane-Direction-Control Signals ................................................ 10-23

Display of Unauthorized Signs, Signals or Markings ................ 10-23

Interference with Official Traffic-Control Devices or Railroad Signals

................................................................................................. 10-23

Play Streets .............................................................................. 10-24

Crosswalks and Safety Zones .................................................. 10-24

Traffic Lanes ............................................................................ 10-24

6.

Traffic Regulations ........................................................................................ 10-25

10-6-1

Speed Regulations ................................................................... 10-25

10-6-2

Driving on Right Side of Street, Overtaking and Passing, Use of Street

................................................................................................. 10-27

10-6-3

Designating Stop and Yield Intersections ................................ 10-34

10-6-4

Right of Way ............................................................................ 10-35

10-6-5

Turning and Starting and Signals on Stopping and Turning .... 10-37

10-6-6

Stopping, Standing and Parking............................................... 10-40

10-6-7

Special Stops Required............................................................ 10-46

10-6-8

Passenger and Freight Curb Loading Zones. .......................... 10-50

10-6-9

Public Carrier Stops and Stands .............................................. 10-51

10-6-10

School Crossings ..................................................................... 10-53

10-6-11

Excessive Size and Weight, Slow-Moving and Hazardous Vehicles.

................................................................................................. 10-54

10-6-12

Driving Regulations .................................................................. 10-55

10-6-13

Miscellaneous Traffic Regulations ........................................... 10-61

10-6-14

Pedestrian’s Right and Duties .................................................. 10-70

7.

Special Rules for Motorcycles, Off-Highway Vehicles and Mopeds .............. 10-71

10-7-1

Traffic Regulations Apply to Person Operating Motorcycles .... 10-71

10-7-2

Operating Motorcycles on Streets Lane for Traffic................... 10-72

10-7-3

Clinging to Other Vehicles........................................................ 10-72

10-7-4

Riding on Motorcycles .............................................................. 10-72

10-7-5

Eye-Protective Devices or Windshields ................................... 10-73

10-7-6

Mandatory Use of Protective Helmet ....................................... 10-73

10-7-7

Footrests and Handlebars ........................................................ 10-73

10-7-8

Off-Highway Motor Vehicles ..................................................... 10-73

10-7-8.1

Off-Highway Motor Vehicles-Registration Plate Requirement .. 10-75

10-7-8.2

Operation of Off-Highway Motor Vehicles on Streets or Highways –

Prohibited Areas ...................................................................... 10-75

10-7-8.3

Driving of Off-Highway Motor Vehicles Adjacent to Streets ..... 10-76

10-7-8.4

Operation of Off-Highway Motor Vehicles on Assigned or Private

Lands ....................................................................................... 10-77

10-7-8.5

Enforcement of Off-Highway Motor Vehicles Regulations ....... 10-77

10-7-8.6

Exemptions .............................................................................. 10-77

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10-7-8.7

10-7-8.8

10-7-8.9

10-7-9

Off-Highway Motor Vehicle Safety Permit Requirements; Issuance .

................................................................................................. 10-78

Operation and Equipment-Safety Requirements ..................... 10-78

Violations ................................................................................. 10-80

Mopeds: Standards, Operator Requirements, Application of Acoma

Traffic Code ............................................................................. 10-80

8.

Operation of Bicycles..................................................................................... 10-81

10-8-1

[Reserved for Future Use] ........................................................ 10-81

10-8-2

[Reserved for Future Use] ........................................................ 10-81

10-8-3

[Reserved for Future Use] ........................................................ 10-81

10-8-4

Clinging to Vehicles.................................................................. 10-81

10-8-5

Riding on Streets and Bicycle Paths ........................................ 10-81

10-8-6

[Reserved for Future Use] ........................................................ 10-81

10-8-7

Lamps and Other Equipment on Bicycles ................................ 10-81

10-8-8

Obedience to Traffic-control Devices ....................................... 10-82

10-8-9

[Reserved for Future Use] ........................................................ 10-82

10-8-10

[Reserved for Future Use] ........................................................ 10-82

10-8-11

[Reserved for Future Use] ........................................................ 10-82

10-8-12

[Reserved for Future Use] ........................................................ 10-82

10-8-13

[Reserved for Future Use] ........................................................ 10-82

10-8-14

[Reserved for Future Use] ........................................................ 10-82

10-8-15

[Reserved for Future Use] ........................................................ 10-82

10-8-16

[Reserved for Future Use] ........................................................ 10-82

10-8-17

[Reserved for Future Use] ........................................................ 10-82

10-8-18

[Reserved for Future Use] ........................................................ 10-82

10-8-19

[Reserved for Future Use] ........................................................ 10-82

10-8-20

[Reserved for Future Use] ........................................................ 10-82

10-8-21

[Reserved for Future Use] ........................................................ 10-82

10-8-22

[Reserved for Future Use] ........................................................ 10-82

10-8-23

[Reserved for Future Use] ........................................................ 10-83

9.

Parking Regulations ...................................................................................... 10-83

10-9-1

Authority to Establish Parking Areas ........................................ 10-83

10-9-2

[Reserved for Future Use] ........................................................ 10-83

10-9-3

[Reserved for Future Use] ........................................................ 10-83

10-9-4

[Reserved for Future Use] ........................................................ 10-83

10-9-5

[Reserved for Future Use] ........................................................ 10-83

10-9-6

[Reserved for Future Use] ........................................................ 10-83

10-9-7

[Reserved for Future Use] ........................................................ 10-83

10-9-8

[Reserved for Future Use] ........................................................ 10-83

10-9-9

Parking in Designated Disabled Parking Spaces ..................... 10-83

10.

Vehicle Regulations ....................................................................................... 10-84

10-10-1

Equipment ................................................................................ 10-84

10-10-2

Transportation or Handling Explosives or Dangerous Articles ..........

............................................................................................... 10-108

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10-10-3

10-10-4

10-10-5

10-10-6

Regulating the Kinds and Classes of Traffic on the Streets. .. 10-108

Display of Current Valid Registration Plate ............................ 10-111

Evidence of Registration to Be Signed and Exhibited on Demand ...

............................................................................................... 10-112

Mandatory Liability Insurance ................................................ 10-112

11.

Traffic Violations Bureau ............................................................................. 10-113

10-11-1

Traffic Violations Bureau Created .......................................... 10-113

10-11-2

Fines Accepted by the Traffic Violations Bureau ................... 10-113

10-11-3

When Person Charged May Elect to Appear at Bureau or Before

Chief Judge ............................................................................ 10-113

10-11-4

Duties of Traffic Violations Bureau ......................................... 10-114

12.

Civil Penalty Assessment Program; Definitions; Schedule of Assessments;

Procedures upon Traffic Stop; Fees and Costs; Sanctions; Authority to Remove or

Relocate Vehicles ........................................................................................ 10-116

10-12-1

Civil Penalty Assessment Program Established ..................... 10-116

10-12-2

Penalty Assessment Offenses – Definitions – Schedule of

Assessments .......................................................................... 10-116

10-12-3

Fees and Court Costs ............................................................ 10-123

10-12-4

Forms and Records of Traffic Citations ................................. 10-123

10-12-5

Conduct of Arresting Officer Issuing Citation; Option, Effect; Notices

by Citation .............................................................................. 10-124

10-12-6

Uniform Traffic Citation is Complaint ..................................... 10-125

10-12-7

Amending Option to Accept Penalty Assessment; Amending Option to

Appear ................................................................................... 10-125

10-12-8

Payment of Penalty Assessments.......................................... 10-125

10-12-9

Failure to Obey Notice to Appear ........................................... 10-126

10-12-10

Failure to Pay Penalty Assessment ....................................... 10-126

10-12-11

Failure to Pay After Liability is Established ............................ 10-127

10-12-12

Disposition and Records of Traffic Citations .......................... 10-127

10-12-13

Illegal Cancellation – Audit of Citation Records ..................... 10-129

10-12-14

Abstract of Traffic Cases; Report on Convictions .................. 10-129

10-12-15

Citation of Illegally Parked Vehicle ......................................... 10-130

10-12-16

Failure to Comply with Traffic Citation Attached to Parked Vehicle .

............................................................................................... 10-130

10-12-17

Presumption in Reference to Illegal Parking .......................... 10-130

10-12-18

Disposition of Traffic Fines and Forfeitures ........................... 10-131

10-12-19

Official Misconduct ................................................................. 10-131

10-12-20

Authority to Remove or Relocate Vehicles ............................. 10-131

10-12-21

Abandoned Vehicles on Private Property .............................. 10-143

10-12-22

Authorized Immobilization of Vehicle ..................................... 10-144

10-12-23

Liability for Damage ............................................................... 10-145

10-12-24

Sunday Actions ...................................................................... 10-145

13.

Effect and Short Title ................................................................................... 10-146

10-13-1

Short Title............................................................................... 10-146

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10-13-2

10-13-3

10-13-4

10-13-5

10-13-6

Effect of Headings.................................................................. 10-146

Savings Clause ...................................................................... 10-146

Act Not Retroactive ................................................................ 10-146

Repeal.................................................................................... 10-146

Time of Taking Effect ............................................................. 10-146

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Page 10 - vii

PUEBLO OF ACOMA LAWS 2003 (2019 Replacement)

TITLE 10

CIVIL TRAFFIC CODE

Origins: The Tribal Council adopted the first traffic code,

entitled "Motor Vehicle Laws" pursuant to 4/13/71

Ordinance. The 1971 Ordinance was substantially

amended by the 1985 Law and Order Code. In 2003 the

Traffic Code was codified as Title 10 of The Pueblo of

Acoma Laws 2003, but did not alter the substance of the

laws, merely formatting the Title. In 2016 Title 10 was

amended in restated as a civil traffic code in Tribal Council

Resolution TC-AUG-25-16-Via and Title 10A was created

to amend and restate the criminal traffic code.

