A public nuisance consists of knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is either: A. injurious to public health, safety, morals or welfare; or B. interferes with the exercise and enjoyment of public rights, including the right to use public property. Whoever commits a public nuisance for […]
ANNOTATIONS Repeals. — Laws 2000, ch. 22, § 3 repealed 30-8-10 NMSA 1978, as enacted by Laws 1963, ch. 303, § 8-7, relating to placing injurious substances on highways, effective July 1, 2000. For provisions of the former section, see the 1999 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 66-7-364 NMSA 1978.
Illegal prescribing of medicine consists of any physician or other person, while under the influence of any alcoholic beverage or narcotic, prescribing or compounding for any other person, any poison, drug or medicine. Whoever commits illegal prescribing of medicine while under the influence of any alcoholic beverage or narcotic is guilty of a misdemeanor. History: […]
History: 1953 Comp., § 40A-8-9, enacted by Laws 1963, ch. 303, § 8-9; repealed by Laws 2018, ch. 74, § 56. ANNOTATIONS Repeals. — Laws 2018, ch. 74, § 56 repealed 30-8-12 NMSA 1978, as enacted by Laws 1963, ch. 303, § 8-9, relating to conduct offensive to public well-being, effective July 1, 2018. For […]
History: 1953 Comp., § 40A-8-10, enacted by Laws 1963, ch. 303, § 8-10; 1966, ch. 44, § 1; 1967, ch. 180, § 1; repealed by Laws 2018, ch. 74, § 56. ANNOTATIONS Repeals. — Laws 2018, ch. 74, § 56 repealed 30-8-13 NMSA 1978, as enacted by Laws 1963, ch. 303, § 8-10, relating to […]
History: 1953 Comp., § 40A-8-10.1, enacted by Laws 1975, ch. 283, § 1; 1978 Comp., § 30-8-14, recompiled and amended as § 66-7-363.1 by Laws 2019, ch. 155, § 2. ANNOTATIONS Recompilations. — Laws 2019, ch. 155, § 2 recompiled and amended former 30-8-14 NMSA 1978 as 66-7-363.1 NMSA 1978, effective June 14, 2019.
Polluting water consists of knowingly and unlawfully introducing any object or substance into any body of public water causing it to be offensive or dangerous for human or animal consumption or use. Polluting water constitutes a public nuisance. For the purpose of this section, “body of water” means any public river or its tributary, stream, […]
Refuse means any article or substance: A. which is commonly discarded as waste; or B. which, if discarded on the ground, will create or contribute to an unsanitary, offensive or unsightly condition. Refuse includes, but is not limited to, the following items or classes of items: waste food; waste paper and paper products; cans, bottles […]
A. Littering consists of discarding refuse: (1) on public property in any manner other than by placing the refuse in a receptacle provided for the purpose by the responsible governmental authorities or otherwise in accordance with lawful direction; or (2) on private property not owned or lawfully occupied or controlled by the person, except with […]
The state game commission may designate trained employees of the commission vested with police powers to enforce the provisions of Section 30-8-4 NMSA 1978. In addition, members of the state police, county sheriffs and their deputies, police officers and those employees of the state park and recreation commission [state parks division of the energy, minerals, […]
The state highway department [department of transportation] and the state park and recreation commission [state parks division of the natural resources department] shall post in areas under their control pertinent portions of Section 30-8-4 NMSA 1978 and pleas for the public to take their refuse with them and to dispose of it properly. History: 1953 […]
The state game commission, the state highway department [department of transportation], the state park and recreation commission [state parks division of the natural resources department] and the environmental improvement agency [department of environment] are encouraged to institute public education programs through the news media in order to inform the public of the litter problem in […]
A. Except as herein provided, an action for the abatement of a public nuisance shall be governed by the general rules of civil procedure. B. A civil action to abate a public nuisance may be brought, by verified complaint in the name of the state without cost, by any public officer or private citizen, in […]
A. When the public nuisance sought to be abated under the provisions of Section 30-8-8 NMSA 1978 is a house of prostitution, as defined in Section 30-9-8 NMSA 1978, in addition to injunctive relief, the remedies and presumptions provided in this section apply. B. For the purposes of this section and Section 30-8-8 NMSA 1978, […]
Abandonment of dangerous containers consists of any person: A. abandoning, discarding or keeping in any place accessible to children, any refrigerator, icebox, freezer, airtight container, cabinet or similar container, of a capacity of one and one-half cubic feet or more, which is no longer in use, without having the attached doors, hinges, lids or latches […]
