reglab/housing_qa huggingface dataset:
NM Stat § 3-18-12 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-12 - Food and merchandise; regulation and inspection.

A. A municipality may regulate the sale of food and drink, and may provide for the place and manner of selling food. B. A municipality may provide for the: (1) inspection and regulation of food; (2) regulation, inspection, weighing and measuring of any article of merchandise; (3) inspection and sealing of weights and measures; and (4) enforcement and use of proper weights and measures by vendors. History: 1953 Comp., § 14-17-10, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For standards of weights and measures, see 57-17-1 NMSA 1978 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 35 Am. Jur. 2d Food §§ 2 et seq., 33, 34; 79 Am. Jur. 2d Weights and Measures § 5. Validity of statute or ordinance interfering with privacy in restaurants, 5 A.L.R. 965. Validity of statute or ordinance requiring commodities to be sold in a specified quantity or weight, 6 A.L.R. 429, 90 A.L.R. 1290. "Food," within meaning of statute, 17 A.L.R. 1282. Place of sale, validity of statute or ordinance relating to place of sale of food, 52 A.L.R. 669. Milk, construction and application of regulations as to, 122 A.L.R. 1062. Food sold at retail, validity, construction and application of statutes or ordinances relating to inspection of, 127 A.L.R. 322. Ignorance or mistake of fact, lack of criminal intent or presence of good faith, penal offense predicated on violation of food law as affected by, 152 A.L.R. 755. Discrimination as regards closing hours as between restaurants or eating places in ordinances respecting them, 169 A.L.R. 976. Authorization, prohibition or regulation by municipality of the sale of merchandise on streets or highways or their use for such purpose, 14 A.L.R.3d 896. Kosher food, validity and construction of regulations dealing with misrepresentation in the sale of, 52 A.L.R.3d 959. 36A C.J.S. Food § 3; 94 C.J.S. Weights and Measures §§ 2 to 10.
NM Stat § 3-18-13 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-13 - Industrial nuisances and nauseous locations; regulation and prohibition.

A municipality may within one mile of its boundary direct the location, regulate and prohibit any offensive and unwholesome business or establishment. History: 1953 Comp., § 14-17-11, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For public nuisance generally, see 30-8-1 NMSA 1978. For erection of carbon black plant near municipality, see 30-8-12 NMSA 1978. For permitting privy or cesspool within municipality to become menace to public health, see 30-8-12 NMSA 1978. For erection of slaughterhouses near municipality without consent of governing body, see 30-8-12 NMSA 1978. Law reviews. — For survey, "Torts: Sovereign and Governmental Immunity in New Mexico," see 6 N.M.L. Rev. 249 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 447 to 451. Slaughterhouse as nuisance, 27 A.L.R. 329. Slaughterhouse, power to prescribe manner or conditions of serving public, 46 A.L.R. 1486. Animal rendering or bone boiling plant or business as nuisance, 17 A.L.R.2d 1269.
NM Stat § 3-18-14 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-14 - Municipal libraries; establishment; contract services; state publications; gifts and bequests.

