Regular Governing Body Meeting - Second Wednesday — Wed, Jun 10, 2026 · 19.b CONSIDERATION OF BILL NO. 2026-9. ADOPTION OF ORDINANCE NO. 2026-____. (Councilor Pilar Faulkner, Councilor Lee Garcia, Councilor Amanda Chavez)A Bill Amending Subsection 12-6-12.3 of Article VI of the Uniform Traffic Ordinance (“UTO”) to Eliminate Minimum Penalties for Reckless Driving and Raising Maximum Penalties From Twenty-Five Dollars ($25) to Two Hundred and Fifty Dollars ($250) for First Convictions and From Three Hundred Dollars ($300) to Five Hundred Dollars ($500) for Second or Subsequent Convictions; Creating a New Subsection 12-6-12.4A of Article VI of the UTO, Exhibit A to Chapter 24, SFCC 1987 to Define, Criminalize, and Penalize “Aggressive Driving”; Amending the UTO’s Schedule A Traffic Violation Penalty Assessment Schedule to Increase Certain Penalties, to Specify that all Reckless Driving Fines, Aggressive Driving Fines, as Well as all Schedule A Penalties (Except for Those Dedicated to Traffic Calming) Shall be Split Equally Between the Law Enforcement Fund and the Fire Support Services Fund, and to Require a Mandatory Court Appearance for Violations Related to Aggressive Driving; Creating a New Subsection 12-6-12.25 of Article VI “Engaging in Prolonged, Deliberate, and/or Excessive Tailing of Another Vehicle” and Establishing a Penalty in Santa Fe’s UTO, Schedule A, Traffic Violation Penalty Assessment Schedule for the Same; Creating a New Subsection 12-6-12.26 of Article VI “Unsafe Sudden Stops” and Establishing a Penalty in Santa Fe’s UTO, Schedule A, Traffic Violation Penalty Assessment Schedule for the Same; Creating a New Subsection 12-6-12.27 of Article VI “Throwing Items Outside of Vehicle at Another Vehicle or at a Pedestrian” and Establishing a Penalty in Santa Fe’s UTO, Schedule A, Traffic Violation Penalty Assessment Schedule for the Same. (Ben Valdez, Deputy Chief of Police; bpvaldez@santafenm.gov) Committee Review: Governing Body (Introduction): 04/29/2026Governing Body (Public Comment): 05/13/2026Quality of Life Committee: 05/20/2026Finance Committee: 05/26/2026Governing Body (Public Hearing): 06/10/2026 (POSTPONED FOR NOTICING REQUIREMENTS)Governing Body (Public Hearing): 06/24/2026
10615.0(A) 1 CITY OF SANTA FE, NEW MEXICO1 PROPOSED AMENDMENT(S) TO BILL NO. 2026-92 Defining Aggressive Driving and Establishing Penalties3 4 Mayor and Members of the City Council:5 In relation to Bill No. 2026-9.6 7 This amendment WILL change the caption. _____8 This amendment WILL NOT change the caption. ___X__9 10 I intend to propose the following amendment(s),11 12 CITY OF SANTA FE, NEW MEXICO13 BILL NO. 2026-914 INTRODUCED BY:15 16 Councilor Pilar Faulkner17 Councilor Lee Garcia18 Councilor Amanda Chavez19 AMENDMENT A – RED - Councilor Feghali20 21 A BILL22 AMENDING SUBSECTION 12-6-12.3 OF ARTICLE VI OF THE UNIFORM TRAFFIC23 ORDINANCE (“UTO”) TO ELIMINATE MINIMUM PENALTIES FOR RECKLESS24 underscored material = new [bracketed material] = delete 10615.0(A) 2 DRIVING AND RAISING MAXIMUM PENALTIES FROM TWENTY-FIVE DOLLARS1 ($25) TO TWO HUNDRED AND FIFTY DOLLARS ($250) FOR FIRST CONVICTIONS2 AND FROM THREE HUNDRED DOLLARS ($300) TO FIVE HUNDRED DOLLARS3 ($500) FOR SECOND OR SUBSEQUENT CONVICTIONS; CREATING A NEW4 SUBSECTION 12-6-12.4A OF ARTICLE VI OF THE UTO, EXHIBIT A TO CHAPTER 24,5 SFCC 1987 TO DEFINE, CRIMINALIZE, AND PENALIZE “AGGRESSIVE DRIVING”;6 AMENDING THE UTO’S SCHEDULE A TRAFFIC VIOLATION PENALTY7 ASSESSMENT SCHEDULE TO INCREASE CERTAIN PENALTIES, TO SPECIFY8 THAT ALL RECKLESS DRIVING FINES, AGGRESSIVE DRIVING FINES, AS WELL9 AS ALL SCHEDULE A PENALTIES (EXCEPT FOR THOSE DEDICATED TO TRAFFIC10 CALMING) SHALL