PUEBLO OF ACOMA LAWS 2003 (2019 Replacement)
Tribal code
Ask Donna
What actually matters in this document.
Text
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - i
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - ii
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - iii
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - iv
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - v
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - vi
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
THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.
Pueblo of Acoma Laws 2003 (2019 Replacement)
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 6
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 7
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 8
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 9
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 10
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 11
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 12
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.”
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 13
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 14
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 15
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 16
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 17
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 18
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 19
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 20
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 21
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 22
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 23
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 24
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 25
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 26
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;
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 27
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 28
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 29
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 30
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 31
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 32
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 33
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:
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 34
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.
Except when directed to proceed by a [Peace] Officer or trafficPueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 35
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 36
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 37
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 38
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 39
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;
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 40
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 41
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 42
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 43
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 44
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 45
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 46
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;
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 47
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:
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 48
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 49
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 50
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:
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 51
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 52
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 53
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.
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 54
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 55
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".
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 56
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).
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 57
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 58
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 59
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 60
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;
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 61
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
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 62
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).
Pueblo of Acoma Laws 2003 (2019 Replacement)
Page 10 - 63
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
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.