Chapter 1.

DEFINITIONS

10-1-1

Definitions of Words and Phrases

A.

The following words and phrases when used in this Title shall, for the

purpose of this Title, have the meanings respectively ascribed to them

in this Title.

1.

"Abandoned vehicle" means a vehicle or motor vehicle left

unattended, on either private or public property, for an

unreasonable length of time, and which, after being reported to

a law enforcement agency in the state, has been by that

agency discovered:

a.

Not to have been stolen;

b.

The legal ownership of which cannot be established by

normal record-checking procedures; and

c.

The legal ownership of which is not claimed or asserted

by any person.

2.

"Administrator" means the chief executive employee of the

Pueblo; including but not limited to the Governor or his

designated representative.

3.

"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.

4.

"Authorized emergency vehicle" means any vehicle of the fire

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Page 10 - 1

department, police vehicle, ambulances and such emergency

vehicles of Pueblo departments or public service corporations

as are designated or authorized by the chief of the Acoma

police or the administration.

5.

"Bicycle" means every device propelled by human power, upon

which any person may ride, having two tandem wheels, except

scooters and similar devices.

6.

"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, or by contract.

7.

"Business district" means the territory contiguous 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 of one side or fifty

percent of the frontage collectively on both sides of the street.

8.

"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.

9.

"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.

10.

"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.

11.

"Converter gear" means any assemblage of one or more axles

with a fifth wheel mounted thereon, designed for use in a

combination to support the front end of a semitrailer but not

permanently attached thereto.

12.

"Crosswalk" means:

a.

That part of a street at an intersection included within

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Page 10 - 2

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

distinctly indicated for pedestrian crossing by lines or

other markings on the surface.

13.

"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.

14.

"Daytime" means from a half hour before sunrise to a half hour

after sunset.

15.

"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 [New Mexico], in any one calendar

year, other than a motor vehicle titled or registered for his

personal use.

Annotation: The 2016 Amended and Restated Title 10 replaces

references to “this state” with “[New Mexico]” or “[Acoma]” as

appropriate.

16.

"Director" means the head of the motor vehicle division of the

Pueblo transportation department.

17.

"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.

18.

"Division" means the motor vehicle division of the Pueblo of

Acoma Traffic division or the New Mexico State Transportation

department.

Annotation: The 2016 Amended and Restated Title 10 replaces

the State Transportation Department with the New Mexico Taxation

and Revenue Department which now houses the Motor Vehicle

Division in place of its predecessors under New Mexico law.

19.

"Driveway-tow away operation" means any operation in which

any motor vehicle or motor vehicles, new or used, constitute

the commodity being transported, when one set or more of

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Page 10 - 3

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.

20.

"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.

21.

"Driver's license" means any license to operate a motor vehicle

issued under the law.

22.

"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 ingredients 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.

23.

"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.

24.

"First offender" means a person who has been convicted in a

trial court under state or federal law or Tribal ordinance of the

charge of driving a motor vehicle while under the influence of

intoxicating liquor, narcotic drug or any other drug which

renders him incapable of driving a motor vehicle, and includes

a person who pled guilty to the charge or pled nolo contendere

to the charge, whether or not his sentence was suspended or

deferred, or a person who was convicted, pled guilty or pled

nolo contendere, but had such conviction dismissed by virtue

of his attendance at, and successful completion of, a driver

rehabilitation program or a "driving-while-intoxicated school."

25.

"Flammable liquid" means any liquid which has a flash point of

seventy degrees Fahrenheit, or less, as determined by a

tagliabue or equivalent closed-up test device.

26.

"Freight curb loading zone" means a space adjacent to a curb

for the exclusive use of vehicles during the loading or

unloading of freight.

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 10 - 4

27.

"House trailer" means any vehicle without motive power

designed or used as a mobile home, office, shop, or as a

recreational, camping or travel facility.

28.

"Implement of husbandry" means every vehicle which is

designed for agricultural purposes and exclusively used by the

owner thereof in the conduct of his agricultural operations.

29.

"Intersection" means:

a.

The area embraced within the prolongation or

connection of the lateral curb lines, or if none, then the

lateral boundary lines of the roadways or two streets

which join one or 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.

b.

Where a street includes two roadways thirty (30) feet or

more apart, then every crossing of each roadway of

such divided street by an intersection 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.

30.

"Interstate highway" means any public highway which has

been designated as an interstate highway by the government

of the United States.

31.

"Laned roadway" means a roadway which is divided into two or

more clearly marked lanes for vehicular traffic.

32.

"License or license to operate a motor vehicle" means any

driver's license under, or granted by, the laws of his state

and/or Pueblo including:

33.

a.

Any temporary license or instruction permit;

b.

The privilege of any person to drive a motor vehicle

whether or not the person holds a valid license; and

c.

The nonresident's operating privilege as defined herein.

"Metal tire" means every tire the surface of which in contact

with the street is wholly or partly of metal or other hard non-

Pueblo of Acoma Laws 2003 (2019 Replacement)

Page 10 - 5

resilient material, except that for the purposes of this Title a

snow tire with metal studs designed to increase traction on ice

or snow shall not be considered a metal tire.

Annotation: The 2016 Amended and Restated Title 10

replaces “ordinance” with “Title”

34.

"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.

Annotation: To clarify the language of the law, "or" is

replaced with "[of]"..

35.

"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 (50) cubic centimeters, which is

capable of propelling the vehicle at a maximum speed of not

more than twenty-five (25) miles an hour on level ground.

36.

"Motorcycle" means every motor vehicle having a seat or

saddle for the use of the rider and designed to travel on no

more than three wheels in contact with the ground, but

excluding a tractor.

37.

"Motor driven cycle" means every motorcycle, motor scooter

and moped having an engine with less than one hundred (100)

cubic centimeters displacement.

38.

"Motor scooter" means a motor-driven cycle as defined in this

section.

39.

"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 wires, but not operated

upon rails.

40.

"Nighttime" means the hours from a half hour after sunset to a

half hour before sunrise.

41.

"Nonresident" means every person who is not a resident of this

Pueblo.

42.

"Official time standard" means whenever certain hours are

named in this Title they shall mean standard time or daylight

savings time as may be in current use in this Pueblo.

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Annotation: The 2016 Amended and Restated Title 10

replaces “ordinance” with “Title”.

43.

"Official traffic-control devices" means all signs, signals,

markings, and devices not inconsistent with this Title placed or

erected by authority of a public body or official having

jurisdiction, for the purpose of regulating, warning, or guiding

traffic.

44.

"Operator" means driver, as defined in Section 10-1-1(A)(20).

45.

"Owner" means a person who holds the legal title of a vehicle

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 possession 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.

Annotation: To clarify the language of the law, "or" is

replaced with "of".

46.

"Park" or "parking" when prohibited means the standing [of] a

vehicle, whether occupied or not, otherwise than temporarily

for the purpose of and while actually engaged in loading or

unloading.

Annotation: To clarify the language of the law, "or" is

replaced with "of".

47.

"Passenger curb loading zone" means a place adjacent to a

curb reserved for the exclusive use of vehicles during the

loading or unloading of passengers.

48.

"Pedestrian" means any person on foot.

49.

"Person" means every natural person, firm, co-partnership,

association, corporation, or other legal entity.

50.

"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, structure, pipe or structural members capable,

generally, of sustaining themselves as beams between the

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supporting connections.

51.

"Police" or "peace officer" means every officer authorized by

the Pueblo to direct or regulate traffic or to make arrests for

violations of this chapter.

52.

"Private road" or "driveway" means every way or place in

private ownership and used for vehicular travel by the owner

and those having express or implied permission from the

owner, but not other persons.

53.

"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 Pueblo.

54.

"Railroad" means a carrier of persons or property upon cars

operated upon stationary rails.

55.

"Railroad sign" or "railroad signal" means any sign, signal, or

device erected by authority of a public body or official or by a

railroad and intended to give notice of the presence of railroad

tracks or the approach of a railroad train.

56.

"Railroad train" means a steam engine, electric, or other motor,

with or without cars coupled thereto, operated upon rails.

57.

"Recreational vehicle" means a vehicle which is composed of a

chassis, or 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.

58.

"Registration number" means the number assigned by the

motor vehicle division to the owner of a vehicle or motor

vehicle required to be registered by the Motor Vehicle Code.

59.

"Registration [plate]" means the plate, marker, sticker, or tag

assigned by the motor vehicle division for the identification of

the registered vehicle.

Annotation: To clarify the language of the law, "place" is

replaced with "plate."

60.

"Residence district" means the territory contiguous to and

including a street not comprising a business district when the

property on such street for a distance of three hundred feet or

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more is in the main improved with residences or residences

and buildings in use for business.

61.

"Revocation" means that the driver's license and privilege to

drive a motor vehicle on the public streets are terminated and

shall not be 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.

62.

"Right of way" means the privilege of the immediate use of the

roadway.

63.

"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 or a vehicle or load so drawn.

64.

"Roadway" means that portion of a street improved, designed,

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.

65.