A. A municipality may establish and maintain a free public library under proper regulation and may receive, hold and dispose of a gift, donation, devise or bequest that is made to the municipality for the purpose of establishing, increasing or improving the library. The governing body may apply the use, profit, proceeds, interests and rents accruing from such property in any manner that will best improve the library and its use. B. After a public library is established, the secretary of state shall furnish to the public library a copy of any work subsequently published under his authority. C. A municipality establishing a public library may enter into contracts and joint powers agreements with other municipalities, counties, local school boards, post-secondary educational institutions and the library division of the office of cultural affairs for the furnishing of library services. In the interest of establishing a county or regional library, a municipality may convey its library facilities to the county as part of a contract for furnishing library services to the inhabitants of the municipality by the county or regional library. History: 1953 Comp., § 14-17-12, enacted by Laws 1965, ch. 300; 1977, ch. 246, § 45; 1980, ch. 151, § 1; 1999, ch. 20, § 1. ANNOTATIONSCross references. — For tax exemption of public library property, see N.M. Const., art. VIII, § 3. For county library services, see 4-36-1, 4-36-2 NMSA 1978. For joint city-county building, see 5-5-1 NMSA 1978 et seq. For distribution of session laws, see 8-4-6 NMSA 1978. The 1999 amendment, effective June 18, 1999, inserted "Municipal" in the catchline, substituted the language beginning "enter into" and ending "institutions and" for "contract with the county, adjoining counties or" in the first sentence of Subsection C, and made minor stylistic changes. Cities may issue bonds for erection of public library buildings. Bachechi v. City of Albuquerque, 1924-NMSC-033, 29 N.M. 572, 224 P. 400. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 543. Municipality's power to accept and administer trust for library, 10 A.L.R. 1377. Erection of library in park, 18 A.L.R. 1255, 63 A.L.R. 484, 144 A.L.R. 486. Exemption of library from taxation, 62 A.L.R. 333, 108 A.L.R. 284. Exercise of eminent domain for purpose of library, 66 A.L.R. 1496. Garage, validity of regulations prohibiting erection within certain distance of library, 84 A.L.R. 1152.
NM Stat § 3-18-15 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-15 - Works of art; other works; acquisition and maintenance.

A municipality may acquire works of art and other works of historical, classical or general interest and establish museums or other suitable facilities for their care and preservation. It may, through its appropriate administrative authority, trade, barter and exchange items of value with other museums or persons for items of equal or similar value for such times and on such terms as appear suitable to carry out the public purposes of the museums. It may accept and reject gifts through its appropriate administrative authority subject to the terms and conditions of the gifts. History: 1953 Comp., § 14-17-12.1, enacted by Laws 1967, ch. 149, § 1; 1973, ch. 192, § 1.
NM Stat § 3-18-16 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-16 - Markets and market places.

A municipality may establish and regulate municipal markets and market places. History: 1953 Comp., § 14-17-13, enacted by Laws 1965, ch. 300. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 64 C.J.S. Municipal Corporations § 1562.
NM Stat § 3-18-18 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-18 - Parks.

Within or without the municipal boundary, a municipality may build, beautify and improve public parks and acquire any property for park purposes. The acquisition of property for park purposes which is outside the municipal zoning boundaries, and outside the boundaries of the county in which the municipality is located, shall be subject to the prior approval of the governing body of the local government within whose boundary the property is situated. Any property acquired for park purposes is under the immediate control of the governing body. The governing body may pay any expenses of transfer or conveyance and examination of title for any property given to the municipality for park purposes. History: 1953 Comp., § 14-17-15, enacted by Laws 1965, ch. 300; 1973, ch. 368, § 2. ANNOTATIONSCross references. — For park commission, see 3-47-1, 3-47-2 NMSA 1978. For county acquisition of property within boundaries of another local governmental subdivision for park purposes, see 4-36-6 NMSA 1978. For playgrounds and recreational equipment, see 5-4-1 NMSA 1978 et seq. For lease of state lands, see 19-7-54 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 542. To what uses park property may be devoted, 18 A.L.R. 1246, 63 A.L.R. 484, 144 A.L.R. 486. Parks, liability of municipal corporations for injuries due to conditions in, 29 A.L.R. 863, 42 A.L.R. 263, 99 A.L.R. 686, 142 A.L.R. 1340. Power of municipal corporation to establish and maintain golf course, 36 A.L.R. 1301. Liability of municipality in respect of municipal bathhouses, bathing beaches and swimming pools, 51 A.L.R. 370, 57 A.L.R. 406. Park property, power to sell or lease, 63 A.L.R. 489, 144 A.L.R. 486. Res ipsa loquitur as applicable in action against municipality for injuries from dangerous condition in parks, streets or highways, 74 A.L.R. 1226. Statutes relating to establishment or administration of parks, as encroachment on right of local self-government, 88 A.L.R. 228. Liability of owner of park or other premises on which baseball or other game is played, for injuries by ball to person on nearby street or sidewalk, 16 A.L.R.2d 1458. Power of municipal corporation to exchange its real property, 60 A.L.R.2d 220. Liability to one struck by golf ball, 53 A.L.R.4th 282. 64 C.J.S. Municipal Corporations §§ 1557 to 1561.
NM Stat § 3-18-19 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-19 - Park and recreation construction authorized.

