reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-3 - Approval of charter at election; legislative body for combined organization.

If the propositions submitted to the electors shall carry in both election units, and if the charter shall be approved by the majority of electors voting on the question, it may become the organic law of the combined city and county government and shall be effective as hereinafter provided. If the charter is rejected, in the event approval is given for the consolidation, the governing body of the city and county shall, within sixty days thereafter, provide for a new charter committee as hereinbefore set forth for the purpose of framing a new proposed charter which shall be done and submitted to the voters in like manner, and this procedure shall be followed until a proposed charter for such combined city and county government is approved by the electors. The charter, when adopted, may be revised or amended as provided in the charter or bylaw for such charters. The governing body of the city and the board of county commissioners shall be the first legislative authority of the combined municipal organization and they shall continue in office until the terms for which each was elected expires, and no successor shall be elected or appointed under the combined municipal organization charter until the number of said body falls below the number provided in the city and county charter.
History:
1953 Comp., § 14-15-3, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-4 - Charter; contents.

The charter shall designate the number and terms of members of the legislative authority and the name of the combined municipal corporation; the elective officers, the terms of such officers, manner of election and their powers and duties, and may provide for any form of local government for the city and county not inconsistent with the constitution and laws of New Mexico.
History:
1953 Comp., § 14-15-4, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-5 - Date for commencing operation of new organization; disapproval of charter; effect.

In the event a combined municipal organization is approved by a majority of the electors in each election unit and a proposed charter therefor has likewise been approved by a majority of the electors in each election unit, the city government and the county government and all offices thereof, except as provided herein, shall terminate, and the new combined municipal organization government shall begin operation in lieu thereof on the first day of July following the adoption of a charter for the combined municipal organization by the governing authority of the combined municipal organization. If approval of the proposed charter is given by a vote of the majority of the electors voting thereon, the governing authority of the combined municipal organization may adopt the same by a majority vote. In the event the electors of either election unit shall disapprove the proposed charter submitted to them for approval for two consecutive elections upon such proposition, subsequent to the first election, then the consolidation, although previously approved, shall not become effective but shall be void, and the proposition for consolidation shall not be again submitted to a vote of the electors in the combined municipal organization for a period of two years after the last election on the question of approval of the charter.
History:
1953 Comp., § 14-15-5, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-6 - Powers of combined organization.

Upon the date the new combined municipal organization begins operation as provided herein, and thereafter, the organization shall be a municipal corporation of New Mexico and thereupon and thereafter shall exercise all the powers vested in it by the charter adopted for its government and all powers and duties vested in cities by the constitution and laws of New Mexico, and also all powers vested by law in counties, except as provided in the charter adopted and in Article 10, Section 4 of the constitution of New Mexico.
History:
1953 Comp., § 14-15-6, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 62 C.J.S. Municipal Corporations § 94.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-7 - County officers at time of city and county consolidation; duties.

In the event of a city and county consolidation, any county officer holding office at the time the charter becomes effective shall continue in office for his unexpired term and may exercise such functions or duties for the combined municipal organization as the legislative authority thereof determines, and after expiration of his term the county office shall terminate, except as provided herein.
History:
1953 Comp., § 14-15-7, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-8 - Justices of the peace [magistrates] at time of city and county consolidation; duties; vacancies.

Unless otherwise provided for in the combined municipal organization charter, justices of the peace [magistrates] who have been elected and are holding office within the boundaries of the combined municipal organization at the time such government becomes operative, shall continue to hold office as justices of the peace [magistrates] for such combined municipal organization within their respective precincts for the term for which they have been elected, and their successors shall be elected at the time and in the manner and for the term provided by law for justices of the peace [magistrates]. Vacancies in office shall be filled by the governing body of the combined municipal organization for the term as provided for justices of the peace [magistrates] appointed to fill vacancies. Justices of the peace [magistrates] in the combined municipal organization shall exercise the same powers and jurisdiction as is provided by law for justices of the peace [magistrates].
History:
1953 Comp., § 14-15-8, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Bracketed material.
— The bracketed material was not enacted by the legislature and is not a part of the law. Pursuant to Laws 1968, ch. 62, § 40, "magistrates" was inserted in brackets throughout this section.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-9 - Municipal judges to be provided for in charter.

