HOUSE BILL 188

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

James E. Smith and John M. Sapien

AN ACT

RELATING TO MINING; AUTHORIZING SPECIFIC PENALTIES FOR VIOLATION OF A COUNTY ORDINANCE REGULATING THE MINING OF SAND, GRAVEL AND RELATED MATERIALS.

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

     SECTION 1. Section 4-37-3 NMSA 1978 (being Laws 1975, Chapter 312, Section 3, as amended) is amended to read:

     "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; [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; and

                (4) a fine of one thousand dollars ($1,000) for each day the violation exists, or no more than imprisonment for three hundred sixty-four days, or both, for a violation of an ordinance regulating the mining of rock or similarly occurring consolidated or unconsolidated naturally occurring materials, including but not limited to stone, sand, gravel, aggregate and riprap.

          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."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

- 3 -