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Home » US Law » 2021 New Mexico Statutes » Chapter 3 - Municipalities » Article 18 - Powers of Municipalities

Section 3-18-1 – General powers; body politic and corporate powers.

A municipality is a body politic and corporate under the name and form of government selected by its qualified electors. A municipality may: A. sue or be sued; B. enter into contracts or leases; C. acquire and hold property, both real and personal; D. have a common seal which may be altered at pleasure; E. […]

Section 3-18-10 – Power of eminent domain; purposes; proceedings.

A. Both within the municipal boundary and for a distance not extending beyond the planning and platting jurisdiction of the municipal boundary, a municipality has the power and right of condemnation of private property for public use for the purpose of: (1) laying out, opening and widening streets, alleys and highways or their approaches; or […]

Section 3-18-11.1 – Fingerprinting of fireman applicants required; authorization for municipality to communicate such information to the federal bureau of investigation.

After July 1, 1985, anyone applying for the position of fireman in any municipality with a population of more than one hundred thousand shall provide the municipality with copies of his fingerprints. The municipality is authorized by this section to transmit copies of all fingerprints of applicant firemen to the federal bureau of investigation. History: […]

Section 3-18-12 – Food and merchandise; regulation and inspection.

A. A municipality may regulate the sale of food and drink, and may provide for the place and manner of selling food. B. A municipality may provide for the: (1) inspection and regulation of food; (2) regulation, inspection, weighing and measuring of any article of merchandise; (3) inspection and sealing of weights and measures; and […]

Section 3-18-13 – Industrial nuisances and nauseous locations; regulation and prohibition.

A municipality may within one mile of its boundary direct the location, regulate and prohibit any offensive and unwholesome business or establishment. History: 1953 Comp., § 14-17-11, enacted by Laws 1965, ch. 300. ANNOTATIONS Cross references. — For public nuisance generally, see 30-8-1 NMSA 1978. For erection of carbon black plant near municipality, see 30-8-12 […]

Section 3-18-15 – Works of art; other works; acquisition and maintenance.

A municipality may acquire works of art and other works of historical, classical or general interest and establish museums or other suitable facilities for their care and preservation. It may, through its appropriate administrative authority, trade, barter and exchange items of value with other museums or persons for items of equal or similar value for […]

Section 3-18-16 – Markets and market places.

A municipality may establish and regulate municipal markets and market places. History: 1953 Comp., § 14-17-13, enacted by Laws 1965, ch. 300. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 C.J.S. Municipal Corporations § 1562.

Section 3-18-17 – Nuisances and offenses; regulation or prohibition.

A municipality, including a home rule municipality that has adopted a charter pursuant to Article 10, Section 6 of the constitution of New Mexico, may by ordinance: A. define a nuisance, abate a nuisance and impose penalties upon a person who creates or allows a nuisance to exist; provided that: (1) the total amount of […]

Section 3-18-18 – Parks.

Within or without the municipal boundary, a municipality may build, beautify and improve public parks and acquire any property for park purposes. The acquisition of property for park purposes which is outside the municipal zoning boundaries, and outside the boundaries of the county in which the municipality is located, shall be subject to the prior […]

Section 3-18-19 – Park and recreation construction authorized.

A municipality may create an improvement district as authorized in Sections 3-33-1 through 3-33-43 NMSA 1978 of the new Municipal Code, for the purpose of acquiring and constructing parks and recreation facilities. History: 1953 Comp., § 14-17-15.1, enacted by Laws 1965, ch. 311, § 1. ANNOTATIONS Eminent domain. — The power to condemn property for […]

Section 3-18-2 – Prohibition on municipal taxing power.

Unless otherwise provided by law, no municipality may impose: A. an income tax; B. a tax on property measured on an ad valorem, per unit or other basis; or C. any excise tax including but not limited to: (1) sales taxes; (2) gross receipts; and (3) excise taxes on any incident relating to: (a) tobacco; […]

Section 3-18-20 – Police ordinances; county jails.

A municipality may use the county jail for the confinement or punishment of offenders subject to the requirements imposed by law and the board of county commissioners. History: 1953 Comp., § 14-17-16, enacted by Laws 1965, ch. 300. ANNOTATIONS Cross references. — For jails, see 33-3-1 NMSA 1978 et seq. For local government corrections fund, […]

Section 3-18-21 – Railroads; street railroads; crossings.

A. A municipality may, within its boundary: (1) regulate the speed of diesel electric locomotives; (2) license and regulate the laying of railroad tracks; (3) provide for and change the location, grade and crossing of any railroad; (4) regulate and prohibit the use of steam engines and diesel electric locomotives; and (5) require a railroad […]

Section 3-18-24 – Licensing and regulating secondhand and junk stores.

A municipality may: A. regulate, tax or license secondhand dealers and junk store dealers or any person who accepts used merchandise for value; B. prohibit their purchasing any article from a minor without the written consent of the parent or guardian; and C. require that a record of purchases be kept and be subject at […]

Section 3-18-25 – Water systems; sewers; assessments.

A. For the purpose of Sections 3-27-1 and 3-49-1 NMSA 1978, a municipality may: (1) open, construct, repair, keep in order and maintain water mains, laterals, reservoirs, standpipes, sewers and drains; and (2) assess and collect as other assessments and collections are made the amount necessary to cover the cost of the work. B. The […]

Section 3-18-26 – Toll bridges.

A municipality may establish, license, regulate and fix the tolls of all toll bridges and ferries. History: 1953 Comp., § 14-17-22, enacted by Laws 1965, ch. 300.