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Home » US Law » 2021 New Mexico Statutes » Chapter 4 - Counties » Article 52 - Refuse Disposal Districts

Section 4-52-1 – Short title.

This act [4-52-1 to 4-52-10, 4-52-11 to 4-52-15 NMSA 1978] may be cited as the “Refuse Disposal Act”. History: 1953 Comp., § 15-52-1, enacted by Laws 1959, ch. 194, § 1. ANNOTATIONS Cross references. — For the Special District Procedures Act, see 4-53-1 NMSA 1978 et seq. For authority of county to collect and dispose […]

Section 4-52-10 – Votes; results.

The votes shall be counted by the election officers at the close of the polls and report of the results along with the ballots delivered to the polling superintendent, who shall certify the results to the board of county commissioners. If a majority of votes cast favor creation of the district, the board shall certify […]

Section 4-52-10.1 – Creation; alternate procedure.

In a class A county, the board of county commissioners may create a refuse disposal district by ordinance. The district shall consist only of contiguous parcels of property. The board shall create the district only after considering the feasibility of the district and the likelihood that services could be provided without the creation of the […]

Section 4-52-11 – Powers.

The board of county commissioners has power to: A. establish and fill a position of manager to manage and supervise the manner of storage, collection and disposal of refuse, and fix the compensation attached to the position, or may authorize and direct an administrative official of the county to assume the functions of the manager; […]

Section 4-52-12 – Addition of land.

A. Resident electors of an area without a district may petition the board of county commissioners to add the area to the district. The petition shall define the boundaries of the land desired to be annexed and give other information pertinent to such proposal. The petition shall be signed by twenty-five or more resident electors […]

Section 4-52-13 – Detaching land.

Resident electors of lands which have not been, are not and cannot be benefited by their inclusion in the district, may petition the board of county commissioners to have the lands detached. The petition shall describe the lands and state the reasons why they should be detached. A hearing shall be held within thirty days […]

Section 4-52-14 – Discontinuance of districts.

A. Any time after five years from the organization of a district, fifty or more resident electors of a district, or, if less than one hundred resident electors are involved, a majority of the resident electors of the district, may file a petition with the board of county commissioners, praying that the existence of the […]

Section 4-52-15 – Penalty [for violation of ordinance].

Violation of any ordinance adopted by the county commissioners on behalf of the district under Section 11 [4-52-11 NMSA 1978] of the Refuse Disposal Act shall be deemed a misdemeanor. History: 1953 Comp., § 15-52-15, enacted by Laws 1959, ch. 194, § 15. ANNOTATIONS Bracketed material. — The bracketed material in the catchline was inserted […]

Section 4-52-2 – Definitions.

As used in the Refuse Disposal Act: A. “garbage” includes all waste food, swill, carrion, slops and all waste from the preparation, cooking and consumption of food and from the handling, storage and sale of food products and the carcasses of animals; B. “rubbish” includes all waste paper, paper cartons, tree branches, yard trimmings, discarded […]

Section 4-52-3 – Purpose of act.

The purpose of the Refuse Disposal Act is to safeguard and improve the public health through the proper disposition of refuse. History: 1953 Comp., § 15-52-3, enacted by Laws 1959, ch. 194, § 3.

Section 4-52-4 – Application of act.

A refuse disposal district may be organized and managed as herein provided, and is authorized to exercise the powers expressly granted or necessarily implied by the Refuse Disposal Act. History: 1953 Comp., § 15-52-4, enacted by Laws 1959, ch. 194, § 4.

Section 4-52-5 – Area.

A district must be entirely within one county and may consist of noncontiguous parcels of property, but shall not include any incorporated area. History: 1953 Comp., § 15-52-5, enacted by Laws 1959, ch. 194, § 5.

Section 4-52-6 – Petitions.

When fifty or more resident electors of a proposed district, or, if less than one hundred resident electors are involved, a majority of the resident electors of the proposed district, desire to form a district, they shall file a petition with the board of county commissioners. The petition shall define the boundaries of the proposed […]

Section 4-52-7 – Hearing; notice.

A. Within thirty days after the petition has been filed with the board of county commissioners, it shall cause due notice to be given by publication for three consecutive weeks immediately prior to action in a newspaper of general circulation in the county, or, if no newspaper of general circulation exists, shall post in not […]

Section 4-52-8 – Referendum.

After the board of county commissioners has made and recorded a determination that there is need, in the interest of public health, safety and welfare, for creation of the proposed district, it shall consider the question whether the operation of a district within the proposed boundaries with the powers conferred upon districts in Section 11 […]

Section 4-52-9 – Ballots.

The question to be voted on shall be submitted by ballots upon which appear the following: “For creation of ………………………… Refuse Control District [ ] Against creation of …………………….. Refuse Control District [ ]” A square shall follow each proposition. The ballot shall also contain a direction to insert an “X” mark in the square […]