New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 5 - REMOVAL OF ENCROACHMENTS, OBSTRUCTIONS, ABANDONED MOTOR VEHICLES, AND FOR RESTRICTION OF VENDING › Section 18.20.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means New Mexico State Highway and Transportation Department.
B. "Encroachment" means an intrusion into,
				under, upon, or over highway right of way by a permanent structure or fixture.
				This term shall include, but not be limited to, fences, billboards, permanent
				signs, buildings, awnings, marquees, storage tanks, pipes, ditches, utilities,
				concession booths, roadside stands, mailboxes, Christmas displays and
				banners.
C. "Hazardous Obstruction"
				means any structure or object (other than a motor vehicle, whether or not an
				encroachment, situated into, under upon and over highway right-of-way which
				jeopardized public safety by either creating an unsafe condition or
				significantly hindering the efficient movement of traffic.
D. "Highway Right-of-way" means all roads,
				patrol yards, and rest areas owned, controlled, or maintained by the
				Department. The term "road" means the entire width of the right of way and
				shall include but not be limited to: travel lanes, roadside, shoulder, median,
				ditches, culverts, ramps turnouts and construction and maintenance
				easements.
E. "Non-Hazard Motor
				Vehicle" means an unattended motor vehicle within highway right-of-way not
				falling within the definition of Wrecked Vehicle or Traffic Hazard Motor
				Vehicle, and parked in violation of the Motor Vehicle Code.
F. "Non-Hazardous Obstructions" means an
				object unlawfully remaining within the boundaries of highway right-of-way which
				is neither an encroachment, a motor vehicle, a hazardous object, a temporary
				sign, a political poster or refuse.
G. "Overhanging Sign" means any sign
				intruding upon highway right-of-way which is affixed to a building or structure
				lying outside highway right-of-way.
H. "Refuse" means any article, object or
				substance which is commonly discarded as waste, or which, if discarded on the
				ground, may create or contribute to an unsanitary, offensive or unsightly
				condition. Refuse includes, but is not limited to, the following items or
				classes of items; waste food; waste paper and paper products; cans; bottles or
				other containers; junked household furnishings and equipment; junked parts or
				bodies of automobiles and other metallic junk or scrap; portions or carcasses
				of dead animals; and collections of ashes, dirt, yard trimmings or other
				rubbish.
I. "Rural Area" means
				areas outside urban boundaries of all cities, towns, or municipalities of over
				5000 population. These boundary lines may or may not coincide with corporate
				limits but are established by and are on file with the Planning Division of the
				Department.
J. "Sign" means any
				readily moveable object (except a motor vehicle), or permanent structure which
				is placed upon the highway right-of-way and which has as its purpose or effect
				the conveyance of information to travelers on the highway or property used in
				conjunction with such purpose.
K.
				"Traffic Hazard Motor Vehicle" means a motor vehicle left unattended either
				wholly or partly within a travel lane of the highway right-of-way, or a motor
				vehicle left unattended within thirty-five (35) feet of the nearest travel lane
				on all interstate highways (urban and rural) and on all rural primary and rural
				secondary highways (outside city limits).
L. "Travel Lane" means that portion of the
				highway right-of-way, which is intended, for the free passage of motor
				vehicles.
M. "Vending" means the
				selling, dealing, trafficking, hawking or peddling of goods or services,
				including, but not limited to, the operation of concession booths and roadside
				stands.
N. "Wrecked Vehicle" means
				any vehicle located within the highway right-of-way which shows visible signs
				of damage from collision, vandalism or other causes, and appears incapable of
				self-propulsion.