HOUSE HEALTH, GOVERNMENT AND INDIAN AFFAIRS

COMMITTEE SUBSTITUTE FOR HOUSE BILL 489

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

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.--

          A. The governing body of a municipality may adopt ordinances or resolutions not inconsistent with the laws of New Mexico for the purpose of:

                [A.] (1) effecting or discharging the powers and duties conferred by law upon the municipality;

                [B.] (2) providing for the safety, preserving the health, promoting the prosperity and improving the morals, order, comfort and convenience of the municipality and its inhabitants; and

                [C.] (3) enforcing [obedience to] the ordinances by prosecution in the municipal [court] courts, magistrate courts and metropolitan courts and, upon conviction, the imposition of:

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

                     [(2)] (b) 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)] (c) for [violations] each violation 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].

          B. An entity established pursuant to Section 72-1-10 NMSA 1978 may adopt ordinances not inconsistent with the laws of New Mexico for the purposes of:

                (1) complying with applicable provisions of the federal Clean Water Act and regulations of the United States environmental protection agency; and

                (2) enforcing the ordinances by prosecution in the municipal courts, magistrate courts and metropolitan courts and, upon conviction, the imposition of:

                     (a) for each violation 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; and

                     (b) for each violation of any other ordinance, a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety days or both."

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