"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.

66.

"School bus" means any motor vehicle operating under the

jurisdiction of federal authorities, or of the [New Mexico] 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 vehicles:

Annotation: The 2016 Amended and Restated Title 10

replaces “state” with “[New Mexico]” or “[Acoma]” as

appropriate.

a.

Operated by a common carrier, subject to and meeting

all requirements of the [New Mexico Public Regulatory

Commission] but not used exclusively for the

transportation of pupils;

b.

Operated solely by a government-owned transit

authority, if the transit authority meets all safety

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requirements of a state corporation commission but is

not used exclusively for transportation of pupils; or

c.

Operated as a per capita feeder.

Annotation: The 2016 Amended and Restated

Title 10 in 10-1-1(A)(66)(a) replaces “state

corporation commission” with the New Mexico

state entity that as of 2016 regulates common

carriers.

67.

"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.

Annotation: To clarify the language of the law, "movite"

is replaced with "motive."

68.

"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.

69.

"Solid tire" means every tire of rubber or other resilient material

which does not depend upon compressed air for the support of

the load.

70.

"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.

71.

"State" means a state, territory or possession of the United

States, the District of Columbia, the Commonwealth or Puerto

Rico or province of Canada.

72.

"Specified highway" means any public highway which has

been designated as a federal highway, state highway, or tribal

road, either by legislature, Tribal Council, or the [New Mexico]

[Transportation Commission].

Annotation: The 2016 Amended and Restated Title 10

replaces "state" with [New Mexico] or [Acoma] as

appropriate.

The "State Highway Commission" is

replaced with the "Transportation Commission" to reflect a

change in New Mexico law.

73.

"Stop", when required, means complete cessation from

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movement.

74.

"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

compliance with the directions of a [Peace] Officer or trafficcontrol sign or signal.

75.

"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 purposes of construction, maintenance, repair

or reconstruction.

Annotation: To clarify the language of the law, "or" is

replaced with "of".

76.

"Subsequent offender" means a person who, under a state

law, federal law or Tribal [law] has been convicted, pled nolo

contendere or pled guilty to the charge of driving a motor

vehicle while under the influence of intoxicating liquor, narcotic

drug or any other drug which render him incapable of safely

driving a motor vehicle, and who was previously a "first

offender" as defined in this section or whose sentence was

suspended or deferred, or the deferred sentence was

subsequently dismissed.

Annotation:

To clarify the language of the law,

"ordinance" is replaced with "law."

77.

"Suspension" means that the driver's license and privilege to

drive a motor vehicle on the public highways are temporarily

withdrawn but only during the period of such suspension.

78.

"Taxicab" means a motor vehicle used in the transportation of

persons for hire, having a normal seating capacity of not more

than seven persons.

79.

"Through street" means every street or portion thereof at the

entrance to which vehicular traffic from intersection streets is

required by law to stop before entering or crossing the same

and when stop signs are erected as provided in this [Title].

Annotation: The 2016 Amended and Restated Title 10

replaces “ordinance” with “Title”

80.

"Traffic" means pedestrians, ridden or herded animals,

vehicles, and other conveyances either singly or together while

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using any street for purposes of travel.

81.

"Traffic-control signal" means any device, whether manually,

electrically or mechanically operated, by which traffic is

alternately directed to stop and to proceed.

82.

"Trailer" means any vehicle, without motive power, designed

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.

Annotation: To clarify the language of the law, "carry" is

replaced with "carrying".

83.

"Trial court" means the magistrate, municipal, or district Court

which tries the case concerning an alleged violation of a

provision of [this Title].

Annotation: The 2016 Amended and Restated Title 10 in

10-1-1(A)(82) adds the bracketed word to clarify the

language of the law and replaces “the Motor Vehicle Code”

with “[this Title].”

B.

10-1-2

84.

"Truck" means every motor vehicle designed, used or

maintained primarily for the transportation of property.

85.

"Truck tractor" means every motor vehicle designed and used

primarily for drawing other vehicles and not so constructed to

carry a load other than a part of the weight of the vehicle and

load so drawn.

86.

"Validating sticker" means the tab or sticker issued by the

Division to signify, upon a registration plate, renewed

registration.

87.

"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 upon stationary rails or tracks.

When in a specific section of this Title a different meaning is given for

a term defined for general purposes in this section, the specific

section's meaning and application of the term shall control.

Any Other Term: Any other term used in this Title is used in its commonly

accepted meaning except where such other term has been defined

elsewhere in this Title.

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Chapter 2.

TRAFFIC ADMINISTRATION

10-2-1

Traffic Division Established:

department is established.

10-2-2

Administration of Traffic Division: The traffic division shall be under the

control of an officer of the police department, and this officer shall be

appointed by and directly responsible to the chief of police or a person

designated by the chief of police.

10-2-3

Duties of Traffic Division: The traffic division, with such assistance as may

be rendered by the other divisions within the police department shall:

10-2-4

A traffic division within the Acoma police

A.

Enforce traffic regulations applicable to street traffic;

B.

Make arrests for traffic violations;

C.

Investigate accidents;

D.

Be cooperative with the chief of police and other officials in the

administration of traffic laws and regulations and in developing

methods to improve traffic conditions; and

E.

Carry out those duties imposed on it by this Title.

Records of Traffic Division

A.

The traffic division or the police department shall keep a record of

traffic accidents, citations, warnings, arrests, convictions, complaints

and alleged violations of this Title or [New Mexico] vehicle laws

reported for each person within its jurisdiction.

B.

The records shall be obtainable 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 [Title] or [New Mexico] vehicle laws;

2.

Show all types of violations and the total of each type.

Annotation: The 2016 Amended and Restated Title 10 replaces “state”

where appropriate with "New Mexico" and “ordinance” with “Title.”

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10-2-5

Traffic Accident Reports Maintained by Traffic Division

A.

The traffic division shall maintain a suitable system of filing traffic

accident reports.

B.

Accident reports or cards referring to them shall be obtainable

alphabetically by persons involved.

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 Title either at the time of and at the scene of the

accident or thereafter by interviewing participants or witness shall,

within twenty-four (24) hours after completing such investigation,

forward a written report of such accident to the chief of police and the

[Motor Vehicle Division of the New Mexico Department of Taxation

and Revenue].

Annotation: The 2016 Amended and Restated Title 10 replaces

“State Motor Vehicle Department with, New Mexico revisions to the

responsible agency of the State of New Mexico.

10-2-6

Traffic Accident Studies by Traffic Division: Whenever accidents at any

particular location become numerous, the chief of police shall cooperate with

the administration in conducting studies of such accidents and determining

remedial measures.

10-2-7

Annual Traffic Safety Report by Traffic Division: The Acoma traffic division

shall prepare an annual traffic report which shall be filed with the chief of

police. The report shall contain, but not be limited to, the following

information:

A.

Number of traffic accidents, number of persons killed, number of

person injured and other pertinent traffic accident data;

B.

Safety activities of the police; and

C.

Plans and recommendations of the traffic division for future traffic

safety activities.

10-2-8

Traffic Engineer and Traffic Engineering Department Established [Reserved

for future use].

10-2-9

Duties of Traffic Engineer [Reserved for future use].

10-2-10

Emergency and Experimental Regulations

A.

The chief of police or the administrator may make and enforce

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temporary or experimental regulations to cover emergencies or

special conditions, but no such temporary or experimental regulation

shall remain in effect for more than ninety (90) days.

B.

The administrator may test traffic-control devices under actual traffic

conditions.

Chapter 3.

APPLICATION OF TRAFFIC REGULATIONS

10-3-1

Obedience to [this Title]: It is unlawful and, unless otherwise declared in this

Title with respect to particular offenses, it is a civil penalty assessment

offense and a violation for any person to do any act forbidden or fail to

perform any act required in this Title 10.

Annotation: This section was revised in the 2016 Amended and Restated

Title 10 to limit applicability to civil violations of this Title.

10-3-2

Obedience to Officers: No person shall willfully fail or refuse to comply with

any lawful order or direction of any [Peace] Officer or fire department officer

invested by this chapter with authority to direct, control, or regulate traffic.

10-3-3

Authority of Police and Fire Departments to Enforce Pueblo of Acoma Law

and Where Applicable Certain [New Mexico] Law

A.

It is the duty of [Peace] Officers, or such officers as may be assigned

by the chief of police, to enforce all traffic regulations of this Pueblo

and all applicable [New Mexico] vehicle laws that are not inconsistent

with the Pueblo of Acoma laws or customs and traditions of the

Pueblo of Acoma.

B.

[Peace] 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 regulation. 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.

Annotation: The 2016 Amended and Restated Title 10 replaces “state”

where appropriate with "New Mexico", and to limit the extent of such laws to

those “that are not inconsistent with Pueblo of Acoma Law or customs and

traditions of the Pueblo of Acoma.”

10-3-4

Authorized Emergency Vehicles.

A.

The driver of an authorized emergency vehicle, when responding to

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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 exercises the privileges set forth in this section

subject to the conditions stated. The director and the chief of police

may designate emergency vehicles and revoke the designation.

When vehicles are so designated, they are authorized emergency

vehicles.

B.

The driver of an authorized vehicle may:

1.

Park or stand, irrespective of the provisions of this Title;

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. This section is not a

waiver of the Pueblo of Acoma's sovereign immunity unless otherwise

directed by the Tribal Council.