If there is a city and county consolidation, there shall be municipal judges who shall exercise the powers and jurisdiction vested by the combined municipal organization charter in municipal courts. They shall be elected and their vacancies filled in the manner provided for in the charter.
History:
1953 Comp., § 14-15-9, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For municipal courts,
see
35-14-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-10 - Pending cases in courts not to be affected by consolidation.

If there is a city and county consolidation, any civil or criminal case filed or pending, in any proper court at the time the combined municipal organization becomes effective, shall not be affected by the consolidation but shall continue and may be tried, dismissed or disposed of in the same manner as if the consolidation had not been made.
History:
1953 Comp., § 14-15-10, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-11 - Probate judges and district judges at time of consolidation; effect.

A. The probate judge of the county when the consolidation becomes effective shall become the probate judge of the combined municipal organization and shall have the same powers, jurisdiction and duties as provided by law for probate judges of a county, and shall hold office for the remainder of the term for which he was elected. His successor shall be elected at the time and in the manner and for the term provided by law for such office.
B. The district judge or judges acting within and for the county, after the consolidation is complete and operative, shall be district judges within and for the combined municipal organization with the same jurisdiction, powers and duties as if no consolidation had been made.
History:
1953 Comp., § 14-15-11, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-12 - Real and personal property taxes; assessment, levy and collection.

If there is a city and county consolidation all real and personal property within the combined municipal organization shall be assessed, taxed and taxes levied and collected at the time and in the manner provided by law.
History:
1953 Comp., § 14-15-12, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-13 - Books and records of combined organization; filing of instruments.

A. If there is a city and county consolidation, and on and after the date the combined municipal organization government becomes operative, adequate books and records shall be provided in the municipal corporation for recording or filing instruments in the municipal corporation, as will be more specifically provided in the combined municipal organization charter. All books and records provided and kept by a county officer prior to the consolidation of the city and county shall continue to be made available to the public by the combined municipal organization and copies thereof furnished as now provided by law by the combined municipal organization official who, under the charter, is required to keep and maintain the records, with the same force and effect as if the consolidation had not occurred.
B. Instruments required or authorized by law to be filed or recorded with county clerks in order to constitute public notice, shall be filed with the clerk of the combined municipal organization or officer designated in the charter for such purposes, and when so filed or recorded shall have the same force and effect and constitute public notice in the same manner and to the same extent as if filed with county clerks of a county.
History:
1953 Comp., § 14-15-13, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-14 - Assets and liabilities of city and county vest in combined organization; exceptions.

If there is a city and county consolidation all property, assets, credits, causes of action or other rights or interests belonging to the city or county at the time the combined municipal organization government becomes operative shall belong to the combined municipal organization, and, if necessary, the combined municipal organization may demand, sue for, recover and enforce the rights in appropriate courts in the name of the combined municipal organization, and all debts and obligations of the city or county existing at the time the combined municipal organization government becomes operative shall become the debt and obligation of the combined municipal organization and shall be assumed and paid by it as and when due; provided, that all bonded indebtedness of the city or county shall remain the separate debt of the city or county, respectively, and the city or county shall respectively retain its separate identity for debt service purposes until the debts of each legal entity have been fully paid. Tax levies shall continue to be made in the city and county for the required debt service. Special assessments and revenue bonds of the city or county shall likewise continue to be paid only as provided originally for the payment thereof and the city or county shall maintain its separate identity for the purpose of the debt service. All budget and cash balances in all funds of the city and county, except interest and sinking funds for debt service, shall likewise vest in and belong to the combined municipal organization and become available for its use in paying current operating expenses.
History:
1953 Comp., § 14-15-14, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-15 - Continuation of prosecutions, ordinances, rights, privileges and franchises.

If there is a city and county consolidation all rights, franchises and privileges granted by the city or county and all ordinances of the city effective at the date the combined municipal organization government becomes operative shall continue in full force and effect throughout the combined municipal organization until expiration, repeal, termination, amendment or modification, as authorized by law, and all prosecutions not already commenced for offenses committed before or after the county-city government becomes operative may be made in the name of the combined municipal organization in the proper court.
History:
1953 Comp., § 14-15-15, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-16 - City and county property vests in combined organization.

