46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO MUNICIPALITIES; PROHIBITING MUNICIPALITIES FROM ERECTING AND MAINTAINING CERTAIN SPEED CONTROL DEVICES UPON STREETS.

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

Section 1. Section 3-49-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-50-1, as amended) is amended to read:

"3-49-1. STREETS--SIDEWALKS--CURBS AND GUTTERS--PUBLIC GROUNDS.--

A. A municipality may lay out, establish, open, vacate, alter, repair, widen, extend, grade, pave or otherwise improve streets, including but not necessarily limited to median and divider strips, parkways and boulevards, alleys, avenues, sidewalks, curbs, gutters and public grounds, and may:

[A.] (1) regulate their use and use of structures under them;

[B.] (2) prohibit and remove encroachments or obstructions on them;

[C.] (3) provide for their lighting, cleaning, beautification, landscaping and maintenance;

[D.] (4) regulate their opening or repair;

[E.] (5) require the owner or occupant of any premise to keep the sidewalk along the premise free from any snow or other obstruction;

[F.] (6) regulate and prohibit the throwing or depositing of any offensive matter on them;

[G.] (7) prohibit injury to them;

[H.] (8) provide for and regulate crosswalks, curbs and gutters;

[I.] (9) regulate and prohibit their use for signs, sign posts, awnings, awning posts, telegraph poles, horse troughs, posting handbills and advertisements;

[J.] (10) regulate and prohibit the exhibition or carrying of banners, placards, advertisements or handbills in the streets or upon the sidewalks;

[K.] (11) regulate and prohibit the flying of banners, flags or signs across the streets or from houses;

[L.] (12) regulate traffic and sales upon streets, sidewalks and public places;

[M.] (13) regulate the numbering of lots and houses;

[N.] (14) name and change the name of any street, alley, avenue or other public place; and

[O.] (15) with the written consent of the owner, regulate the speed and traffic conditions on private property.

B. A municipality shall not erect or maintain artificial rises, including speed bumps and speed humps, that reduce the speed of vehicles below the speed limit upon streets. For the purposes of this section:

(1) "speed bump" means a traffic barrier or restraint that rises at least three inches from the street surface and is at least one foot in length; and

(2) "speed hump" means a traffic barrier or restraint that rises between one and three inches above the street surface and is at least one foot in length."