2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 48 - Refuse; Collection and Disposal › Section 3-48-2 - Authority to regulate refuse.

A municipality may, by ordinance:
A. acquire and maintain refuse disposal areas or plants within or without the municipal boundary;
B. enforce a general system of refuse collection and disposal;
C. prohibit the deposit of refuse on either public or private property;
D. compel the taking of refuse to designated places;
E. specify the kind, size and material of a refuse receptacle;
F. provide for the destruction of refuse or its use for a beneficial purpose; and
G. require any person owning or controlling any occupied real property to:
(1) provide and maintain suitable refuse receptacles;
(2) deposit all refuse in the receptacles; and
(3) place a receptacle in a place convenient for removal.
History:
1953 Comp., § 14-49-2, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For powers of removal of municipality regarding dangerous buildings or debris,
see
3-18-5 NMSA 1978.
For eminent domain power for acquisition of garbage and refuse disposal areas and plants,
see
3-18-10 NMSA 1978.
For regulation and prohibition of industrial nuisances and nauseous locations,
see
3-18-13 NMSA 1978 et seq.
For unlawful disposal of refuse,
see
30-8-4 NMSA 1978.
Authorization for system of garbage collection and disposal.
— This section authorizes municipalities to provide for the enforcement of a general system of garbage collection and disposal.
City of Hobbs v. Chesport, Ltd
., 1966-NMSC-158, 76 N.M. 609, 417 P.2d 210.
Ordinance providing for garbage collection and disposal is a health measure.
City of Hobbs v. Chesport, Ltd
., 1966-NMSC-158, 76 N.M. 609, 417 P.2d 210.
Exclusivity of right within municipality's power.
— The right of the municipality to the exclusive right of collection and disposal of garbage has been upheld as a proper exercise of the municipality's police or other powers.
City of Hobbs v. Chesport, Ltd
., 1966-NMSC-158, 76 N.M. 609, 417 P.2d 210.
Federal antitrust law.
— The city of Albuquerque's monopolization of refuse collection and disposal is valid under state law and protected by the state action exemption to the federal antitrust law.
Seay Bros. v. City of Albuquerque
, 601 F. Supp. 1518 (D.N.M. 1985).
There is no inconsistency or conflict between 74-1-8A(3) NMSA 1978 and this section.
The former gives the board statewide responsibility for environmental management and protection, making the promulgation of regulations and standards by the board in the areas of liquid waste and solid waste sanitation and refuse disposal mandatory. The latter merely gives municipalities the option or discretion to enact ordinances governing the collection and disposal of refuse.
New Mexico Mun. League, Inc. v. New Mexico Envtl. Imp. Bd
., 1975-NMCA-083, 88 N.M. 201, 539 P.2d 221 (Ct. App.), cert. denied, 88 N.M. 318, 540 P.2d 248.
Law reviews.
— For article, "Rights of New Mexico Municipalities Regarding the Siting and Operation of Privately Owned Landfills",
see
121 N.M.L. Rev. 149 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Municipal dump, liability of municipality for injury sustained on, 63 A.L.R. 332, 156 A.L.R. 714.