§ 38-113. Liability for damage.

(a)

The public highways in the municipality are dedicated to their reasonable use by the public.

(b)

It is unlawful for any person to injure or damage any public street or any bridge, culvert, sign, signpost or structure upon or used or constructed in connection with any public street for the protection thereof or for protection or regulation of traffic thereon by any unusual, improper or unreasonable use thereof, or by the careless driving or use of any vehicle thereon, or by willful mutilation, defacing or destruction thereof.

(c)

It shall be considered unreasonable use of any bridge or structure to operate or conduct upon or over the same any vehicle, tractor or engine, not in accordance with sections 38-665—38-670.

(d)

It shall be considered unreasonable use of any improved roadway or street to operate, drive or haul thereon any truck, tractor or engine in such manner or at times when the surface of the street is in a soft or plastic condition and the road or its portion has been closed pursuant to law, or by order of the traffic engineer.

(e)

It is unlawful to erect or maintain any fence or any other structure across any street, highway or roadway without written permit from the authorities having control thereof.

(f)

The operator and the owner of such vehicle, truck, tractor or engine from whom the driver or operator has permitted possession at the time thereof shall be jointly and severally liable for the actual damage caused by the operation, conducting or hauling thereof over any public highway, street, bridge, culvert or structure in violation of any provision of this chapter to be collected by suit brought in the name of this municipality and such vehicle, truck, tractor or engine may be attached and held to satisfy any judgment for such damages.

(g)

The proceeds of any such judgment shall be paid to the municipal treasury of this municipality and placed to the credit of the fund for the construction and improvement of roads and streets.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.15.023; Ord. No. 02-236, § 11, 12-17-2013)

State law reference

Similar provisions, NMSA 1978, § 66-7-416.