BE SPLIT EQUALLY BETWEEN THE LAW ENFORCEMENT11 FUND AND THE FIRE SUPPORT SERVICES FUND, AND TO REQUIRE A12 MANDATORY COURT APPEARANCE FOR VIOLATIONS RELATED TO13 AGGRESSIVE DRIVING; CREATING A NEW SUBSECTION 12-6-12.25 OF ARTICLE14 VI “ENGAGING IN PROLONGED, DELIBERATE, AND/OR EXCESSIVE TAILING OF15 ANOTHER VEHICLE” AND ESTABLISHING A PENALTY IN SANTA FE’S UTO,16 SCHEDULE A, TRAFFIC VIOLATION PENALTY ASSESSMENT SCHEDULE FOR17 THE SAME; CREATING A NEW SUBSECTION 12-6-12.26 OF ARTICLE VI “UNSAFE18 SUDDEN STOPS” AND ESTABLISHING A PENALTY IN SANTA FE’S UTO,19 SCHEDULE A, TRAFFIC VIOLATION PENALTY ASSESSMENT SCHEDULE FOR20 THE SAME; CREATING A NEW SUBSECTION 12-6-12.27 OF ARTICLE VI21 “THROWING ITEMS OUTSIDE OF VEHICLE AT ANOTHER VEHICLE OR AT A22 PEDESTRIAN” AND ESTABLISHING A PENALTY IN SANTA FE’S UTO, SCHEDULE23 A, TRAFFIC VIOLATION PENALTY ASSESSMENT SCHEDULE FOR THE SAME.24 25 10615.0(A) 3 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANTA FE:1 Section 1. Section 12-6-12.3 of the Uniform Traffic Ordinance, Exhibit A,2 Section 24, of SFCC 1987 (being Ordinance No. 2011-25, § 5) is hereby amended to read:3 12-6-12.3 – Reckless Driving.4 A. Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard5 of the rights or safety of others and without due caution and circumspection and at a speed6 or in a manner so as to endanger or be likely to endanger any person or property is guilty7 of reckless driving.8 B. A person operating a motor vehicle shall not endanger a bicyclist.9 C. Every person convicted of reckless driving shall be punished:10 1) Upon a first conviction by imprisonment for not less than five days nor more than11 ninety days, or by a fine of [not less than twenty-five dollars ($25.00) nor more than12 one hundred dollars ($100.00] $250.00), or both; and13 2) On a second or subsequent conviction by imprisonment for not less than ten days nor14 more than ninety days, or by a fine of [not less than fifty dollars ($50.00) nor more15 than three hundred dollars ($300.00] ($500), or both. (66-8-113 NMSA, 1978)16 3) All fines collected for reckless driving shall be allocated fifty percent (50%) to the17 Law Enforcement Fund and fifty percent (50%) to the Fire Support Services.18 Section 2. [NEW MATERIAL] A new Section 12-6-12.4A of the Uniform19 Traffic Ordinance, Exhibit A, Section 24, of SFCC 1987 is hereby ordained to read:20 12-6-12.4A - AGGRESSIVE DRIVING.21 A. Any person who during the course of conduct operates a vehicle in a manner that endangers22 or is likely to endanger people or property is guilty of aggressive driving if during the23 course of conduct, the person commits two or more of the following violations:24 (1) Failure to obey traffic-control devices, Section 12-5-3;25 10615.0(A) 4 (2) Failure to comply with rules to safely overtake a vehicle on the left as described1 in Sections 12-6-2.3, 12-6-2.4, and 12-6-2.5;2 (3) Failure to drive on streets laned for traffic as described in Section 12-6-2.12;3 (4) Following too closely, Section 12-6-2.13;4 (5) Failure to yield right of way, Section 12-6-4;5 (6) Engaging in prohibited activities while driving, Section 12-6-12.18;6 (7) Racing on streets, Section 12-6-12.19;7 (8) Engaging in prolonged, deliberate, or excessive tailing of another vehicle,8 Section 12-6-12.25;9 (9) Unsafe sudden stops, Section 12-6-12.26; and/or10 (10) Throwing items outside of vehicle at another vehicle or at any pedestrian,11 bicyclist, or other person using the roadway, Section 12-6-12.27.12 B. For the purposes of this section, “course of conduct” means a series of acts committed13 during a single, continuous period of driving.14 C. Every person convicted of aggressive