Annotation: This 2016 Amended and Restated Title 10 adds the

following sentence: “This section is not a waiver of the Pueblo of

Acoma’ sovereign immunity unless otherwise directed by the Tribal

Council.”

10-3-5

Application of [this Title] to Persons Propelling Push Carts, Riding Animals or

Driving Animal-drawn Vehicles: Every person riding an animal, driving an

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

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of a vehicle by this [Title], except those provisions of this [Title] which by their

very nature can have no application, and except where otherwise specifically

provided herein.

Annotation: The 2016 Amended and Restated Title 10 replaces “Traffic

Ordinance" with "Title," and removes former 10-3-6 - Use of Coaster

Wagons, Roller Skates, Skateboards, and Similar Devices.

10-3-6

Public Officers and Employees to Obey [this Title]: Exceptions

A.

The provisions of this Title, applicable to the drivers of vehicles upon

the streets, shall apply to the drivers of all vehicles owned or operated

by the Pueblo, the United States, [New Mexico], or any county, city,

town, district, or any other political subdivision of[New Mexico], except

as provided in this section and subject to such specific exceptions as

are set forth in this chapter with reference to authorized emergency

vehicles.

Annotation: The 2016 Amended and Restated Title 10 recodifies

the former 10-3-7 as 10-3-6, replaces “this state” and “the state”

where appropriate with "New Mexico."

B.

Chapter 4.

Unless specifically made applicable, the provisions of this chapter

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.

ACCIDENT AND ACCIDENT REPORTS

Annotation: The 2016 Amended and Restated Title 10 removed the

following sections from Title 10, Chapter 4 to Chapter 10A – Criminal Traffic

Code: (1) former 10-4-1- Accident Involving Death or Personal Injuries - is

now recodified at 10A-2-1; (2) former 10-4-3 - Duty to Give Information and

Render Aid – is now recodified at 10A-2-2; and (3) former 10-4-7 - Written

Reports of Accidents, and the former 10-4-10 - Written Accident Reports

Confidential; Exceptions, are removed.

10-4-1

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 [10A-2-2]. Every such stop shall be made

without obstructing traffic more than is necessary.

Annotation: The 2016 Amended and Restated Title 10 recodifies the

former 10-4-2 as 10-4-1 and gives the new citation to the former 10-4-3 in

brackets. The sentence “Any person failing to stop or comply with said

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requirements under such circumstances shall be guilty of a misdemeanor” is

removed.

10-4-2

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 such vehicle

of the name and address of the driver and 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.

Annotation: The 2016 Amended and Restated Title 10 recodifies the

former 10-4-4 as 10-4-2.

10-4-3

Duty upon Striking Fixtures or Other Property upon a Street: The driver 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 request exhibit his driver's license and

shall make report of such accident when and as required in Section 10-4-7.

Annotation: The 2016 Amended and Restated Title 10 recodifies the

former 10-4-5 as 10-4-3.

10-4-4

Immediate Notice of Accidents

A.

The driver of any 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 means of communication, give notice of such accident to the

police department.

B.

Whenever the driver of a vehicle is physically incapable of 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.

Annotation: The 2016 Amended and Restated Title 10 recodifies the

former 10-4-6 as 10-4-4.

10-4-5

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[Title], or struck by any bullet, shall report to the police department within

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twenty-four (24) 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.

Annotation: The 2016 Amended and Restated Title 10 recodifies the

former 10-4-8 as 10-4-5, and replaces “ordinance” with “[Title]”.

10-4-6

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.

Annotations: (1) The 2016 Amended and Restated Title 10 recodifies

former 10-4-9 as 10-4-6; (2) For the penalty assessments for the violation of

sections 10-4-1 to 10-4-6, see 10-12-2(A), Schedule of Assessments.

Chapter 5.

SIGNS, SIGNALS, AND MARKINGS

10-5-1

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 chapter and to regulate, warn or guide traffic.

10-5-2

Manual and Specifications for Traffic-Control Devices: The administrator

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 Title or to regulate, warn or guide traffic. All such trafficcontrol devices hereafter erected shall conform to standard specifications.

10-5-3

Obedience to Required Traffic-Control Devices: The driver of any vehicle

shall obey the instructions of any official traffic-control device applicable

thereto placed in accordance with the provisions of this Title, unless

otherwise directed by a traffic or [Peace] Officer, subject to the exceptions

granted the driver of an authorized emergency vehicle in this Title.

10-5-4

When Official Traffic-Control Devices Required for Enforcement Purpose:

No provision of this Title for which signs are required shall be enforced

against alleged violator if at the time and place of the alleged violation [an]

official sign is not in proper position and sufficiently 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.

Annotation: The word "and" is replaced with "an" to clarify the language of

the law.

10-5-5

Official Traffic-Control Devices; Presumption of Legality.

A.

Whenever official traffic-control devices are placed in position

approximately conforming to the requirements of this Title, such

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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 Title and purporting to [conform] to the lawful requirements

pertaining to such devices shall be presumed to comply with the

requirements of this Title, unless the contrary shall be established by

competent evidence.

Annotation: To clarify the language of the law, "confirm" is replaced with

"conform".

10-5-6

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 combination, 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.

B.

C.

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 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.

Yellow alone when shown following 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 street until the

green is shown alone unless authorized to do so by a

pedestrian "walk" signal.

Red alone:

1.

Vehicular traffic facing the signal shall stop before entering the

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crosswalk on the near side of the intersection or, if there is no

crosswalk, then before entering the intersection, and shall

remain stopped until permitted to proceed by a green light or

arrow, or 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;

D.

2.

Vehicular traffic on a one-way street 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 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 in prohibited; and

4.

No pedestrian facing the signal shall enter the street until the

green is shown along unless authorized to do so by a

pedestrian "walk" signal.

Red with green arrow:

1.

Vehicle 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

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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.

10-5-7

10-5-8

Pedestrian Control Signals: Whenever special pedestrian control signals

exhibiting the word "walk" or "don't walk" are in place:

A.

"Walk" indicates that pedestrians facing the signal may proceed

across the street in the direction of the signal and shall be given right

of way by drivers of all vehicles; and

B.

"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.

Flashing Signals

A.

B.

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 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 flashing, drivers or vehicles

may proceed through the intersection or past such signal only

with caution.

This section shall not apply at railroad grade crossings. Conduct of

drivers of vehicles approaching railroad grade crossing shall be

governed by the rules as set forth in Sections 10-6-7(E) through 10-67(H) of this Title.

10-5-9

Lane-Direction-Control Signals: When lane-direction 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.

10-5-10

Display of Unauthorized Signs, Signals or Markings

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10-5-11

10-5-12

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 traffic, or which hides from view or interferes with the

effectiveness of any official traffic-control device or any railroad sign

or signals, 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

remove 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.

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 any 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

obstruction 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 including 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 (3) and eight (8) 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 twenty-five (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 administrator may

remove the obstruction or cause it to be removed without notice and

assess costs involved to the violator.

Play Streets

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10-5-13

10-5-14

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 to 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.

Crosswalks and Safety Zones: The administrator, upon the basis of

engineering and traffic study investigations, may:

A.

Designate and maintain crosswalks by appropriate devises, marks or

lines on the surface of the street where, in his opinion, there is

particular danger to pedestrians crossing the street; and

B.

Establish safety zones of the kind and character and at places he

deems necessary for the protection of pedestrians.

Traffic Lanes

A.

The administrator, upon the basis of engineering and traffic study

investigations, may mark 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.

Annotation: For the penalty assessments for the violation of sections 10-51 to 10-5-14, see 10-12-2(A), Schedule of Assessments.

Chapter 6.

TRAFFIC REGULATIONS

10-6-1

Speed Regulations

A.

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 at 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 exist with respect to pedestrians or

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other traffic or by reason of weather or highway conditions. For any

violation under this section for which there is a more specific violation

that is applicable, the person shall be charged with the more specific

violation and not with this section.

Annotation: The 2016 Amended and Restated Title 10 added the following

sentence to 10-6-1(A): “For any violation under this section for which there

is a more specific violation that is applicable, the person shall be charged

with the more specific violation and not with this section.”

B.

Speed Limits

1.

No person shall drive a vehicle on a street at a speed greater

than:

a.

Fifteen (15) miles per hour on all streets when passing

a school while children are going to, or leaving school,

and when the school zone is properly posted.

b.

Thirty (30) miles per hour in any business or residence

district; or

c.

The lawfully posted speed limit when signs are erected

giving notice of the speed limit. Penalties for violation

of this section are subject to the posted speed and the

speed at which the person is charged with driving their

vehicle.

Annotation: The 2016 Amended and Restated Title 10 added the

following sentence to 10-6-1(B)(1)(c): “Penalties for violation of this

section are subject to the posted speed and the speed at which the

person is charged with driving their vehicle.”

2.

C.

In every event, speed shall be so controlled as may be

necessary:

a.

To avoid colliding with any person, vehicle or other

conveyance on, or entering, the street; and

b.

To comply with legal requirements as may be

established by the chief of police or administrator, and

the duty of all persons to use due care.

Establishment of Speed Zones

1.

Whenever the administrator determines, after study, that any

speed limit permitted under Pueblo law or local ordinance is

greater or less than is reasonable or safe under the conditions

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found to exist upon any part 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.

2.

Alteration of speed limits on highway by the administrator are

not effective until approved by the chief of police.

3.

The administrator shall adhere to and abide by all applicable

statutes in making his determination of speed limits in the

Pueblo.

4.