A municipality may create an improvement district as authorized in Sections 3-33-1 through 3-33-43 NMSA 1978 of the new Municipal Code, for the purpose of acquiring and constructing parks and recreation facilities. History: 1953 Comp., § 14-17-15.1, enacted by Laws 1965, ch. 311, § 1. ANNOTATIONSEminent domain. — The power to condemn property for park purposes could be exercised only by compliance with statutory procedure. City of Albuquerque v. Huning, 1924-NMSC-035, 29 N.M. 590, 225 P. 580. Cities could not issue bonds for park improvements. Bachechi v. City of Albuquerque, 1924-NMSC-033, 29 N.M. 572, 224 P. 400. Golf course. — This section does not prohibit the use of public funds of a city in maintaining and improving a municipal golf course which is a part of the park system, leased from a country club outside the city limits, when such funds are budgeted and collected for that purpose. 1953 Op. Att'y Gen. No. 53-5813. Am. Jur. 2d, A.L.R. and C.J.S. references. — Auditorium or stadium as public purpose for which taxing power may be exercised, 173 A.L.R. 415.
NM Stat § 3-18-20 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-20 - Police ordinances; county jails.

A municipality may use the county jail for the confinement or punishment of offenders subject to the requirements imposed by law and the board of county commissioners. History: 1953 Comp., § 14-17-16, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For jails, see 33-3-1 NMSA 1978 et seq. For local government corrections fund, see 33-3-25 NMSA 1978. For custody of prisoners, see 35-15-6 NMSA 1978. Board of county commissioners may impose fee for each municipal prisoner incarcerated in a county jail. 1979 Op. Att'y Gen. No. 79-41. Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970). Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 C.J.S. Prisons § 5.
NM Stat § 3-18-21 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-21 - Railroads; street railroads; crossings.

A. A municipality may, within its boundary: (1) regulate the speed of diesel electric locomotives; (2) license and regulate the laying of railroad tracks; (3) provide for and change the location, grade and crossing of any railroad; (4) regulate and prohibit the use of steam engines and diesel electric locomotives; and (5) require a railroad company to: (a) fence its railroad or any portion of it; (b) construct cattleguards at crossings of streets and public roads; (c) keep its fences and cattleguards in repair; (d) keep a flagman at railroad crossings of streets; (e) provide protection against injury to persons and property by the railroad in the use of its property; and (f) construct and keep in repair ditches, drains, sewers and culverts along and under railroad tracks so that 1) filthy or stagnant pools of water cannot stand on its ground or right-of-way and 2) natural drainage of adjacent property is not impeded. B. A municipality may, within its boundary, by condemnation or otherwise, extend any street, or municipal utility over, across, under or through any railroad track, right-of-way or land of any railroad company or street railroad company. If no compensation is made to the railroad company, the municipality shall restore the railroad track, right-of-way or land to its former state or in a sufficient manner so that its usefulness is not impaired. History: 1953 Comp., § 14-17-17, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For municipal transit law, see 3-52-1 NMSA 1978 et seq. For authorization to grant use of streets to railroads, see 63-2-8 NMSA 1978. For the Public Mass Transportation Act, see 67-3-67 to 67-3-70 NMSA 1978. Unconstitutional ordinance. — An ordinance which provides, in essence, that all trains, which includes unattached locomotives, must have a crew of at least two when passing within 50 feet of a public street or crossing a public way, and is a criminal ordinance since a penalty of up to $100 is provided for violation, is not permitted and is unconstitutional. 1960 Op. Att'y Gen. No. 60-36. Am. Jur. 2d, A.L.R. and C.J.S. references. — 65 Am. Jur. 2d Railroads § 28. Railroad crossings, power to assume the duty of providing and maintaining, 1 A.L.R. 316. Construction of provision of statute, ordinance, or franchise relating to "repair" of street railway zone, 10 A.L.R. 928. Municipally owned railroad or street railway, liability of municipality for tort in construction or operation, 31 A.L.R. 1306. Change in traffic conditions as affecting duty of street railway to keep street in repair, 33 A.L.R. 131. Railroad company, power to permit construction of piers, pillars or abutments within street at crossing, 62 A.L.R. 1524. Street railways, ordinance prohibiting one-man streetcars, 69 A.L.R. 344. Construction of statutes requiring railroads to provide for the drainage or flow of waters, 19 A.L.R.2d 967. Duty of railroad company to maintain flagman at crossing, 24 A.L.R.2d 1161. 74 C.J.S. Railroads §§ 394 to 399.
NM Stat § 3-18-22 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-22 - Requirement for sanitary facilities; notice to owners; failure to comply; municipality to perform work; lien; interest.