driving shall be required to comply with a mandatory15 court appearance and shall be punished as follows:16 (1) Unless otherwise specified in Schedule A of the Uniform Traffic Ordinance, SFCC17 1987, upon a first conviction by a fine of two hundred fifty dollars ($250);18 (2) Upon a second conviction by imprisonment for seven days, and a fine of five19 hundred dollars ($500);20 (3) Upon a third conviction by imprisonment for fourteen days and a fine of five21 hundred dollars ($500); and22 (4) Upon subsequent convictions by imprisonment for ninety days and a fine of five23 hundred dollars ($500).24 D. If the person convicted of aggressive driving is determined to be indigent, the court shall25 10615.0(A) 5 permit the individual to perform community service in lieu of payment of fines; however,1 this does not prevent the court from sentencing the person to jail, if applicable.2 E. All fines collected for reckless driving shall be allocated fifty percent (50%) to the Law3 Enforcement Fund and fifty percent (50%) to the Fire Support Services.4 Section 3. [NEW MATERIAL] A new Subsection 12-6-12.25 of Article VI of the5 Uniform Traffic Ordinance, Exhibit A, Chapter 24 of SFCC 1987 is hereby ordained to read:6 12-6-12.25 – ENGAGING IN PROLONGED, DELIBERATE, AND/OR EXCESSIVE7 TAILING OF ANOTHER VEHICLE.8 No person shall change their route, direction, or course of travel in order to aggressively9 follow another vehicle such that the following is prolonged, excessive, and/or deliberate.10 Section 4. [NEW MATERIAL] A new Section 12-6-12.26 of Article VI of the11 Uniform Traffic Ordinance, Exhibit A, Chapter 24 of SFCC 1987 is hereby ordained to read:12 12-6-12.26 – UNSAFE SUDDEN STOPS.13 No person shall suddenly apply their brakes while another driver is following in a14 manner that unnecessarily impedes or obstructs the normal and reasonable flow of traffic, except15 when the stop is required for safe operation of the vehicle or to comply with the law.16 Section 5. [NEW MATERIAL] A new Section 12-6-12.27 of Article VI the17 Uniform Traffic Ordinance, Exhibit A, Chapter 24 of SFCC 1987 is hereby ordained to read:18 12-6-12.27 – THROWING ITEMS OUTSIDE OF VEHICLE AT ANOTHER VEHICLE OR19 AT A PEDESTRIAN.20 No person shall throw, toss, or otherwise project any object or substance from a vehicle,21 whether the vehicle is moving or stopped, at another vehicle or at any pedestrian, bicyclist, or other22 person using the roadway.23 Section 6. Schedule A of Exhibit A of Chapter 24 (Uniform Traffic Ordinance)24 of SFCC 1987 (being Ordinance No. 2025-6 as amended) is amended to read:25 10615.0(A) 6 SECTION 1.1 This Exhibit may be cited as the city of Santa Fe traffic violation penalty assessment2 schedule for violations of the city of Santa Fe Uniform Traffic Code except those violations relating3 to parking which are set forth as Exhibit B of the city of Santa Fe Uniform Traffic Code.4 SECTION 2.5 "Penalty assessment petty misdemeanor" means violation of the following listed sections6 of the city of Santa Fe Uniform Traffic Code for which the listed penalty assessment is established.7 The term "penalty assessment petty misdemeanor" does not include any violation which has caused8 or contributed to the cause of an accident resulting in injury or death to any person. When an alleged9 violator of a penalty assessment petty misdemeanor elects to accept a notice to appear in lieu of a10 notice of penalty assessment, the fine imposed upon later conviction shall not exceed the penalty11 assessment established for the particular penalty assessment petty misdemeanor and probation12 imposed upon a suspended or deferred sentence may include