Whenever the administrator declares a speed limit, he shall

submit a schedule of the speed limit to the police department,

the judge, the court clerk and the Pueblo attorney.

5.

Speed zones may be 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.

D.

Regulation of Speed by Traffic Signals [Reserved for future use].

E.

Minimum Speed Regulation

F.

1.

No person shall drive a motor vehicle at such 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 Title.

2.

Whenever the administrator determines on the basis of a study

that slow speeds on any part of a street consistently impede

the normal and reasonable movement of traffic, the

administrator 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 Title.

3.

[Peace] 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.

Charging Violations

1.

In every charge of violation of any speed regulation under this

Title, the complaint and the uniform traffic citation shall specify

the speed at which the defendant is alleged to have driven and

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the maximum speed applicable within the district or at the

location.

2.

G.

Provisions of this Title for maximum speed limitation 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.

Special Speed Limitations

1.

Subject to the requirements of Section [10-10-1(A)(69)] of this

Title, 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.

2.

No person shall 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.

Annotations: The 2016 Amended and Restated Title 10 corrects the

citation for 10-10-1(A)(69) – Solid Tire – in 10-6-1(G)(1). For the penalty

assessments for the violation of sections 10-6-1A to 10-6-IG, see 10-122(A), Schedule of Assessments

10-6-2

Driving on Right Side of Street; Overtaking and Passing; Use of Street

A.

Drive on Right Side of Street: Exceptions

1.

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:

a.

When overtaking and passing another vehicle

proceeding in the same direction under the rules

governing such movement.

b.

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;

c.

When the right half of a street is closed to traffic while

under construction or repair;

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d.

Upon a street divided into three marked lanes for traffic

under the rules applicable thereon; or

e.

Upon a street designated and signposted for one-way

traffic.

2.

Upon all streets 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 overtaking and passing

another car proceeding in the same direction or when

preparing for a left turn at an intersection or into a private road

or driveway.

3.

Upon any street having four or 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 section 10-6-2(A)(1)(b). 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.

B.

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 onehalf of the main-traveled portion of the street as nearly as possible.

C.

Overtaking a Vehicle on the Left: The following rules shall govern

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 proceeding

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.

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D.

Limitations on Overtaking on the Left: No vehicle shall be driven to

the left side of the center of the 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 interfering 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 (100) feet of any vehicle

approaching from the opposite direction.

E.

Further Limitations on Driving on Left or Center of Street

1.

2.

F.

No vehicle shall at any time be driven to the left side of the

street under the following conditions:

a.

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;

b.

When approaching within one hundred (100) feet or

traversing any intersection or railroad grade crossing; or

c.

When the view is obstructed upon approaching within

one hundred (100) feet of any bridge, viaduct, or tunnel.

The foregoing limitations shall not apply:

a.

Upon a one-way street;

b.

Under the conditions described in 10-6-2(A)(1)(b); nor

c.

To the driver of a vehicle turning left into or from an

alley, private road or driveway.

When Overtaking on the Right Is Permitted

1.

The driver of a vehicle may overtake and pass upon the right

of another vehicle only under the following conditions:

a.

When the vehicle overtaken is making or about to make

a left turn;

b.

Upon a street or highway with unobstructed pavement

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not occupied by parked vehicles of sufficient width for

two or more lines of moving vehicles in each direction;

or

c.

2.

G.

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 sufficient width

for two or more lines of moving vehicles.

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.

No Passing Zones and Restrictions on Passing

1.

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.

2.

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 nopassing zone throughout its length. This section does not

apply under the conditions described in Section 10-6-2(A)(1)(c)

or to the driver of a vehicle turning left into or from an alley,

private road or driveway.

3.

When double yellow lines are painted on 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.

4.

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.

5.

Whenever a vehicle is stopped at a marked crosswalk or an

unmarked 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.

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H.

I.

Authority to Designate One-way Streets and Alleys

1.

The administrator may designate and sign streets and alleys

as one-way streets and alleys. The designation shall be made

only on the basis of engineering and traffic investigation.

2.

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 oneway traffic shall be effective unless signs are in place indicating

the direction of the flow of traffic.

3.

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 police department, court

clerk, judge and Pueblo attorney.

Obedience to Signs Designating One-way Streets and Alleys

1.

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.

2.

Failure to comply with such signs is a violation of this Title.

J.

Rotary Traffic Islands [Reserved for future use].

K.

Restricted Direction of Movement on Streets During Certain Periods

L.

1.

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.

2.

Appropriate markings, signs, barriers or other devises shall be

placed to give notice of the restricted movement.

3.

Signs may be placed temporarily designating lanes to be used

by traffic moving in particular direction, regardless of the center

line of the street.

Driving on Streets Laned for Traffic: Whenever any street has been

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divided into two (2) or more clearly marked lanes for traffic the

following rules in addition to all other [rules] 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 another 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 vehicles shall obey the

directions of every such sign; and

4.

Official traffic-control devices may be installed prohibiting the

changing of lanes on sections of streets, and drivers of

vehicles shall obey the directions of every such device.

Annotation: To clarify the language of the law, the word

"rules" is added in 10-6-2(L).

M.

Following Too Closely

1.

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.

2.

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.

3.

Motor vehicles being driven upon any street outside of a

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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.

N.

Driving on Divided Streets

1.

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, unless directed or

permitted to use another segment by official traffic-control

devices or [Peace] Officers.

2.

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 space or at a

crossover or intersection established by public authority.

3.

Where recessed cut-outs are provided 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.

O.

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.

P.

Restrictions on Use of Controlled-access Streets

1.

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 responsibility for exercising due care.

2.

In addition to the provisions of paragraph 1, the local governing

body may, by Tribal Council Resolution, 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.

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3.

No driver shall stop a vehicle upon any controlled-access

street for the purpose of taking on or discharging passengers,

freight or merchandise.

4.

The administrator has the authority to erect and maintain

official traffic-control devises on the controlled-access street on

which the restrictions are applicable, and when such trafficcontrol devises are in place, no person shall disobey the

restrictions stated on the devices.

Annotation: For the penalty assessments for the violation of sections 10-62A to 10-6-2P, see 10-12-2(A), Schedule of Assessments.

10-6-3

Designating Stop and Yield Intersections.

A.

B.

C.

Through Streets Designated

1.

The administrator, upon traffic and engineering study and

investigations, may designate which streets shall be through

streets.

2.

A schedule of the through streets shall be prepared by the

administrator with copies furnished to the police department,

court clerk, judge and Pueblo attorney.

Authority to Erect Stop and Yield Signs at Through Streets

1.

Whenever the administrator designates and describes a

through street, the 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.

2.

However, at the intersection of two through streets or at the

intersection of a through street and 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.

Authority to Erect Stop or Yield Signs at Other Intersections: The

administrator may determine and designate intersections other than

through streets where [a] particular hazard exists and determine:

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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.

Annotation: To clarify the language of the law, the word "a" is to 10-6-3(C.

10-6-4

Right of Way

A.

Vehicle Approaching or Entering Intersection

1.

The driver of a vehicle approaching an intersection shall yield

the right of way to a vehicle which has entered the intersection

from a different street.

2.

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.

3.

The right of way rules declared in paragraphs 1 and 2 are

modified at through streets and otherwise as provided in this

Title.

4.

The driver of a vehicle approaching or entering an interstate

highway shall yield the right of way to the vehicles on the

interstate highway.

B.

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 required by this Title, 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.

C.

Vehicle Entering Stop or Yield Intersection

1.

Preferential right of way at an intersection may be indicated by

stop signs or yield signs as authorized in this Title.

2.

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control signal, every driver of a vehicle approaching a stop

intersection indicated by a stop sign shall stop as required by

Section 10-6-4(C)(4) 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.

3.

The driver of a vehicle approaching a yield sign, shall, in

obedience 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 approaching 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 with a vehicle in the intersection,

after driving past yield sign without stopping, the collision shall

be deemed prima facie evidence of this failure to yield right of

way.

4.

Except when directed to proceed by a [Peace] Officer or trafficcontrol 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 intersection street before entering the intersection.

5.

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 intersection street where the driver has a

view of approaching traffic on the intersection street.

Annotation: For the penalty assessments for the violation of sections 10-64A to 10-6-4C, see 10-12-2(A), Schedule of Assessments.

10-6-5

Turning and Starting and Signals on Stopping and Turning

A.

Required Position and Method of Turning at Intersection: The driver

of a vehicle intending to turn at an intersection shall do so as follows:

1.

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.

2.

At any intersection where traffic is permitted to move in both

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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 intersection 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 intersection to the left of the

center of the intersection.

3.

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.

4.

At any intersection where traffic is restricted to one (1) direction

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 lefthand lane lawfully available to traffic moving in such direction

upon the street being entered.

5.

No person shall drive across any private or public property,

including but not limited to parking areas, driveways and

service station areas, for the purpose of avoiding any traffic

control device or sign.

B.

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 10-6-5(A) 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.

C.

Authority to Place Restricted Turn Signs

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1.

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.

2.

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 permitted.

D.

Obedience to No-turn Signs: Whenever authorized signs are erected

indicating that no right or left or U-turn is permitted, no driver of a

vehicle shall disobey the direction of the sign.

E.

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.

F.

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 (1000) feet.

G.

Starting Parked Vehicle

H.

1.

No person shall start a vehicle which is stopped, standing or

parked unless and until such movement can be made with

reasonable safety.

2.

