46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO LOCAL GOVERNMENTS; PROHIBITING ORDINANCES THAT INCREASE THE COST OF HOUSING CONSTRUCTION; DECLARING AN EMERGENCY.
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 and metropolitan courts
and upon conviction the imposition of:
[(1)] (a) except for those violations of
ordinances described in [Paragraphs (2) and (3)] Subparagraph
(b) and (c) of this [subsection] paragraph, 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 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. Beginning on the date on which this 2003 act becomes effective, a board of county commissioners or the governing body of a municipality, including a home rule municipality, shall not adopt an ordinance that will unreasonably increase the cost of low-income or affordable housing."
Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.