SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 61

51st legislature - STATE OF NEW MEXICO - second session, 2014

AN ACT

RELATING TO MUNICIPALITIES; PROVIDING CIVIL REMEDIES FOR VIOLATIONS OF MUNICIPAL ORDINANCES AND ZONING VIOLATIONS.

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--ENFORCEMENT--PENALTIES.--The governing body of a municipality 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;

          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; and

          C. enforcing obedience to the ordinances by:

                (1) 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)] Subparagraphs (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; or

                (2) civil administrative remedies, to be imposed at an administrative hearing by an independent administrative hearing officer pursuant to the findings made at that administrative hearing, including administrative penalties of not more than five hundred dollars ($500) per violation. If a municipality seeks a civil administrative remedy pursuant to this paragraph, the municipality shall provide for adequate notice and a de novo right to appeal."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.

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