NOTICE OF INTENT TO ADOPT
ORDINANCE No. 2025-02
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
PUBLIC NOTICE IS HEARBY GIVEN that the Colfax County Commissioners will consider
adoption of Ordinance No.2025-02 describe below at the 3rd Floor Commission Chambers of the
Colfax County Building on Tuesday, September 9th, 2025, at 8:45am.
The Title of the Proposed Ordinance is: Ordinance No. 2025-02, An Ordinance Prohibiting
Engine Braking (Jake Braking) In Colfax County, New Mexico.
The title contains a general summary of the subject matter contained in the ordinance, this notice
constitutes compliance with section 4-37-7, NMSA 1978.
Copies of the Proposed Ordinance are available for inspection on the County Website @
www.co.colfax.nm.us or at the office of the County Manager, Colfax County Building, 230
North 3rd St. Raton, NM, during regular business hours.
Accessibility Notice:
If you are an individual with a disability in need of a reader, amplifier, qualified sign language interpreter, or any other
form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the County Manager’s
Office at least one (1) week prior to the meeting or as soon as possible. Public documents, including the agenda and
minutes, are available in various accessible formats. If you require a summary or another type of accessible format,
please contact the County Manager’s Office for assistance.
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
ORDINANCE NO. 2025-02
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
AN ORDINANCE PROHIBITING ENGINE BRAKING (JAKE BRAKING)
IN COLFAX COUNTY, NEW MEXICO
SECTION 1. TITLE
This ordinance shall be known as the “Engine Braking Prohibition Ordinance” of Colfax County, New
Mexico.
SECTION 2. PURPOSE AND INTENT
The purpose of this ordinance is to promote public peace, reduce excessive noise pollution, and enhance
the quality of life for the residents and visitors of Colfax County. Engine compression braking systems,
commonly known as “Jake Brakes,” produce excessive and unnecessary noise when used in populated
areas. This ordinance establishes clear rules and penalties for unlawful engine braking within the
jurisdiction of Colfax County.
SECTION 3. DEFINITIONS – Engine Braking / Jake Braking: The use of a diesel engine’s compression release braking system,
commonly referred to as a “Jake Brake,” which emits a loud, distinctive noise during vehicle deceleration. – Designated No-Brake Zone: Any area within Colfax County posted with signs stating “No Engine
Braking,” “No Jake Brakes,” or similar language. – Emergency Use: The use of engine braking in circumstances where a driver is responding to an
emergency, avoiding an accident, or following manufacturer or DOT safety recommendations.
SECTION 4. PROHIBITED ACT
It is unlawful for the driver of any commercial motor vehicle to use engine braking (Jake Braking) within
any posted or signed No-Brake Zone in Colfax County unless it is required for emergency safety
purposes.
SECTION 5. SIGNAGE
Colfax County shall post signs at appropriate entrances to designated No-Brake Zones. Signs shall read:
“Engine Braking Prohibited – Ordinance No. 2025-__ – Violators Subject to Fines/Community Service”
SECTION 6. EXCEPTIONS
This ordinance shall not apply:
Acting County Manager – Si Trujillo
strujillo@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us – During emergency situations where the use of engine braking is necessary to avoid a collision or loss of
control. – To emergency vehicles or authorized governmental maintenance vehicles when acting in the scope of
duty.
SECTION 7. PENALTIES
Upon a finding of guilt or a plea of no contest, the following progressive penalties shall be imposed at the
discretion of the Magistrate or District Court:
First Offense: – Fine: $100.00 – Community Service: Up to 4 hours (optional, in lieu of fine at judge’s discretion)
Second Offense (within 12 months): – Fine: $250.00 – Community Service: Minimum 8 hours
Third Offense (within 12 months): – Fine: $500.00 – Community Service: Minimum 16 hours – Optional court-ordered traffic safety course
Fourth or Subsequent Offense (within 18 months): – Fine: Up to $1,000.00 – Community Service: Up to 40 hours – Possible court appearance required
Acting County Manager – Si Trujillo
strujillo@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
Failure to pay fines or complete community service may result in additional penalties as allowed by law,
including suspension of driving privileges within the State of New Mexico.
SECTION 8. ENFORCEMENT
This ordinance shall be enforced by the Colfax County Sheriff’s Office and any other law enforcement
agency with jurisdiction in Colfax County.
SECTION 9. SEVERABILITY
If any section or provision of this ordinance is held to be invalid or unenforceable, such ruling shall not
affect the validity of the remaining sections, which shall remain in full force and effect.
SECTION 10. EFFECTIVE DATE
This ordinance shall become effective upon adoption and proper posting/publication in accordance with
New Mexico law.
PASSED, APPROVED, AND ADOPTED this ___ day of __________, 2025.
COLFAX COUNTY BOARD OF COMMISSIONERS
_____________________________
Todd Tatum, Chairperson
_____________________________
Mary Lou Kern, Vice Chairperson
_____________________________
Si Trujillo, Commissioner
ATTEST:
_____________________________
Sara Torres, County Clerk
ORDINANCE NO. 2025-02
AN ORDINANCE PROHIBITING ENGINE BRAKING (JAKE BRAKING) IN COLFAX
COUNTY, NEW MEXICO
Acting County Manager – Si Trujillo
strujillo@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
COLFAX COUNTY NOTICE OF INTENT TO ADOPT ORDINANCE No. 2025-02, Tuesday, September 9th, 2025, at 8:45am.
More from Legal AnnouncementsMore posts in Legal Announcements »
- City Council of the City of Trinidad, Colorado, Work Session, Monday, March 9, 2026, at 3:00 P.M.
- Colfax County Board of Commissioners Amended Regular Meeting on Tuesday, March 10, 2026, at 9:00 A.M.
- Raton Public Service Planned Emergency Power Outage- Thursday, March 12, 2026
- Miners’ Colfax Medical Center Board of Trustees Regular Meeting Friday, March 20, 2026, at 1:00 p.m.Miners’ Colfax Medical Center Board of Trustees Regular Meeting Friday, March 20, 2026, at 1:00 p.m.
- Colfax County Fire Protection Tax Advisory Committee will meet on Saturday, March 14, 2026 at 9:00 AM
