2019 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Part 2 - SIGNS, SIGNALS AND MARKINGS
Section 66-7-108 - Display of unauthorized signs, signals or markings.
A. A person shall not place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device that purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal or that attempts to direct the movement of traffic or that hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal. A person shall not place or maintain nor shall a public authority permit upon a highway any traffic sign or signal bearing any commercial advertising.
B. Every such prohibited sign, signal, marking or device is declared to be a public nuisance, and the authority having jurisdiction over the highway is empowered to remove the sign, signal, marking or device or cause it to be removed without notice.
C. A person who violates the provisions of this section is guilty of a penalty assessment misdemeanor.
History: 1953 Comp., § 64-7-108, enacted by Laws 1978, ch. 35, § 388; 2018, ch. 74, § 43.
ANNOTATIONSCross references. — For definitions of "official traffic-control devices" and "railroad sign or signal", see 66-1-4.13 and 66-1-4.15 NMSA 1978 respectively.
For abatement of a public nuisance, see 30-8-8 NMSA 1978.
The 2018 amendment, effective July 1, 2018, provided a penalty for a violation of this section, clarified certain provisions, and made technical changes; in Subsection B, after "marking", added "or device", and after "remove the", added "sign, signal, marking or device"; and added Subsection C.
Railroad's duty not limited by section. — While final authority for the installation of particular safety devices at grade crossings rests with state and local governments, the allocation of authority does not relieve the railroads of their duty to take all reasonable precautions to maintain grade crossing safety. Largo v. Atchison, Topeka & Santa Fe Ry., 2002-NMCA-021, 131 N.M. 621, 41 P.3d 347.
