Unless a lesser maximum penalty or a specific penalty is established by ordinance for a particular offense, the maximum penalty for violation of this code or any city ordinance shall be as follows:
A. Violations Generally: Except for those violations of this code or city ordinances described in subsection B of this section, a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days or both;
B. Industrial User Wastewater Pretreatment: For violations of an industrial user wastewater pretreatment ordinance, or this code, as required by the United States environmental protection agency, a fine of not more than nine hundred ninety-nine dollars ($999.00) a day for each violation. (Ord. 976, 6-8-1998; amd. Ord. 1309, 12-21-2021)
Notes
| 1 | 1. NMSA § 3-17-1. |
A. Application Of Penalty: The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section.
B. Acts Punishable Under Different Sections: In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.
C. Breach Of Provisions: Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply.
(2001 Code; amd. Ord. 1330, 6-18-2024)
No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the city council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
(2001 Code; amd. Ord. 1330, 6-18-2024)