2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 17 - Ordinances
Section 3-17-5 - Proof of ordinance; authentication; publication; effective date; codification.
A. An ordinance shall be recorded in a book kept for that purpose, shall be authenticated by the signature of the presiding officer of the governing body and the municipal clerk and shall bear the seal of the municipality. The ordinance shall be published one time either in its entirety or by title and a general summary of the subject matter contained in the ordinance, whichever the governing body elects to do.
B. An ordinance shall not become effective until five days after it has been published, unless otherwise provided by law.
C. If the ordinances of the municipality are codified or codified and revised, it is not necessary to publish the entire codification or codification and revision. An ordinance, referring to the codification or codification and revision by title only and specifying one place in the municipality where the codification or codification and revision may be inspected during the normal and regular business hours of the municipal clerk, may be published instead of the codification or codification and revision.
D. Any court shall accept the following as prima facie evidence that an ordinance has been published:
(1) the book in which the ordinances of the municipality are recorded;
(2) any copy of an ordinance certified by the municipal clerk or his duly authorized deputy;
(3) any ordinance published in book or pamphlet form under the authority of the municipality; or
(4) any codification of ordinances prepared under the authority of the municipality. It is sufficient defense to any suit or prosecution to show that no publication was made.
History: 1953 Comp., § 14-16-4, enacted by Laws 1965, ch. 300.
ANNOTATIONSCross references. — For definition of "publish" or "publication", see 3-1-2 NMSA 1978.
For continuation of ordinances in combined municipal organizations, see 3-16-15 NMSA 1978.
Municipal ordinances are law, not adjudicative facts, and may be judicially noticed as law. City of Aztec v. Gurule, 2010-NMSC-006, 147 N.M. 693, 226 P.3d 477, overruling Muller v. City of Albuquerque, 1978-NMSC-091, 92 N.M. 264, 587 P.2d 42; Coe v. City of Albuquerque, 1970-NMSC-041, 81 N.M. 361, 467 P.2d 27; and General Servs. Corp. v. Board of Comm'rs of Bernalillo Cnty., 1965-NMSC-112, 75 N.M. 550, 408 P.2d 51.
Judicial notice of municipal ordinance as law. — Where defendant was convicted in municipal court of aggravated DWI contrary to a municipal ordinance; defendant appealed to district court; at the trial de novo in district court, the municipality failed to introduce the municipal ordinance into evidence; and the district court properly denied defendant's motion to dismiss on the grounds that the municipality did not prove its case because it failed to introduce the municipal ordinance into evidence. City of Aztec v. Gurule, 2010-NMSC-006, 147 N.M. 693, 226 P.3d 477, overruling Muller v. City of Albuquerque, 1978-NMSC-091, 92 N.M. 264, 587 P.2d 42; Coe v. City of Albuquerque, 1970-NMSC-041, 81 N.M. 361, 467 P.2d 27; and General Servs. Corp. v. Board of Comm'rs of Bernalillo Cnty., 1965-NMSC-112, 75 N.M. 550, 408 P.2d 51.
It is better practice to prove an ordinance in accordance with the terms of this section and avoid the necessity of proving authenticity of signatures of the officers required to authenticate ordinance. Territory v. Lynch, 1913-NMSC-038, 18 N.M. 15, 133 P. 405, overruled by State v. Chamberlain, 1991-NMSC-094, 112 N.M. 723, 819 P.2d 673.
In the final publication an ordinance must be so identified as to give general notice to all concerned of the character of the enactment. City of Clovis v. North, 1958-NMSC-077, 64 N.M. 229, 327 P.2d 305.
"Title" is a "descriptive name" or "the heading forming the name of an act or statute, by which it is distinguished from others." City of Clovis v. North, 1958-NMSC-077, 64 N.M. 229, 327 P.2d 305.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 350, 351, 355.
Conclusiveness of declaration of emergency in ordinance, 35 A.L.R.2d 586.
62 C.J.S. Municipal Corporations §§ 274 to 284.