A. By general ordinance, a municipality may require the owner, agent or occupant of a building on an isolated tract having facilities available or on land adjoining a street: (1) where sewer pipe is laid, to install proper plumbing and connect with the sewer; (2) where no sewer pipe is laid but water pipe is laid, to construct and install proper plumbing and sewage disposal devices; or (3) where neither sewer nor water pipe is installed within one hundred fifty feet of the isolated tract of land, to construct pit toilets in compliance with plans and specifications approved by the municipality and filed with the municipal clerk. B. If the owner, agent or occupant of a building on an isolated tract having facilities available, or on land adjoining a street, fails to comply with the ordinance, the governing body may by resolution order the owner, agent or occupant of a building on an isolated tract having facilities available, or on land adjoining a street, to comply with the ordinance. The owner, agent or occupant of the building shall be personally served with written notice of the resolution and shall be given thirty days to commence work. If the owner, as shown by the assessment roll, or agent is not a resident of the municipality, the notice shall be sent to him at his last known address by certified mail, return receipt requested, and a copy of the notice shall be posted on the property. C. If the owner, agent or occupant fails or refuses to perform the required improvements after being given notice, the municipality may perform the improvements. The cost of the improvements shall be assessed against the owner, agent or occupant of the property and shall be a first and prior lien on the property subject only to the lien of general state and county taxes. The amount so expended for the improvements shall bear interest at the rate of six percent per year from completion of the improvements until paid. D. After the expiration of one year from the date of completing the improvement, the lien may be enforced in the manner provided in Sections 3-36-1 through 3-36-5 NMSA 1978. Notice of the lien shall be filed in the manner provided in Section 3-36-1 NMSA 1978 and the effect of such filing shall be governed by Section 3-36-2 NMSA 1978. History: 1953 Comp., § 14-17-18, enacted by Laws 1965, ch. 300; 1981, ch. 213, § 1. ANNOTATIONSCross references. — For acquisition and maintenance of sanitary sewers by municipality, see 3-26-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 439, 569 to 574. 64 C.J.S. Municipal Corporations §§ 1535 to 1538.
NM Stat § 3-18-23 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-23 - Steam boiler inspection.

A municipality may provide for the inspection and regulation of steam boilers. History: 1953 Comp., § 14-17-19, enacted by Laws 1965, ch. 300.
NM Stat § 3-18-24 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-24 - Licensing and regulating secondhand and junk stores.