community service as contemplated13 in Section 1-3.1 and shall not exceed ninety days.14 COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT Obedience [T]to Traffic-Control Devices/Failure [T]to Stop 12-5-3 $25.00 Red Light 12-5-6 $25.00 Pedestrian Controls 12-5-7 $25.00 Flashing Signals 12-5-8 $25.00 Display of Unauthorized Signs, Signals, or Markings 12-5-10 $25.00 Basic (Speeding) Rule 12-6-1.1 $25.00 Speed Limits 12-6-1.2 10615.0(A) 7 A. The following apply outside a school zone: Up to and including 10 miles an hour over speed limit $15.00 From 11 up to and including 15 miles an hour over speed limit $30.00 From 16 up to and including 20 miles an hour over speed limit $65.00 From 21 up to and including 25 miles an hour over speed limit $100.00 From 26 up to and including 30 miles an hour over the speed limit $125.00 From 31 up to and including 35 miles an hour over the speed limit $150.00 More than 35 miles an hour over the speed limit $200.00 B. In a school zone 12-6-1.2A $171.00 C. In a construction zone: The penalty assessment for speeding in violation of Section 12-6-1.2 (4) of the city of Santa Fe traffic ordinance is twice the penalty assessment established in subsection A above for the equivalent miles per hour over the speed limit D. In a pedestrian zone. The penalty assessment for speeding in violation of the posted speed limit in a designated pedestrian zone is twice the penalty assessment established in subsection A above for the equivalent miles per hour over the speed limit. Minimum Speed Regulations 12-6-1.5 $25.00 Driving [O]on Right Side [O]of Street 12-6-2.1 $25.00 Overtaking [A]a Vehicle [O]on [T]the Left 12-6-2.3 $25.00 Limitations [O]on Overtaking [O]on [T]the Left 12-6-2.4 $25.00 Overtaking [A]a Vehicle [O]on [T]the Right 12-6-2.6 $25.00 No Passing Zones/Restrictions [O]on Passing 12-6-2.7 $25.00 Streets Laned [F]for Traffic 12-6-2.12 $25.00 10615.0(A) 8 Following [T]too Closely 12-6-2.13 $25.00 Driving [O]on Divided Streets 12-6-2.14 $25.00 Driving Vehicle [O]on [O]or Across Bicycle Lane [O]or Path 12-6-2.17 $25.00 Turning Left [A]at Intersection 12-6-4.2 $25.00 Entering Stop/Yield Intersection/Failure [T]to Yield 12-6-4.3 $25.00 Required Position/Method of Turning/Improper Turn 12-6-5.1 $25.00 Obedience [T]to No-Turn Signs 12-6-5.4 $25.00 Limitations [O]on Turning Around/Illegal U-Turn 12-6-5.5 $25.00 Starting [A]a Parked Vehicle 12-6-5.7 $25.00 Turn/Stop Movements 12-6-5.8 $25.00 Failure [T]to Signal 12-6-5.9 $25.00 Motorist Turning Across Bicycle Lane 12-6-5.11 $25.00 Stopping, Standing & Parking 12-6-6 See Exhibit B Special Stops Required 12-6-7 (Excluding 12-6- 7.3, 12-6-7.4, 12-6- 7.5 and 12-6-7.7) $25.00 Stopping [F]for School Bus 12-6-7.3 $100.00 Failure [T]to Stop [A]at Railroad Crossing 12-6-7.5 and 12-6-7.7 $150.00 Operators and Chauffeurs Must Be Licensed 12-6-12.5 $25.00 Driving While License Suspended/Administratively Suspended 12-6-12.6 and 12-6-12.6A $25.00 Driving While License Revoked 12-6-12.6B $300-$500 Unattended Motor Vehicle 12-6-12.8 $25.00 Limitations [O]on Backing 12-6-12.9 $25.00 10615.0(A) 9 Restriction [O]on Use of Video [I]in Motor Vehicles 12-6-12.11 $25.00 Coasting Prohibited 12-6-12.12 $25.00 Prohibited Activities While Driving (including hand held mobile communication device use) 12-6-12.18 $200.00 Mobile communication device use while driving in a school zone 12-6-12.18 $300.00 For subsequent violation $500 Permitting Unauthorized Persons [T]to Drive 12-6-12.23 $25.00 Prolonged, deliberate, or excessive tailing of another vehicle 12-6-12.25 $250 for subsequent violations $500 Unsafe, Sudden Stops, 1st offense 12-6-12.26 $250 for subsequent violations $500 Throwing Items Outside of Vehicle at Another Vehicle or at a Pedestrian, 1st offense 12-6-12.27 $250 for subsequent violations $500 Destructive Material [O]on Roadway/Failure [T]to Secure Load 12-6-13.5 $100.00 Improper Opening [O]of Doors 12-6-13.8 $25.00 Child Restraint Device [O]or Safety Belt 12-6-13.12 $100.00 Mandatory Use [O]of Seat Belts 12-6-13.13 $100.00 Open Container, 1st Offense 12-6-13.14 $100.00 for subsequent violations mandatory court appearance Jaywalking 12-6 13.15 through 12-6- 14.8 $25.00 Littering 12-6-13.15 $300.00 Unsafe Median Use 12-6-14.9 $25.00 10615.0(A) 10 Windshield 12-10-1.12 $25.00 When Lighted Lamps [A]are Required 12-10-1.3 $25.00 Headlamps [O]on Vehicles 12-10-1.5 $25.00 Dimming [O]of Lights 12-10-1.6 $25.00 Tail Lamps 12-10-1.7, except 12-10-1.7C $25.00 Plate Light Required 12-10-1.7C. $10.00 Stop Lamps/Brake Lamps 12-10-1.9 $25.00 Mufflers, Prevention [O]of Noise 12-10-1.10 $500.00 Lamp or Flag on Projecting Load 12-10-1.11 $25.00 Windshield Must be Unobstructed and Equipped with Wipers and Windows Must be Transparent 12-10-1.12 $25.00 Tinted Windows 12-10-1.12A $25.00 Unsafe Equipment (Brakes) 12-10-1.16 $25.00 Display of Current Valid Registration Plate 12-10-4 $25.00 1 SECTION 3. MANDATORY COURT APPEARANCES.2 Violations of the following listed sections of the city of Santa Fe Uniform Traffic Code require a3 mandatory court appearance:4 Leaving the Scene of an Accident 12-4-2 Failure to Render Aid/Duty to Give Info 12-4-3 Immediate Notice of Accident 12-4-6 Failure to Yield to Emergency Vehicle 12-6-7.4 Reckless Driving 12-6-12.3 10615.0(A) 11 Careless Driving/Driver Inattention 12-6-12.4 Aggressive Driving 12-6-12.4A Operator/Chauffeur Licenses Required 12-6-12.5 Unlawful Use of License (Revoked) 12-6-12.6 Unlawful Use of License (Suspended) 12-6-12.6 Fleeing or Attempting to Elude an Officer 12-6-12.7 Racing on Streets/Drag Racing/Exhibition of Speed 12-6-12.19 Open Container 2 nd , 3 rd , etc. 12-6-13.14 Off-Highway Motor Vehicles (ATV) 12-7-9 through 12-7-9.6 Display of Current Registration 12-10-4 Evidence of Registration 12-10-5 Mandatory Financial Responsibility (Insurance) 12-10-6 SECTION 4. TRAFFIC CALMING FEES.1 A. Persons violating speed limits within the city have created a need for traffic calming. The2 governing body has determined that those persons violating the speed limits should pay3 additional fees. The purpose of the additional fees is to discourage speeding within the city4 and to provide funds for the city's traffic calming program.5 B. The city hereby imposes a traffic calming fee equal to the maximum fine (excluding court6 fees) to be paid by any person convicted of a speeding violation as set forth in the Uniform7 Traffic Ordinance as adopted by the city, the total of which shall not exceed the8 jurisdictional limits of the court. The traffic calming fee applies to all violations of9 Section 12-6-1.2, but the traffic calming fee is not doubled.10 C. The traffic calming fee shall be collected by the municipal court for funding the city's traffic11 calming program. The amount of fees collected shall not decrease the amount of money12 10615.0(A) 12 allocated to the traffic calming program through the current fiscal year Capital Improvement1 Program bonding process.2 D. The governing body shall review the results of this subsection including the amount of fees3 which have been collected and the amount of police overtime because of this subsection.4 The municipal court shall provide the governing body with the appropriate statistics to5 review this subsection.6 SECTION 5. POLICE AND FIRE RESILIENCY FUNDS7 Consistent with NMSA 1978, sec. 35-15-12, all