No person shall move any parked vehicle without giving

appropriate signals as prescribed in Sections 10-6-5(H)

through 10-6-5(J).

Turning and Stopping Movements and Required Signals

1.

No person shall turn a vehicle at an intersection unless the

vehicle is in proper position upon the street as required in

Section 10-6-5(A) or turn a vehicle 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.

2.

A signal of intention to turn right or left when required shall be

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given continuously during no less than the last one hundred

feet traveled by the vehicle before turning.

I.

J.

3.

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 immediately to the

rear when there is opportunity to give such signal.

4.

The signals provided for in this section shall be used to

indicate an intention to turn, change lanes or start from a

parked position and shall not be flashed 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.

Signals by Hand and Arm or Signal Device

1.

Any stop or turn signal when required herein shall be given

either by means of the hand and arm or by signal lamp or

lamps or mechanical signal device except as otherwise

provided in Subsection 2.

2.

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 vehicles exceeds twenty-four inches,

or when the distance from the center of the top of the steering

post to the rear limit the body or load thereof exceeds fourteen

feet. The latter measurement shall apply to any single vehicle;

also to any combination of vehicles.

Method of Giving Hand and Arm Signals: All signals herein required

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 are extended upward;

3.

Stop or decrease speed: hand and arm extended downward.

Annotation: For the penalty assessments for the violation of sections 10-65(A) to 10-6-5(J), see 10-12-2(A), Schedule of Assessments.

10-6-6

Stopping, Standing, and Parking.

A.

Stopping, Standing, or Parking Prohibited in Specified Places

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1.

No person shall stop, stand or park a vehicle, except when

necessary to avoid conflict with other traffic or in compliance

with law or directions of a [Peace] Officer or traffic-control

device, in any of the following places:

a.

On a sidewalk;

b.

In front of a public or private driveway;

c.

Within an intersection;

d.

Within fifteen (15) feet of a fire hydrant;

e.

In a crosswalk;

f.

Within twenty (20) feet of a crosswalk at an intersection;

g.

Within thirty (30) feet upon the approach to any flashing

beacon, stop sign, or traffic-control signal located at the

side of a street;

h.

Between a safety zone and the adjacent curb or within

thirty (30) feet of point on the curb immediately opposite

the end of a safety zone, unless the traffic authority

indicates a different length by signs or markings;

i.

Within fifty (50) feet of the nearest rail of a railroad

crossing;

j.

Within twenty (20) feet of the driveway entrance to any

fire station and the side of a street opposite the

entrance to any fire station within seventy-five (75) feet

of said entrance, when properly signposted;

k.

Alongside or opposite any excavation or obstruction

when stopping, standing, or parking would obstruct

traffic;

l.

On the street side of any vehicle stopped or parked at

the edge or curb of a street;

m.

Upon any bridge or other elevated structure upon a

street or within a street tunnel;

n.

Any place where official signs prohibit stopping;

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o.

On any railroad track; or

p.

Between a curb and sidewalk or between a curb or

lateral direction of a roadway, and the adjacent property

line.

Annotation: To clarify the language of the law, the word "or" replaces "of"

in 10-6-6(A)(1).

B.

2.

No person shall move a vehicle not lawfully under his control

into any such prohibited area or away from a curb such

distance as is unlawful.

3.

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 meters.

Additional Parking Regulations

1.

Except as otherwise provided in this Title 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 (18) inches of

the right-hand curb.

2.

Except where otherwise provided in this Title, 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 righthand wheels within eighteen (18) inches of the right-hand curb

or edge of the street or its left-hand wheels within eighteen

(18) inches of the left-hand curb or edge of the street.

Annotation: The designation of 10-6-6(B)(A) to 10-6-6(B)(1) and the

designation of 10-6-6(B)(B) to 10-6-6(B)(2).

C.

Stopped or Parked Vehicles Not to Interfere with Other Traffic: No

motor vehicle shall be stopped, parked, or left standing, 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.

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D.

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 ten (10) feet of the width of the alley for the free movement of

vehicular traffic, 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.

E.

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 thirty

(30) minutes between the hours of 2:00 a.m. and 5:00 a.m. of any

day, except physicians on emergency calls.

F.

Parking for Certain Purposes Prohibited: No person shall park a

vehicle on any street for the principal purpose of:

G.

H.

I.

1.

Displaying the vehicle for sale; or

2.

Washing, greasing or repairing the vehicle except repairs

necessitated by an emergency.

Parking Adjacent to Schools Prohibited

1.

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.

2.

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.

Parking Prohibited on Narrow Streets

1.

The administrator may erect signs indicating no parking on any

street when the width of the street does not exceed twenty-four

(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

thirty-two (32) feet.

2.

When official signs prohibiting parking 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.

Standing or Parking on One-way Streets

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1.

The administrator may erect signs on the left-hand side of any

one-way street to prohibit the standing or parking of vehicles.

2.

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.

Annotation: The designation of 10-6-6(I)(A) is corrected to 10-6-6(I)(1) and

the designation of 10-6-6(I)(B) is corrected to 10-6-6(I)(2).

J.

Standing or Parking on Divided Streets

1.

In the event of a divided street includes two 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.

2.

The administrator may determine where standing or parking

may be permitted on the left-hand side of any such one-way

portion of a divided street and to erect signs giving notice

thereof.

Annotation: The designation of 10-6-6(J)(A) is corrected to 10-6-6(J)(1)

and the designation of 10-6-6(J)(B) is corrected to 10-6-6(J)(2).

K.

L.

No Stopping, Standing, or Parking near Hazardous or Congested

Places

1.

The administrator may determine and designate by proper

signs, places at intervals not exceeding one hundred (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.

2.

When official signs are erected at hazardous or congested

places as authorized in paragraph 1, no person shall stop,

stand or park a vehicle in any such designated place.

Stopping, Standing, or Parking Restricted or Prohibited on Certain

Streets

1.

The provisions of this section prohibiting the standing or

parking 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 [Peace] Officer or

official traffic-control device.

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M.

2.

The provisions of this section imposing a time limit on parking

shall relieve any person from the duty to observe other and

more restrictive provisions prohibiting or limiting the stopping,

standing or parking of vehicles in specified places or at

specified times.

3.

The administrator may impose restrictions or prohibitions on

standing, stopping or parking and they shall apply as follows:

a.

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 streets so designated;

b.

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 specified on the sign

on any day, except Sundays and public holidays, within

the district or on any of the streets so designated; or

c.

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.

4.

Whenever by this or any other chapter of this Pueblo, 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.

5.

No regulation authorized in this section shall be effective

unless signs giving notice of prohibitions or limitations are

erected and in place at the time of any alleged offense.

Angle Parking and Permits for Loading or Unloading at an Angle to

the Curb

1.

The administrator may determine upon what streets angle

parking is permitted and shall mark or sign such streets:

a.

Any designation of angle parking shall be made on the

basis of engineering and traffic study and investigation;

b.

The administrator may permit angle parking on any

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street, except that angle parking shall not be permitted

on any federal-aid or [New Mexico] highway unless the

[New Mexico Transportation Commission] has

determined by resolution or order entered in its minutes

that the street is of sufficient width to permit angle

parking without interfering with free movement of traffic;

2.

c.

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

d.

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 or the street indicated by signs or markings.

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:

a.

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 chapter; and

b.

No permittee or other person shall violate any of the

special terms or conditions of a permit.

Annotation: In 10-6-6(M)(1)(b) references to “state” are replaced with “New

Mexico” and “State Highway Commission" is replaced with the name of the

entity consistent with New Mexico law as of 2016.

N.

Stopping, Standing or Parking Outside of Business or Residence

Districts

1.

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.

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2.

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 temporarily leaving such disabled vehicle in such

position.

Annotation: For the penalty assessments for the violation of sections 10-66(A) to 10-6-6(N), see 10-12-2(A), Schedule of Assessments.

10-6-7

Special Stops Required

A.

Emerging from Alley, Building, Driveway, or Private Road

1.

The driver of a vehicle within a business or residence district

emerging from an alley, driveway, or building shall stop such

vehicle immediately 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.

2.

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 approaching on said street.

B.

Stop When Traffic Obstructed: No driver shall enter an intersection 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, notwithstanding any traffic-control signal indication to

proceed.

C.

Stopping for School Bus

1.

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 (10) 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.

2.

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

(8) inches in height.

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D.

E.

3.

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 pedestrians are not

permitted to cross the roadway.

4.

It is unlawful to operate any flashing warning signal light on any

school bus on any street except when the school bus is

stopped or is about to stop on a street for the purpose of

permitting school children to board or alight from the school

bus.

Operation of Vehicle on Approach of Authorized Emergency Vehicle

1.

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, exhaust 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 righthand edge or curb of the street clear of any intersection and

shall stop and remain in such position, until the authorized

emergency vehicle has passed, except when otherwise

directed by a [Peace] Officer.

2.

This section shall not operate to relieve the driver of an

authorized emergency vehicle from the duty to drive with due

regard for the safety of all persons using the highway.

Obedience to Signal Indicating Approach of Train

1.

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 (50)

feet but not less than fifteen (15) feet from the nearest rail of

such railroad, and shall not proceed until he can do so safely.

The foregoing requirements shall apply when:

a.

A clearly visible electric or mechanical signal device

gives you warning of the immediate approach of railroad

train;

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2.

b.

A crossing gate is lowered or when a human flagman

gives or continues to give a signal of the approach or

passage or a railroad train;

c.

A railroad train approaching within approximately one

thousand five hundred (1500) 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

d.

