Amendment B - Defining Aggressive Driving and Establishing Penalties

Extracted text

10615.0(B) 1
CITY OF SANTA FE, NEW MEXICO1
PROPOSED AMENDMENT(S) TO BILL NO. 2026-XX2
Defining Aggressive Driving and Establishing Penalties3
4
Mayor and Members of the City Council:5
In relation to Bill No. 2026-XX.6
7
This amendment WILL change the caption. _X____8
This amendment WILL NOT change the caption. _____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
GREEN – AMENDMENT B – Councilor Jamie Cassutt20
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(B) 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(B) 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(B) 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 a pedestrian, Section11
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(B) 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(B) 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(B) 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(B) 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(B) 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(B) 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(B) 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(B) 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(B) 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(B) 14
Respectfully submitted,1
2
_____________________________3
JAMIE CASSUTT, COUNCILOR4
5
APPROVED AS TO FORM:6
7
_________________________________8
MARCOS D. MARTÍNEZ, CITY ATTORNEY9
10
ADOPTED:11
NOT ADOPTED: _______________12
DATE: ________________________13
14
15
ATTEST:16
17
________________________________18
GERALYN F. CARDENAS, CITY CLERK19
20
21
22
Legislation/2026/Bill/2026-9(B)Amendment B//Defining Aggressive Driving23Marcos Martinez (May 26, 2026 14:22:40 MDT)
Marcos MartinezJamie Cassutt (May 26, 2026 14:34:38 MDT)

Amendment B - Defining Aggressive Driving and
Establishing Penalties
Final Audit Report 2026-05-26
Created: 2026-05-26
By: CHRISTINE SPIERS (cmspiers@santafenm.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAqSIKaxsjLyEcMADU7gNLeGIHGsKvKfum
"Amendment B - Defining Aggressive Driving and Establishing P
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