If there is a city and county consolidation, all property, real, personal or mixed, belonging to the city or county shall vest in and become the property of the combined municipal organization government immediately when the combined municipal organization government becomes operative.
History:
1953 Comp., § 14-15-16, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-17 - Substitution of combined organization in pending court proceedings.

If any action, suit or proceeding is pending in any court for or against the city or county at the time the combined municipal organization becomes operative, the combined municipal organization shall be substituted as plaintiff or defendant, as the case may be, in such action, suit or proceeding, and the same shall proceed as if the claim, right, debt or demand upon which the action, suit or proceeding was founded, had originally existed in favor of or against the combined municipal organization.
History:
1953 Comp., § 14-15-17, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 16 - Combined Municipal Organizations › Section 3-16-18 - Collection of taxes; budgets; powers and duties of officers of combined organization.

A. The county treasurer shall proceed to collect all taxes assessed against persons or property within the combined municipal organization prior to the effective date of the consolidation, in the same manner as if no consolidation had occurred. When the combined municipal organization becomes operative, all county officers shall deliver to the proper officer of the combined municipal organization designated in the charter to receive the same, all money, property, books and records of the respective offices.
B. After the combined municipal organization becomes operative, budgets for its government and operation shall be made in the same manner, subject to the same limitations as provided by law for budgets of cities and counties. From said date property shall be assessed for taxes and taxes levied and collected thereon by the combined municipal organization in the same manner and subject to the same limitations as provided by law for assessment, levy and collection of taxes in cities and counties including the procedure for collection of delinquent taxes.
C. After the combined municipal organization becomes operative, each officer of the organization designated by the charter to assume the powers and duties in whole or in part of the county officer or city officer whom he supersedes, shall have all of the rights, powers and duties respectively imposed by law upon the superseded county officer or city officer, and the exercise and performance of the functions when done shall be valid and of the same force and effect as if done by the officer superseded.
History:
1953 Comp., § 14-15-18, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 17 - Ordinances › Section 3-17-2 - Ordinances; style.

The enacting clause of a municipal ordinance shall be:
"Be it ordained by the governing body of the ............ (here insert name of municipality)."
History:
1953 Comp., § 14-16-2, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Ordinance with enacting clause required by this section is validly adopted.
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.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 347.
62 C.J.S. Municipal Corporations §§ 249 to 251.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 17 - Ordinances › Section 3-17-3 - Notice by publication of certain proposed ordinances.

A. Notice by publication of the title and subject matter of any ordinance proposed for adoption by the governing body of any municipality must take place at least two weeks prior to consideration of final action upon the ordinance in open session of the governing body, except that this section shall not apply to ordinances dealing with an emergency declared by the chairman of the governing body or the mayor, as the case may be, to be an immediate danger to the public health, safety and welfare of the municipality, or to ordinances the subject matter of which is amending a city zoning map, provided the amendment to such zoning map has been considered by, and recommended to, the commission by a planning commission with jurisdiction in the matter. It is sufficient defense to any suit or prosecution to show that no notice by publication was made.
B. Notice of the proposed ordinance shall be published one time as a legal advertisement in a newspaper of general circulation in the municipality.
C. Copies of a proposed ordinance shall be available to interested persons during normal and regular business hours of the municipal clerk upon request and payment of a reasonable charge beginning with the date of publication and continuing to the date of consideration by the municipality's elected commission.
History:
1953 Comp., § 14-16-2.1, enacted by Laws 1973, ch. 85, § 1.
ANNOTATIONS
Inapplicable to resolutions.
— This section applies only to ordinances and not to resolutions.
Hotels of Distinction W., Inc. v. City of Albuquerque
, 1988-NMSC-047, 107 N.M. 257, 755 P.2d 595.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 17 - Ordinances › Section 3-17-4 - Ordinances; roll call vote; adoption.