An approaching railroad train is plainly visible and is in

hazardous proximity to such crossing.

No person shall drive any vehicle through, around or under any

crossing gate or barrier at a railroad crossing while such gate is

closed or is being opened or closed.

F.

All Vehicles Must Stop at Certain Railroad Grade Crossings: The

administrator, with the approval of the [New Mexico transportation]

commission, may designate 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 (50)

feet but not less than fifteen (15) feet from the nearest rail of such

railroad and shall proceed only upon exercising due care.

G.

Certain Vehicles Must Stop at Railroad Grade Crossings: Exceptions

1.

The driver of any motor vehicle carrying passengers for hire, or

any school bus carrying any school child, or of any vehicle

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 (50) feet

but not less than fifteen (15) 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.

2.

No stop need be made at any crossing where a [Peace] Officer

or a traffic-control signal directs traffic to proceed.

3.

No stop need be made at:

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H.

a.

A streetcar crossing, or railroad crossing used

exclusively for industrial switching purposes within a

business district as defined in Section 10-1-1(A)(7);

b.

A railroad grade crossing where a stop-and-go traffic

light controls movement of traffic;

c.

An abandoned railroad grade crossing which is marked

with a sign indicating that the railroad is abandoned; or

d.

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.

Moving Heavy Equipment at Railroad, Grade Crossings

1.

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 (10) or less miles per

hour or a vertical body or load clearance of less than one-half

(1/2) inch per foot of the distance between any two adjacent

axles or in any event of less than nine (9) 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.

2.

Notice of any such intended crossing shall be given to a station

agent of such railroad to provide proper protection at such

crossing.

3.

Before making such crossing the person operating or moving

any such vehicle or equipment shall first stop the same not

less than fifteen (15) feet nor more than fifty (50) feet from the

nearest rail of such railroad and while so stopped shall listen

and look in both directions along such tract for any

approaching train and for signals indicating the approach of a

train, and shall not proceed until the crossing can be made

safely.

4.

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.

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5.

This section shall not apply to the normal movement of farm

equipment in the regular course of farm operation.

Annotation: For the penalty assessments for the violation of sections 10-67(A) to 10-6-7(H), see 10-12-2(A), Schedule of Assessments.

10-6-8

Passenger and Freight Curb Loading Zones.

A.

Permits for 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 10-6-8(A) through

10-6-8(D) are applicable.

B.

Permits for Curb Loading Zones

1.

The administrator shall not designate 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.

2.

After the administrator has granted a permit and before signs

and markings as may be necessary are installed, the applicant

shall pay to the [Pueblo] treasurer a service fee of $25 per 22foot stall plus 25 cents per foot for additional space per year or

fraction thereof.

3.

The administrator may impose conditions and general

regulation for the use of the signs and for reimbursement of

the [Pueblo] for the value thereof in the event of loss or

damage and their return in the event of misuse of upon

expiration of permit.

4.

Every permit shall expire at the end of each calendar year.

Annotation: The word “city” is replaced with "Pueblo" in 10-6-8(B)(2) and

(3).

C.

Stopping, Standing, or Parking in Passenger Curb Loading Zones:

No person shall stop, stand or park a vehicle for any purpose or

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 of not to exceed three (3)

minutes.

D.

Stopping, Standing, or Parking in Freight Curb Loading Zone

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1.

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 thirty (30) minutes.

2.

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 actually 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.

Annotation: For the penalty assessments for the violation of sections 10-68(C) to 10-6-8(D), see 10-12-2(A) Schedule of Assessments.

10-6-9

Public Carrier Stops and Stands.

A.

B.

C.

Authority to Designate Public Carrier Stops and Stands

1.

The administrator may establish bus stops, 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.

2.

Every designated bus stop, bus stand, taxicab stand or other

stand shall be designated by appropriate signs.

Fees and Permits for Public Carrier Stops and Stands: The following

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.

One hundred dollars ($100) per year or fraction thereof for

each stand located within the central business district; and

2.

Twenty-five dollars ($25) per year or fraction thereof for each

stall located in any area outside the central business district.

Stopping, Standing and Parking of Buses and Taxicabs Regulated:

The stopping, standing and parking of buses and taxicabs is regulated

as follows:

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D.

1.

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 Title.

2.

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.

3.

The operator of a bus shall enter a bus stop, bus stand or

passenger 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 the right front wheel of the

vehicle not farther than eighteen (18) inches from the curb and

the bus approximately parallel to the curb so as not to unduly

impede the movement of other vehicle traffic.

4.

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 regulations at any

place for the purpose of, and while actually engaged in, the

expeditious loading or unloading of passengers.

Restricted Use of Bus and Taxicab Stands

1.

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.

2.

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.

Annotation: For the penalty assessments for the violation

of sections 10-6-9(C) to 10-6-9(D), see 10-12-2(A),

Schedule of Assessments.

10-6-10

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

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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 precautions, 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, indicating

the crossings and regulating traffic movement within the school zones.

D.

School crossings are not required to be specifically 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 over head crossing is

provided.

Annotation: For the penalty assessments for the violation of section 10-610(A), see 10-12-2(A) Schedule of Assessments.

10-6-11

Excessive Size and Weight, Slow-moving and Hazardous Vehicles

A.

Permit for Moving Excessive Size and Weight Vehicles: The

administrator may, at his discretion, upon application in writing and

good cause being shown, issue a special permit in writing authorizing

the applicant to operate or move a vehicle or load of a size or weight

exceeding the maximum specified by Counsel 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 [Peace]

Officer. It is a penalty assessment offense for any person to violate

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any of the conditions or terms of the special permit.

Annotation: The 2016 Amended and Restated Title 10 adds the following

language at the end of this subsection: “It is a penalty assessment offense

for any person to violate any of the conditions or terms of the special

permit.”

B.

C.

Slow-moving Vehicle Identification

1.

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 (25) miles an hour.

2.

Each slow-moving vehicle moved, operated or driven on a

highway which is open for vehicular travel shall display a slowmoving vehicle emblem or flashing amber light.

3.

Use of emblem is confined 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 slowmoving vehicles of red flags or lawful lighting devices in

addition to the slow-moving vehicle emblem.

4.

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.

Escort to Be Furnished for Movement of Hazardous Vehicles: 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

conditioned upon a special escort accompanying the hazardous

vehicle.

Annotation: For the penalty assessments for the violation of sections 10-611(A) to 10-6-11(B), see 10-12-2(A) Schedule of Assessments.

10-6-12

Driving Regulations

Annotation: The 2016 Amended and Restated Title 10 removes 10-6-12(A)

- Operating a Motor Vehicle under the Influence of Intoxicating Liquor to Title

10A -2-5; removes 10-6-12(B) - Operating a Motor Vehicle under the

Influence of Drugs to Title 10A-2-5; removed 10-6-12(C) to 10A-2-6;

removed10-6-12(S) - Racing on Streets to Title 10A-2-9; and 10-6-12(X) –

Parties to Unlawful Acts to Title 10A-2-10. For the penalty assessments for

the violation of sections 10-6-12(A)to 10-6-12(R), see 10-12-2(A) Schedule of

Assessments.

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A.

Careless Driving

1.

Any person operating a vehicle on the street shall give his full

time and entire attention to the operation of the vehicle.

2.

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.

Annotation: In the 2016 Amended and Restated Title 10 former 10-6-12(D)

is recodified 10-6-12(A).

B.

Drivers Must Be Licensed

1.

Except those exempted from the Pueblo of Acoma Traffic

Code, no person shall drive any motor vehicle, neighborhood

electric car or moped upon a highway or road on Acoma lands

unless the person holds a valid license issued by the Pueblo of

Acoma, a State of the United States or a federally recognized

Indian nation or tribe.

2.

Every licensee shall have his driver's license in his immediate

possession at all times when operating a motor vehicle or

moped, and shall display the same upon demand of an Acoma

[Peace] Officer. However, no person charged with violating

this section shall […]be convicted if the person produces, in

court, a driver's license issued to the person that was valid at

the time of the person's arrest.

3.

Repeated violations, exceeding two violations, for failure to

have a valid license may be subject to additional penalties for

contempt.

Annotation: In the 2016 Amended and Restated Title 10 former 10-612(E) is now 10-6-12(B) and the words “Operators and Chauffeurs” have

been replaced with “Drivers” and the word "not" is removed from 10-612(B)(2) to clarify the language of the law. text of this subsection is added.

C.

Unlawful Use of License

No person shall:

1.

Display or cause or permit to be displayed or have in his

possession any [cancelled], [or] suspended driver's license or

permit;

2.

Lend his driver's license or permit to any other person or

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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;

5.

Permit any unlawful use of driver's license or permit issued to

him;

6.

Drive a motor vehicle on the streets of this Pueblo at a time

when his privilege to do so is suspended, revoked or denied.

Annotation: In the 2016 Amended and Restated Title 10 former 10-6-12(F)

is now designated 10-6-12(C) and the word “revoked” is removed from 10-612(C)(1). The language in brackets in 10-6-12(C)(1) is added to clarify the

wording of the law.

D.

Fleeing or Attempting to Elude a [Peace] Officer. No driver of a

motor vehicle shall willfully fail or refuse to bring 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.

1.

The signal given by the [Peace] Officer may be by hand, voice,

emergency light or siren.

2.

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,

except as otherwise exempted.

Annotation: In the 2016 Amended and Restated Title 10 former 10-612(G) is now designated as 10-6-12(D).

