Chapter 1.08
ORDINANCES AND RESOLUTIONS
Sections:
   1.08.010   Purpose of ordinances.
   1.08.020   Ordaining clause.
   1.08.030   Adoption procedure.
   1.08.040   Publication.
   1.08.050   Codes adopted by reference.
   1.08.060   Resolutions.
1.08.010   Purpose of ordinances.
   The governing body 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, improving the morals, order, comfort and convenience of the municipality and its inhabitants;
   C.   Enforcing obedience to the ordinances by prosecution in the municipal court and metropolitan courts and upon conviction, the imposition of:
      1.   Except for those violations of ordinances described in subdivisions 2 and 3 of this subsection, a fine of not exceeding five hundred dollars or by imprisonment not more than ninety days or both,
      2.   For a third and every subsequent conviction of 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 or imprisonment for not more than six months or both, and
      3.   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 a day for each violation. (Amended during 1992 codification: prior code § 2-3-1)
1.08.020   Ordaining clause.
   The acting clause of a municipal ordinance shall be: "Be it Ordained by the Governing Body of the City of Lovington." (Prior code § 2-3-2)
1.08.030   Adoption procedure.
   A.   If a majority of all the members of the governing body vote in favor of adopting the ordinance or resolution, it is adopted. The municipal clerk shall record in the minute book the vote of each member of the governing body on each ordinance or resolution.
   B.   Within three days after the adoption of an ordinance or resolution, the mayor shall validate the ordinance or resolution by endorsing "Approved" upon the ordinance or resolution and signing same. (Prior code § 2-3-3)
1.08.040   Publication.
   A.   An ordinance shall be recorded in a book kept for that purpose, shall be authenticated by the signature of the presiding officer of the governing body and the municipal clerk, and shall bear the seal of the city. Notice by publication of the title and subject matter of any ordinance proposed for adoption by the governing body must take place one time at least two weeks prior to the consideration of final action upon the ordinance, except that this section shall not apply to ordinances dealing with an emergency declared by the mayor to be an immediate danger to the public health, safety and welfare of the municipality, or to ordinances the subject matter of which is amending the city zoning map, provided the amendment has been considered by, and recommended to the city commission by the zoning and planning board.
   B.   Copies of a proposed ordinance shall be available to interested persons during normal and regular business hours of the municipal clerk upon request and payment of a reasonable charge beginning with the date of publication and continuing to the date of consideration by the municipality's elected commission. (Amended during 1992 codification: prior code § 2-3-4)
Loading...