2020 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 7 - Traffic Laws; Signs, Signals and Markings; Accidents; Weight and Size; Traffic Safety
Part 1 - APPLICATION OF TRAFFIC LAWS
Section 66-7-9 - Powers of local authorities.
A. The provisions of the Motor Vehicle Code [66-1-1 NMSA 1978] shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from:
(1) regulating the standing or parking of vehicles;
(2) regulating traffic by means of police officers or traffic-control signals;
(3) regulating or prohibiting processions or assemblages on the highways;
(4) designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;
(5) regulating the speed of vehicles in public parks;
(6) designating any highway as a through highway and requiring that all vehicles stop before entering or crossing it or designating any intersection as a stop intersection or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to the intersection;
(7) restricting the use of highways as authorized in the Motor Vehicle Code;
(8) regulating the operation of bicycles and requiring their registration and licensing, including the requirement of a registration fee;
(9) regulating or prohibiting the turning of vehicles, or specified types of vehicles, at intersections;
(10) altering the maximum speed limits as authorized in the Motor Vehicle Code;
(11) adopting other traffic regulations as specifically authorized by the Motor Vehicle Code;
(12) regulating the operation of snowmobiles on public lands, waters and property under their jurisdiction and on streets and highways within their boundaries by resolution or ordinance of their governing bodies and by giving appropriate notice, if such regulation is not inconsistent with the provisions of Sections 66-9-1 through 66-9-13 NMSA 1978; or
(13) regulating the operation of golf carts on public lands and property under their jurisdiction and on streets and roads within their boundaries by resolution or ordinance of their governing bodies and requiring their registration and licensing, including the payment of a registration fee; provided, the resolution or ordinance shall:
(a) not permit operation of a golf cart on any state highway;
(b) require that the golf cart be in compliance with Section 66-3-887 NMSA 1978; and
(c) not be inconsistent with the provisions of Sections 66-3-1001 through 66-3-1016 NMSA 1978.
B. No local authority shall erect or maintain any stop sign or traffic-control signal at any location so as to require the traffic on any state highway to stop or yield before entering or crossing any intersecting highway unless approval in writing has first been obtained from the state transportation commission.
C. No ordinance or regulation enacted under Paragraph (4), (5), (6), (7) or (10) of Subsection A of this section shall be effective until signs giving notice of the local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as may be most appropriate.
History: 1953 Comp., § 64-7-9, enacted by Laws 1978, ch. 35, § 379; 1983, ch. 271, § 1; 1995, ch. 172, § 1; 2003, ch. 142, § 10.
ANNOTATIONSCross references. — For local traffic-control devices, see 66-7-103 NMSA 1978.
For municipal powers with respect to streets, see 3-49-1 NMSA 1978.
For municipal parking laws, see 3-50-1 NMSA 1978 et seq.
The 2003 amendment, effective July 1, 2003, substituted "transportation commission" for "highway commission" in Subsection B.
The 1995 amendment, effective July 1, 1995, added Paragraph (13) of Subsection A.
County is local authority. — A county as a "local authority" as defined in 1978 NMSA, § 66-1-4.10(E) has the powers granted to local authorities as contained in Sections 66-7-8 and 66-7-9, to enact motor vehicle ordinances. Board of Comm'rs v. Greacen, 2000-NMSC-016, 129 N.M. 177, 3 P.3d 672.
Ordinance not unconstitutionally vague. — A municipal ordinance which provided that "no operator of a vehicle shall fail to keep such vehicle within the boundaries of a marked traffic lane, except when lawfully passing another, making a lawful turning movement or lawfully changing lanes" was not unconstitutionally vague. State v. Gamlen, 2009-NMCA-073, 146 N.M. 668, 213 P.3d 818.
Provision is specific grant to enact ordinances conflicting therewith. — Section 64-15-8, 1953 Comp. (similar to this section), is a specific grant of power to enact ordinances in conflict therewith to the extent limited thereby. State ex rel. Coffin v. McCall, 1954-NMSC-076, 58 N.M. 534, 273 P.2d 642.
City has power to regulate parking, even to the extent of prohibiting it in a proper case. Farnsworth v. City of Roswell, 1957-NMSC-053, 63 N.M. 195, 315 P.2d 839.
No-parking regulation normally represents an exercise by a municipality of its police power and it is a reasonable regulation. Farnsworth v. City of Roswell, 1957-NMSC-053, 63 N.M. 195, 315 P.2d 839.
Municipalities could provide for higher prima facie speed. — Under former Section 64-18-3, 1953 Comp., municipalities could, under certain conditions, provide by ordinance for a higher prima facie speed upon through highways. Danz v. Kennon, 1957-NMSC-090, 63 N.M. 274, 317 P.2d 321.
Agreement between municipality and highway department not bartering away power. — A municipal ordinance relative to widening a portion of state highway going through city and prohibiting parking on such portion of the highway which was enacted following the execution of a cooperative agreement between the city and state highway department was not void as a bartering away of the exercise of city's police power. Farnsworth v. City of Roswell, 1957-NMSC-053, 63 N.M. 195, 315 P.2d 839.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A Am. Jur. 2d Automobiles and Highway Traffic §§ 15 to 17, 213, 214, 219, 221.
Validity and construction of statute or ordinance regulating vehicle towing business, 97 A.L.R.3d 495.
State or municipal towing, impounding, or destruction of motor vehicles parked or abandoned on streets or highways, 32 A.L.R.4th 728.
State and local government liability for injury or death of bicyclist due to defect or obstruction in public bicycle path, 68 A.L.R.4th 204.
Validity, construction, and application of state or local enactments regulating parades, 80 A.L.R.5th 255.
60 C.J.S. Motor Vehicles §§ 14, 23, 43.
