§ 38-243. Establishment of speed zones.

(a)

Whenever the traffic engineer determines, upon the basis of an engineering survey and traffic investigation, that any speed limit permitted under state law or local provisions in this chapter is greater or less than is reasonable or safe under the conditions found to exist upon any part of a street within the traffic engineer's jurisdiction, the traffic engineer may declare a speed limit for that part which is effective at times determined, when appropriate signs giving notice thereof are erected at the particular part of the street.

(b)

Alteration of speed limits on state highways by the traffic engineer are not effective until approved by the state highway commission.

(c)

The traffic engineer shall adhere to and abide by all applicable state statutes in making a determination of speed limits in the municipality.

(d)

Whenever the traffic engineer declares a speed limit, the traffic engineer shall submit a schedule of the speed limit to the police department, the municipal judge, the county clerk and the county attorney.

(e)

Speed zones may be marked by a sign containing a flashing yellow light. The speed limit, instructions or regulations on the sign are in effect when the light is in operation.

(f)

The provisions of subsection (a) of this section shall not apply to changes of speed limit in construction zones authorized pursuant to subsections (g) through (j) of this section.

(g)

When construction, repair or reconstruction of any street or highway is being done, the traffic engineer or other governmental authority with jurisdiction over that street or highway is authorized to designate as a construction zone that portion of the street or highway where construction, reconstruction or repair is being done and to close the construction zone to traffic or to provide for a single lane of traffic on any two-lane or four-lane highway in the construction zone.

(h)

The traffic engineer or other governmental authority closing all or a portion of a street or highway or providing for a single lane of traffic on any two-lane or four-lane street or highway pursuant to subsection (g) of this section shall erect or cause to be erected traffic-control devices or barricades to warn and notify the public of any change in speed limit and that such street or highway is closed or limited to a single lane of traffic.

(i)

Every pedestrian or person who operates a vehicle on any street or highway shall obey all signs, signals, markings, flagmen or other traffic-control devices that are placed to regulate, control and guide traffic through a construction zone.

(j)

No person shall remove, change, modify, deface or alter any traffic-control device or barricade that has been erected on any street or highway pursuant to this section.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.06.003; Ord. No. 02-236, § 17, 12-17-2013)

State law reference

Similar provisions, NMSA 1978, §§ 66-7-303, 66-7-303.1.