A. If a majority of all the members of the governing body vote in favor of adopting the ordinance or resolution, it is adopted. The municipal clerk shall record in the minutes book the vote of each member of the governing body on each ordinance or resolution.
B. Within three days after the adoption of an ordinance or resolution, the mayor shall validate the ordinance or resolution by endorsing "Approved" upon the ordinance or resolution and signing the ordinance or resolution.
History:
1953 Comp., § 14-16-3, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Plaintiff's action insufficient to invoke estoppel against defendant from raising invalidity of ordinance.
— Plaintiff's entering into preliminary negotiations with prospective clients after the day the ordinance would have become effective had the statutory prerequisites been complied with, by itself, was an insufficient change in position to invoke equitable estoppel against defendant city council from raising the invalidity of the ordinance, which had not been properly enacted under this section.
Dale J. Bellamah Corp. v. City of Santa Fe
, 1975-NMSC-045, 88 N.M. 288, 540 P.2d 218.
Sufficiency of approval.
— The word "Approved" in a resolution, followed by a blank line for the purpose of writing the date, and signed by the mayor, was sufficient.
City of Albuquerque v. Water Supply Co
., 1918-NMSC-088, 24 N.M. 368, 174 P. 217.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 357 to 360.
At what stage does an ordinance pass beyond the power of the legislative body to reconsider or recall, 96 A.L.R. 1309.
62 C.J.S. Municipal Corporations §§ 255 to 258, 265 to 267.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 17 - Ordinances › Section 3-17-7 - Water conservation and drought management plans.

A municipality shall consider ordinances and codes to encourage water conservation and drought management planning pursuant to the provisions of Section 3 [72-14-3.2 NMSA 1978] of this act.
History:
Laws 2003, ch. 138, § 1.
ANNOTATIONS
Cross references.
— For municipal regulation of watercourses, ponds, wells and cisterns,
see
3-53-1 NMSA 1978.
Effective date.
— Laws 2003, ch. 138 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 18 - Powers of Municipalities › Section 3-18-3 - Animals.

A. A municipality may:
(1) prohibit cruelty to animals;
(2) regulate, restrain and prohibit the running at large of any animal within the boundary of the municipality; and
(3) provide by ordinance for the impounding and disposition of animals found running at large. Prior to the time set for disposing of the animal as provided in the ordinance, the owner may regain possession of the animal by paying the poundmaster all costs incurred in connection with impounding the animal.
B. Dogs shall be further regulated as provided in Sections 47-1-2 through 47-1-8 New Mexico Statutes Annotated, 1953 Compilation.
C. A municipality may, by ordinance, provide for the animal control services enumerated in this section to be performed by a contractor and may enter into a contract for the services.
History:
1953 Comp., § 14-17-2, enacted by Laws 1965, ch. 300; 1971, ch. 171, § 1.
ANNOTATIONS
Compiler's notes.
— Sections 47-1-2 to 47-1-8, 1953 Comp., referred to in Subsection B, are compiled as 28-11-1 and 77-1-2 to 77-1-15 NMSA 1978. However, 28-11-1 NMSA 1978, relating to hearing ear aid dogs, was enacted after this section and the reference were enacted.
Cross references.
— For definition of cruelty to animals,
see
30-18-1 NMSA 1978.
For right to prevent running at large and right to impound animals not affected by provisions relating to taking up strays,
see
77-13-10 NMSA 1978.
For provisions on trespassing animals inapplicable to incorporated cities and towns,
see
77-14-24 NMSA 1978.
For hogs, swine or goats not to run at large,
see
77-14-35 NMSA 1978.
For impoundment of trespass livestock,
see
77-14-36 NMSA 1978.
Establishing reasonableness.
— Findings of city governing board, stated in preamble to ordinance, that keeping of certain animals within restricted district in city was a nuisance and endangered the public health, and enactment of ordinance prohibiting keeping of certain animals within the restricted district established prima facie that the ordinance was reasonable.
Mitchell v. City of Roswell
, 1941-NMSC-007, 45 N.M. 92, 111 P.2d 41.
Pit bull ordinance.
— A village ordinance banning ownership or possession of a breed of dog known as American pit bull terrier within village limits was rationally related to the village's legitimate purpose of protecting the health and safety of village residents.
Garcia v. Village of Tijeras
, 1988-NMCA-090, 108 N.M. 116, 767 P.2d 355, cert. denied, 107 N.M. 785, 765 P.2d 758.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 4 Am. Jur. 2d Animals § 31 et seq.
Constitutionality of "dog laws," 49 A.L.R. 847.
Indefiniteness of penal statute or ordinance relating to cruelty, or similar offenses, against animals, 144 A.L.R. 1041.
Construction and application of ordinances relating to unrestrained dogs, cats, or other domesticated animals, 1 A.L.R.4th 994.
What constitutes offense of cruelty to animals - modern cases, 6 A.L.R.5th 733.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 18 - Powers of Municipalities › Section 3-18-4 - Buildings; construct, purchase, rehabilitate, care for.