A municipality may: A. regulate, tax or license secondhand dealers and junk store dealers or any person who accepts used merchandise for value; B. prohibit their purchasing any article from a minor without the written consent of the parent or guardian; and C. require that a record of purchases be kept and be subject at all times to inspection by the police. History: 1953 Comp., § 14-17-20, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For junk dealers, see 57-7-1 NMSA 1978 et seq. Regulation of pawnbrokers. — City had authority to enact ordinances under its general welfare power and its police power and it had authority to regulate pawnbrokers under those powers. City of Hobbs v. Biswell, 1970-NMCA-086, 81 N.M. 778, 473 P.2d 917, cert. denied, 81 N.M. 772, 473 P.2d 911. Am. Jur. 2d, A.L.R. and C.J.S. references. — Junk dealers, regulation of, 30 A.L.R. 1427, 45 A.L.R.2d 1391.
NM Stat § 3-18-25 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-25 - Water systems; sewers; assessments.

A. For the purpose of Sections 3-27-1 and 3-49-1 NMSA 1978, a municipality may: (1) open, construct, repair, keep in order and maintain water mains, laterals, reservoirs, standpipes, sewers and drains; and (2) assess and collect as other assessments and collections are made the amount necessary to cover the cost of the work. B. The assessment against the lot or land along or through which the street runs shall be made in such portion as is just and equitable according to the benefits accruing to the lot or land and to its value. History: 1953 Comp., § 14-17-21, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For acquisition and maintenance of sanitary sewers by municipality, see 3-26-1 NMSA 1978 et seq. For water facilities, see 3-27-1 NMSA 1978 et seq. For improvement districts, see 3-33-1 NMSA 1978 et seq. For power of municipality to open, construct, repair, keep in order and maintain water mains, laterals, reservoirs, standpipes, sewers and drains, see 3-49-5 NMSA 1978. For regulation of use of waters, see 3-53-1 NMSA 1978 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 439, 569 to 574. Right to compel municipality to extend its water system, 48 A.L.R.2d 1222. Validity and construction of regulation by municipal corporation fixing sewer-use rates, 61 A.L.R.3d 1236. 64 C.J.S. Municipal Corporations §§ 1535 to 1538.
NM Stat § 3-18-26 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-26 - Toll bridges.

A municipality may establish, license, regulate and fix the tolls of all toll bridges and ferries. History: 1953 Comp., § 14-17-22, enacted by Laws 1965, ch. 300.
NM Stat § 3-18-27 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-27 - Trees and shrubs.

A municipality may, by ordinance, regulate the planting, transplanting, growing, trimming, pruning, preservation and protection of trees, shrubs and vines or create a commission for the purpose of such regulation. History: 1953 Comp., § 14-17-23, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For defacing tree within 400 yards of highway a petty misdemeanor, see 30-15-2 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of municipality for damage caused by fall of tree or limb, 14 A.L.R.2d 186.
NM Stat § 3-18-28 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-28 - Municipal employees' retirement system.

A municipality may enter into contracts with private insurance companies to establish a retirement system for its employees. History: 1953 Comp., § 14-17-24, enacted by Laws 1971, ch. 71, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 60A Am. Jur. 2d Pensions and Retirement Funds §§ 1604, 1606. 62 C.J.S. Municipal Corporations §§ 649 to 660.
NM Stat § 3-18-29 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 18 - Powers of Municipalities|Section 3-18-29 - [Foreign-trade zones.]

The governing body of any municipality, pursuant to the federal Foreign-Trade Zones Act, as may be amended from time to time, and regulations adopted pursuant thereto, may: A. with the prior written approval of the board of economic development, apply for and accept a grant of authority to establish, operate and maintain a foreign-trade zone; B. provide such facilities and services as may be necessary or desirable in establishing a foreign-trade zone; and C. exercise such other powers as may be necessary or desirable to establish, operate and maintain a foreign-trade zone. History: 1953 Comp., § 14-17-25, enacted by Laws 1973, ch. 48, § 1. ANNOTATIONSCross references. — For county foreign-trade zone regulations, see 4-36-7 NMSA 1978. For the federal Foreign-Trade Zones Act, see 19 U.S.C. § 81a et seq.