fees collected for violations of the city of Santa8 Fe’s Uniform Traffic Ordinance, Schedule A and for Aggressive Driving, SFCC 1987, Section 12-9 6-12.4A, shall be allocated, fifty percent (50%) to the Law Enforcement Fund and fifty percent10 (50%) to the Fire Support Services Fund, with the exception of fines collected for speeding, which11 are allocated to the Traffic Calming Program as described in Section 4 above.12 SECTION [5] 6. MUNICIPAL COURT FEES.13 In addition to the penalty assessment established pursuant to this Exhibit, there shall be assessed14 the municipal court fees for each penalty assessment petty misdemeanor as set forth in Section 1-15 3.2 SFCC 1987.16 SECTION [6] 7. PENALTY ASSESSMENT PETTY MISDEMEANORS; OPTION;17 EFFECT.18 A. Unless a warning notice is given, at the time of making an arrest for any penalty assessment19 petty misdemeanor, the arresting officer shall offer the alleged violator the option of20 accepting a penalty assessment. The violator's signature on the penalty assessment notice21 constitutes an acknowledgement of guilt of the offense stated in the notice, and payment of22 the prescribed penalty assessment is a complete satisfaction of the violation.23 B. Payment of any penalty assessment shall be made by mail to the Municipal Court, City of24 Santa Fe, P.O. Box 909, Santa Fe, New Mexico, 87504-0909 within 30 days from the date25 10615.0(A) 13 of arrest. Payments of penalty assessments are timely if postmarked within the time limits1 set from the date of arrest. The Municipal Court shall issue a receipt when a penalty2 assessment is paid by currency, but a check or money order tendered by the violator upon3 which payment is received is sufficient receipt.4 C. No record of any penalty assessment payment is admissible as evidence in any court in any5 civil action.6 SECTION [7] 8. FAILURE TO PAY PENALTY ASSESSMENT.7 A. If a penalty assessment is not paid within 30 days from the date of arrest, the violator shall8 be prosecuted for the violation charged on the penalty assessment notice in a manner as if9 the penalty assessment notice had not been issued. Upon conviction in such prosecution,10 the court shall impose penalties as provided for by the New Mexico Uniform Traffic11 Ordinance (Section 12-12-1.1), or other law relating to motor vehicles for the particular12 offense charge, and the scheduled penalty assessment shall not apply.13 B. In addition to the prosecution provided for in Section A above, it is a petty misdemeanor14 for any person who has elected to pay a penalty assessment to fail to do so within 30 days15 from the date of arrest.16 C. The municipal court shall not notify the motor vehicle division of the state of New Mexico17 when a person fails to pay a penalty assessment within the required period of time.18 SECTION [8] 9. VIOLATIONS NOT LISTED ON PENALTY ASSESSMENT SCHEDULE.19 This traffic violation penalty assessment schedule does not apply to traffic violations not listed20 above which are petty misdemeanors. Such violations mandate a court appearance with a fine of21 up to three hundred dollars ($300.00) and up to 90 days in jail.22 23 24 25 10615.0(A) 14 Respectfully submitted,1 2 _____________________________3 PATRICIA FEGHALI , COUNCILOR4 5 6 APPROVED AS TO FORM:7 8 _________________________________9 MARCOS D. MARTÍNEZ, CITY ATTORNEY10 11 ADOPTED:12 NOT ADOPTED: _______________13 DATE: ________________________14 15 16 ATTEST:17 18 ________________________________19 GERALYN F. CARDENAS, CITY CLERK20 21 22 23 24 Legislation/2026/Bill/2026-9(B)/Amendment A/Defining Aggressive Driving25Marcos D. Martinez (May 15, 2026 14:38:24 MDT) Marcos D. Martinez