N.M. Stat. § 29-5-1.1
Educational institutions; campus traffic regulations.
A. The board of regents of each state educational institution designated in Article
12, Section 11 of the constitution of New Mexico that is located within a county having a
population in excess of ninety-five thousand according to the most recent federal
decennial census may promulgate regulations governing the operation and parking of
vehicles on any area within the exterior boundaries of lands under its control which is
not a municipal street or highway, including but not limited to:
(1)
limiting the rates of speed;
(2)
assigning parking spaces, designating parking areas and their uses and
collecting rent for them;
(3)
prohibiting parking;
(4)
removing vehicles parked in violation of campus traffic regulations at the
expense of the violator who shall pay the expense before the vehicle is released; and
(5)
instituting a system of vehicle registration for the identification and
regulation of vehicles regularly using institutional premises, including a reasonable
charge to defray costs of providing parking and traffic enforcement services and
campus parking.
B. Areas subject to campus traffic regulations shall be marked with signs
conforming with standards used by the state highway and transportation department.
C. Regulations of a board of regents promulgated pursuant to this section shall
include a specific penalty for each type of violation, which shall not exceed one hundred
dollars ($100). In addition, the regents may impose an administrative cost assessment
not exceeding five dollars ($5.00) for each parking citation issued as costs of
administration of a campus traffic program.
D. Except as provided by Subsection J of this section, unless a warning notice or a
parking citation is given, at the time of making an arrest for any violation of this section,
the arresting officer shall offer the alleged violator the option of accepting a penalty
assessment or appearing in the metropolitan, municipal or magistrate court within five
days after issuance of the citation. The violator's signature on the penalty assessment
notice constitutes as acknowledgment of guilt of the offense stated in the notice.
E. Payment of any parking violation penalty assessment shall be made by mailing
the payment within five days from the date the citation was issued to the university
police office for processing in the manner prescribed by the board of regents.
F. Payment of any moving violation penalty assessment shall be made by mailing
the payment within thirty days from the date of issuance of the citation to the motor
vehicle division of the taxation and revenue department, Santa Fe. Payments of penalty
assessments are timely if postmarked within thirty days from the date of issuance of the
citation. When a penalty assessment is paid by currency, a receipt may be immediately
mailed to the violator. When a penalty assessment is paid by check, the canceled check
is a sufficient receipt.
G. No record of any penalty assessment payment is admissible as evidence in any
court in any civil action.
H. If a penalty assessment is not paid within thirty days from the date of issuance of
the citation, the violator shall be prosecuted for the violation charged on the penalty
assessment notice in a manner as if a penalty assessment notice had not been issued.
I. Any penalty assessment collected by the motor vehicle division of the taxation
and revenue department pursuant to Subsection F of this section shall be remitted to
the state treasurer for deposit into the current school fund. Any administrative cost
assessment collected by the division pursuant to this section shall be remitted within
thirty days to the state educational institution which issued the citation for administering
parking and traffic regulations on that campus. Any penalty assessment or
administrative cost assessment collected by the university police office pursuant to
Subsection E of this section shall be retained by the state educational institution as
reimbursement for its expenses.
J. No penalty assessment citation shall be issued for:
(1)
speeding in excess of twenty-five miles an hour in excess of the speed
limit;
(2)
operating a vehicle while under the influence of alcohol or drugs; or
(3)
an offense which has caused or contributed to the cause of an accident
resulting in injury or death to any person.
K. The uniform traffic citation form approved by the director of the motor vehicle
division shall be used as the complaint for violations of regulations promulgated
pursuant to the provisions of this section. Citations for moving violations shall be issued
in the manner set forth in Sections 66-8-123 through 66-8-127 NMSA 1978.