HOUSE TAXATION AND REVENUE COMMITTEE SUBSTITUTE FOR

HOUSE BILL 343

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO TRAFFIC OFFENSES; MAINTAINING LEVELS OF FINES FOR CERTAIN PARKING VIOLATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 66-7-352.5 NMSA 1978 (being Laws 1983, Chapter 45, Section 5, as amended) is amended to read:

     "66-7-352.5. UNAUTHORIZED USE--PENALTIES.--

           A. It is unlawful for any person to park a motor vehicle not displaying a special registration plate or a parking placard issued pursuant to Section 66-3-16 NMSA 1978 in a designated accessible parking space for persons with significant mobility limitation.

           B. It is unlawful for any person to park a motor vehicle in such a manner so as to block access to any part of a curb cut designed for access by persons with significant mobility limitation.

           C. A person convicted of violating Subsection A or B of this section is subject to a fine of not less than two hundred fifty dollars ($250) or more than five hundred dollars ($500). Failure to properly display a parking placard or special registration plate issued pursuant to Section 66-3-16 NMSA 1978 is not a defense against a charge of violation of Subsection A or B of this section.

           D. A vehicle parked in violation of Subsection A or B of this section is subject to being towed at the expense of the vehicle owner upon authorization by law enforcement personnel or by the property owner or manager of a parking lot.

           E. Whenever a local authority regulates the unlawful conduct described in Subsections A and B of this section by ordinance, resolution, rule, regulation or in another enforceable manner, the local authority shall impose fines equal to the fines imposed pursuant to Subsection C of this section."

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