2020 New Mexico Statutes
Chapter 4 - Counties
Article 37 - County Ordinances
Section 4-37-3 - Enforcing county ordinances; jurisdiction.
A. County ordinances may be enforced by prosecution for violations of those ordinances in any court of competent jurisdiction of the county. Penalties for violations of any county ordinances shall not exceed a fine of three hundred dollars ($300) or imprisonment for ninety days or both the fine and imprisonment; except that a county may enact and enforce ordinances that impose the following penalties in addition to any other penalty provided by law:
(1) no more than one thousand dollars ($1,000) for discarding or disposing of refuse, litter or garbage on public or private property in any manner other than by disposing it in an authorized landfill;
(2) no more than five thousand dollars ($5,000) for the improper or illegal disposal of hazardous materials or waste in any manner other than as provided for in the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978]; and
(3) no more than imprisonment for three hundred sixty-four days or a fine of one thousand dollars ($1,000), or both, for violation of an ordinance regarding driving while under the influence of intoxicating liquor or drugs.
B. Prosecution of violations under this section may be commenced by the issuance of a citation charging the violation. Citations may be issued by the code enforcement officer of the county or an employee or employees of the county authorized by the board of county commissioners to issue such citations.
History: 1953 Comp., § 15-36A-3, enacted by Laws 1975, ch. 312, § 3; 1989, ch. 370, § 1; 1993, ch. 66, § 2.
ANNOTATIONSThe 1993 amendment, effective January 1, 1994, inserted the subsection designations "A" and "B" and, in Subsection A, inserted the paragraph designations "(1)" and "(2)" and added Paragraph (3).
Enforcement of ordinance. — This section does not provide sole remedy for violations of county ordinances. Cerrillos Gravel Products, Inc. v. Santa Fe Bd. of Cnty. Comm'rs, 2005-NMSC-023, 138 N.M. 126, 117 P.3d 932.
County traffic ordinance. — Provision of a county traffic ordinance that purported to punish certain offenses deemed to be felonies with punishment up to imprisonment for eighteen months and/or a five thousand dollar fine was in direct conflict with this section and was, therefore, invalid. Board of Comm'rs v. Greacen, 2000-NMSC-016, 129 N.M. 177, 3 P.3d 672.
