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)
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)
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)
The municipality may adopt by ordinance the conditions, provisions, limitations and terms of any code not in conflict with the laws of New Mexico or valid regulations issued by any board or agency of New Mexico authorized to issue regulations. An ordinance adopting any such code need only refer the proper title and date of the code. The ordinance shall further specify at least one place within the municipality where the code, so adopted, is available for inspection during the normal and regular business hours of the municipal clerk. A copy of the code shall be available upon request and payment of a reasonable fee. (Prior code § 2-3-6)
Resolutions shall be used in every case where an ordinance is not required and shall be appropriate in the following instances:
A. Entering into a contract;
B. Directives of the governing body;
C. Adoption of a policy concerning employees, utility services or equipment;
D. Granting of a right or privilege to any person when a contract is not required;
E. Changes in the zoning map of the city;
F. Changes of the fire districts of the city;
G. Changes of the master plan of the city;
H. Authorizing the issuance of bonds;
I. In every other case where it is deemed in the public interest that a full and permanent record be made and kept of the action of the governing body. Resolutions shall be numbered consecutively and shall bear a title which shall set forth the general terms of its subject matter; shall contain a resolving clause; and shall bear the date, signature of the mayor and attesting officer, and the seal of the city. The city clerk shall keep a permanent log book in which the original of each resolution considered, whether or not adopted, shall be kept.
(Prior code § 2-3-7)