HOUSE BILL 489

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Paul A. Pacheco

AN ACT

RELATING TO MUNICIPALITIES; AMENDING A SECTION OF THE MUNICIPAL CODE TO PROVIDE FOR THE ADOPTION AND ENFORCEMENT OF ORDINANCES AND RESOLUTIONS BY THE ALBUQUERQUE-BERNALILLO COUNTY WATER UTILITY AUTHORITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 3-17-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-16-1, as amended) is amended to read:

     "3-17-1. ORDINANCES--PURPOSES.--The governing body of a municipality, including an entity established pursuant to Section 72-1-10 NMSA 1978, may adopt ordinances or resolutions not inconsistent with the laws of New Mexico for the purpose of:

          A. effecting or discharging the powers and duties conferred by law upon the municipality or entity established pursuant to Section 72-1-10 NMSA 1978;

          B. providing for the safety, preserving the health, promoting the prosperity and improving the morals, order, comfort and convenience of the municipality and its inhabitants or, in the case of an entity established pursuant to Section 72-1-10 NMSA 1978, to protect the welfare, safety and resources of its users and the environment; and

          C. enforcing obedience to the ordinances by prosecution in the municipal [court] courts, magistrate courts and metropolitan courts and upon conviction the imposition of:

                (1) except for those violations of ordinances described in Paragraphs (2) and (3) of this subsection, a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety days or both;

                (2) for a violation of an ordinance prohibiting driving a motor vehicle while under the influence of intoxicating liquor or drugs, a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than three hundred sixty-four days or both; and

                (3) for violations of an industrial user wastewater pretreatment ordinance as required by the United States environmental protection agency, a fine of not more

than one thousand dollars ($1,000) a day for each violation."

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