E.

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

a [manner] that the vehicle will be held by the curb or will leave the

street if the brake fails.

Annotation: In the 2016 Amended and Restated Title 10 former 10-6-12(H)

is now designated as 10-6-12(E). To clarify the wording of the law, the word

"matter" is replaced with "manner".

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F.

Limitations on Backing

1.

2.

The driver of a vehicle shall not back up:

a.

Unless the movement can be made with reasonable

safety and without interfering with other traffic;

b.

Upon any shoulder or roadway of any controlled-access

street, or upon the exit or entry road of any controlledaccess street;

c.

Into an intersection or around a corner unless preceded

by an observer to safely direct the movement; or

d.

From a private driveway into any street unless the

movement can be made with safety and without

interfering with traffic on the street.

In no case shall a vehicle be backed more than sixty (60) feet

unless preceded by an observer to safely direct the movement.

Annotation: In the 2016 Amended and Restated Title 10 former 10-612(I) is now designated as 10-6-12(F).

G.

Obstruction to Driver's View or Driving Mechanism

1.

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.

2.

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.

Annotation: In the 2016 Amended and Restated Title 10 former 10-612(J) is now designated as 10-6-12(G).

H.

Restriction on Use of Television in Motor Vehicles: It shall be

unlawful to operate in this Pueblo 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.

Annotation: In the 2016 Amended and Restated Title 10 former 10-612(K) is now designated 10-6-12(H).

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I.

Coasting Prohibited: The driver of any motor vehicle when traveling

upon a down grade shall not coast with the clutch disengaged.

Annotation: In the 2016 Amended and Restated Title 10 former 10-612(L) is now designated 10-6-12(I).

J.

Following Fire Apparatus Prohibited: The driver of any vehicle other

than one [on] official business shall not follow any fire apparatus

traveling in response to a fire alarm closer than five hundred (500)

feet, or [drive] into or park such vehicle within the block where fire

apparatus has stopped in answer to a fire alarm.

Annotations: In the 2016 Amended and Restated Title 10 former 10-612(M) is now designated 10-6-12(J). To clarify the language of the law in 106-12(J) "of" is replaced with "on" and "driver" is replaced with "drive".

K.

Crossing Fire Hose: No vehicle shall be driven over any unprotected

hose of the fire department when laid down on any street or private

driveway, without the consent of the fire department official in

command.

Annotation: In the 2016 Amended and Restated Title 10 former 10-612(N) is now designated 10-6-12(K).

L.

Driving Through Safety Zone Prohibited: No vehicle shall at any time

be driven through or within a safety zone.

Annotation: In the 2016 Amended and Restated Title 10 former 10-612(O) is now designated 10-6-12(L).

M.

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

ordinarily used for vehicular traffic, private roads, driveways or alleys

in this Pueblo, except as otherwise provided by this Title or as

otherwise authorized or designated by the administrator or his

designated representative.

Annotation: In the 2016 Amended and Restated Title 10 former 10-612(P) is now designated 10-6-12(M).

N.

Prohibited Activities While Driving: No person shall:

1.

Drive a vehicle while engaged in any activity which interferes

with the safe operation of the vehicle;

2.

Drive while having in his lap any person, adult or minor, or any

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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.

Annotation: In the 2016 Amended and Restated Title 10 former 10-612(R) is now designated 10-6-12(N).

O.

Processions

1.

No driver of a vehicle shall drive between the vehicles

comprising a funeral or other authorized procession while the

[procession] is in motion. The provision shall not apply at

intersections where traffic is controlled by [Peace] Officers.

2.

Each driver in a funeral or other procession shall drive as near

to the right-hand edge of the street as practicable and safe.

Annotations: In the 2016 Amended and Restated Title 10 former 10-612(T) is now designated 10-6-12(O) and in the new 10-6-12(O)(1) after the

word “motion” the words “and when the vehicles in the procession are

conspicuously designated as required in this section” are deleted, and

former subsections 3 and 4 are deleted. To clarify the language of the law

"processing" is replaced with "procession".

P.

Driver to Take Precautions Approaching the Blind

1.

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 precautions to avoid injury to the blind

pedestrian. Any driver who fails to take necessary precautions

shall be liable in damages for any injury caused to the

pedestrian.

2.

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

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negligence.

Annotation: In the 2016 Amended and Restated Title 10 former 10-6-12(U)

is now designated 10-6-12(P).

Q.

Offenses by Persons [Owning] or Controlling Vehicles: It is unlawful

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 Pueblo in any manner contrary to this

Title.

Annotation: In the 2016 Amended and Restated Title 10 former 10-6-12(V)

is now designated 10-6-12(Q). To clarify the language of the law is replaced

with "owning."

R.

Permitting Unauthorized Persons to Drive

1.

No person shall cause or knowingly permit his child or ward

under the age of eighteen (18) years to drive a motor vehicle,

upon any street when such minor is not authorized [to drive]

under Pueblo, Tribal or state law or is in violation of the

provisions of any Pueblo of Acoma Law and Order Code,

Tribal or State law.

2.

No person shall authorize or knowingly permit a motor vehicle

owned by him or under who is not authorized under state or

tribal law or is in violation of any state or tribal motor vehicle

code.

Annotations: For the penalty assessments for the violation of sections 106-12(A) to 10-6-12(R), see 10-12-2(A), Schedule of Assessments. The

2016 Amended and Restated Title 10 former 10-6-12(W) is now 10-6-12(R).

The text of the former section is revised to include after Pueblo law “Tribal

or state,” “the” is replaced with “any”. "Drive" is added to clarify the

language of the law. Subsection 2 is added.

10-6-13

Miscellaneous Traffic Regulations.

A.

Offenses Relating to Driving under the Influence

1.

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, narcotic drugs or any other drug to a

degree which renders him incapable of safely driving the

vehicle.

2.

No person under the influence of intoxicating liquor, narcotic

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drug or other drug to a degree which renders him incapable of

driving safely shall start or attempt to operate a vehicle.

Annotation: The 2016 Amended and Restated Title 10 replaces the title of

section 10-6-13(A) with “Offenses Relating to Driving under the Influence”

and removes former sub-sections 3 (prohibiting the drinking of any

“intoxicating liquor” while in a motor vehicle on any street) and 4 (prohibiting

driving with an open container of any “alcoholic substance or beverage”).

These former sub-sections 3 and 4 are now addressed in section 10-6-13(L)

- Consumption or Possession of Alcoholic Beverages in Open Containers in

a Motor Vehicle Prohibited – Exceptions.

B.

C.

Unlawful Riding

1.

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.

2.

This provision shall not apply to any employee engaged in the

necessary discharge of a duty or to person riding within truck

bodies in space intended for merchandise.

Moving or Molesting Unattended Vehicles

1.

No person shall individually or in association with one or more

others do any of the following:

a.

Purposely, and without authority from the owner, start or

cause to be started the engine of any motor vehicle;

b.

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;

c.

Purposely scratch or damage the chassis, running gear,

body, sides, tip covering or upholstering of a motor

vehicle which is the property of another;

d.

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 permission of

the owner;

e.

Purposely drain or start the drainage of any radiator, oil

tank or gas tank upon a motor vehicle, without the

permission of the owner;

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2.

E.

f.

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;

g.

Maliciously tighten or loosen any bracket, bolt, wire, nut,

screw, or other fastening on a motor vehicle; or

h.

Purposely release the brake upon a standing motor

vehicle with the intent to injure said machine.

The foregoing provisions shall not apply to a [Peace] Officer or

member of the fire department or street maintenance

department who in discharge 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 [Peace] Officer or member of the fire department

or street maintenance department who in the discharge of this

duties legally orders or directs the moving of the unattended

vehicle.

Destructive or Injurious Material on Roadway

1.

No person shall 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.

2.

Any person 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.

3.

Any person removing a wrecked or damaged vehicle from a

street shall remove any glass or other injurious substance

dropped upon the street from such vehicle.

4.

No vehicle 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.

5.

No person shall operate on any street any vehicle or

combination of vehicles with any load unless said load and any

covering thereon is securely fastened so as to prevent said

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covering or load and from becoming loose, detached, or in any

manner a hazard to other users of the street.

Annotation: In the 2016 Amended and Restated Title 10 former 10-6-13(E)

is now designated 10-6-13(D).

E.

Trains and Buses Not to Obstruct Streets: No person or corporation

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.

Annotation: In the 2016 Amended and Restated Title 10 former 10-6-13(E)

is now designated 10-6-13(D).

F.

Boarding or Alighting from Vehicles

1.

No person shall board or alight from any moving vehicle or any

vehicle which is stopped in traffic.

2.

No person shall alight or enter a vehicle except when it is

stopped at a curb or in a passenger loading zone.

Annotation: In the 2016 Amended and Restated Title 10 former 10-6-13(G)

is now designated 10-6-13(F).

G.

Improper Opening of Doors: No person shall:

1.

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 interfering 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.

Annotation: In the 2016 Amended and Restated Title 10 former 10-6-13(H)

is now designated 10-6-13(G).

H.

Occupied Moving House Trailer: No person shall:

1.

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.

Annotation: In the 2016 Amended and Restated Title 10

former 10-6-13(I) is now designated 10-6-13(H).

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I.

Animals on Street

1.

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 is normally used by motor vehicles.

2.

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.

3.

Owners of livestock ranging in pastures through which

unfenced roadways pass shall not be liable for damages by

reason

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