N.M. Admin. Code § 19.30.14.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.30.14.9 - IMPOUNDMENT OF CONVEYANCE OR EQUIPMENT

A. Any law enforcement officer may impound any conveyance or equipment if warning tagged and the conveyance or equipment is currently in or entering a water body.

B. Any law enforcement officer may impound any conveyance or equipment known or believed to contain aquatic invasive species if such conveyance or equipment is currently in a water body or the person operating or in control of such conveyance or equipment fails to follow the enforcement officer's command to immediately prevent such from entering or remaining in a water body.

C. A warning tag shall be immediately affixed to any conveyance or equipment impounded pursuant to Subsection B above.

D. Any impounded conveyance or equipment shall only be released from impoundment:

(1) upon receipt of satisfactory proof that decontamination requirements as prescribed by the director have been met; or

(2) upon receipt of a conditional release from the director wherein the owner or person responsible for the conveyance or equipment agrees to the specific terms and conditions that require immediate decontamination followed by an inspection to verify decontamination has occurred.

E. It shall be the responsibility of the owner of any impounded conveyance or equipment to pay all costs, including storage fees, decontamination charges and towing associated with the impoundment and to reimburse any agency that incurs expenditures for the impoundment.

N.M. Admin. Code § 19.30.14.9

19.30.14.9 NMAC - N/E, 05-29-2009; A, 07-31-2009; A, 07-15-2010, Adopted by New Mexico Register, Volume XXVII, Issue 03, February 12, 2016, eff. 2/12/2016, Adopted by New Mexico Register, Volume XXVIII, Issue 13, July 11, 2017, eff. 7/11/2017