A municipality may construct, purchase, rehabilitate, care for and adopt rules and regulations for the management of public buildings.
History:
1953 Comp., § 14-17-3, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For authority to issue general obligation bonds,
see
3-30-5 NMSA 1978.
For Joint City-County Building Law,
see
5-5-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Buildings used for both governmental and proprietary functions, liability for tortious injury in or about, 64 A.L.R. 1545.
Public utility plant or interest therein, power of municipality to sell, lease or mortgage, 61 A.L.R.2d 595.
Liability of governmental entity to builder or developer for negligent issuance of building permit subsequently suspended or revoked, 41 A.L.R.4th 99.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 18 - Powers of Municipalities › Section 3-18-8 - Cemeteries.

A municipality may:
A. cause any cemetery to be removed;
B. prohibit the establishment of a cemetery within one mile of the municipal boundary; and
C. regulate cemeteries within the planning and platting jurisdiction of the municipality.
History:
1953 Comp., § 14-17-6, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For municipal cemeteries,
see
3-40-1 NMSA 1978 et seq.
For tax exemption of nonprofit cemeteries,
see
N.M. Const., art. VIII, § 3.
For school sections used for cemetery purposes,
see
19-7-23, 19-7-24 NMSA 1978.
For Endowed Care Cemetery Act,
see
Chapter 58, Article 17 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 14 Am. Jur. 2d Cemeteries § 6.
Validity and reasonableness of rules and regulations of cemetery company or association as to improvement or care of lots, 32 A.L.R. 1406, 47 A.L.R. 70.
Continued use of property for burial purposes as a condition subsequent of a conveyance or dedication of land for that purpose, 47 A.L.R. 1174.
Injunction against closing or obstructing street or highway, right of one whose access to cemetery is thereby impaired to maintain suit for, 68 A.L.R. 1293.
Constitutionality of statute or ordinance requiring or permitting removal of bodies from cemeteries, 71 A.L.R. 1040.
Lien on cemetery property, rights and remedies of holders, 90 A.L.R. 444.
Right to exclude from privilege of burial, 110 A.L.R. 388.
Crematories, municipal regulation of, 113 A.L.R. 1132.
Zoning regulations, variations or exceptions from, 168 A.L.R. 90.
Monuments, vaults and the like, validity and construction of regulations as to, by cemetery company, 174 A.L.R. 977.
Gift for maintenance or care of private cemetery or burial lot, or of tomb or of monument, including the erection thereof, as valid trust, 47 A.L.R.2d 596.
Location of cemetery, validity of public prohibition or regulation of, 50 A.L.R.2d 905.
Nuisance, cemetery or burial ground as, 50 A.L.R.2d 1324.
Condemnation: municipal power to condemn land for cemetery, 54 A.L.R.2d 1322.
Zoning regulations in relation to cemeteries, 96 A.L.R.3d 921.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 18 - Powers of Municipalities › Section 3-18-9 - Census.

A. A municipality may provide for the taking of a census within the municipal boundary but no census shall be taken by the municipality more than once between the years prescribed by law for the census to be taken by the United States of America.
B. Any census taken under the authority of the municipality shall be verified by oath of the person taking the census. The census shall be approved by resolution of the governing body. One copy of the census shall be filed with the clerk of the municipality and one copy shall be filed with the county clerk.
History:
1953 Comp., § 14-17-7, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For definition of "census",
see
3-1-2 NMSA 1978.
Incorporated villages having a population of 500 or more
are granted all the powers and privileges of incorporated towns. 1960 Op. Att'y Gen. No. 60-177.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 18 - Powers of Municipalities › Section 3-18-11.1 - Fingerprinting of fireman applicants required; authorization for municipality to communicate such information to the federal bureau of investigation.

After July 1, 1985, anyone applying for the position of fireman in any municipality with a population of more than one hundred thousand shall provide the municipality with copies of his fingerprints. The municipality is authorized by this section to transmit copies of all fingerprints of applicant firemen to the federal bureau of investigation.
History:
Laws 1985, ch. 121, § 1.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
2023 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.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 C.J.S. Municipal Corporations § 1562.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Eminent 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.