Chapter 3 — Chapter 3

1, 2028.) A. Every proprietor of a tourist accommodation in a municipality imposing a hospitality fee shall collect the hospitality fee on behalf of the municipality and shall act as a trustee of the fee revenues. The fee shall be collected from proprietors in accordance with the…

The governing body of a municipality imposing a hospitality fee shall: A. furnish to any municipal advisory board dealing with occupancy, lodging or accommodation taxes or fees information on that portion of a proposed budget report or audit filed or received by the governing bod…

The ordinance imposing a hospitality fee and, as applicable, any ordinance amending the fee, shall: A. set out the procedures for licensing a proprietor and for suspending or revoking a license or refusing to license a proprietor after the governing body of the municipality has g…

effective July 1, 2028.) A. A proprietor is liable for the payment of any amount of the hospitality fee proceeds the proprietor has failed to remit to the municipality. B. A municipality shall provide by ordinance for a civil penalty for failure to remit the hospitality fee due i…

(Repealed effective July 1, 2028.) A. The hospitality fee imposed by a municipality constitutes a lien in favor of that municipality upon the personal and real property of the proprietor providing tourist accommodations in that municipality. The lien may be enforced as provided i…

A. An action to enforce the Hospitality Fee Act may be brought by: (1) the attorney general or the district attorney in the county of jurisdiction; or (2) a proprietor of a tourist accommodation who is collecting the proceeds of a hospitality fee in the county of jurisdiction. B.…

Sections 3-39-1 through 3-39-15 NMSA 1978 may be cited as the "Municipal Airport Law." History: 1953 Comp., § 14-40-1, enacted by Laws 1965, ch. 300.

A. Bonds may be sold at public or private sale at, above or below par and at a price which results in a net effective interest rate which does not exceed the maximum permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978] or, in the case of municipalities having a pop…

The Municipal Airport Law is full authority for authorization and issuance of bonds and no election is necessary. In any proceeding involving the validity and enforceability of any bond or its security, any bond reciting in substance that it was issued by the municipality to aid …

To further the marketability of bonds issued pursuant to the Municipal Airport Law, the ordinance authorizing their issue may: A. secure their payment by deed of trust or mortgage conveying municipally owned land and improvements acquired for the airport facility from the proceed…

If the interest or any serial maturity of any bond is in default, any obligee may foreclose against the municipality under the same procedure provided for foreclosure of real estate mortgages. The district court may appoint a receiver to operate the airport facility in default. H…

Bonds are legal investments for savings banks and insurance companies under the laws of this state. They are bonds, notes or other obligations of a municipal subdivision of this state, issued pursuant to a law of this state, for the purposes of investment or purchase by the state…

Bonds and their income and all mortgages or other instruments executed as security for them are exempt from all taxation by this state or any of its political subdivisions. History: 1953 Comp., § 14-40-13, enacted by Laws 1965, ch. 300.

Sections 3-39-16 through 3-39-26 NMSA 1978, may be cited as the "Municipal Airport Zoning Law." History: 1953 Comp., § 14-40-14, enacted by Laws 1965, ch. 300.

As used in the Municipal Airport Zoning Law [3-39-16 to 3-39-26 NMSA 1978], unless the context otherwise requires: A. "airport" means any area of land or water designated for the landing and taking- off of aircraft and utilized or to be utilized by the public as a point of arriva…

It is hereby found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking- off and maneuv…

The legislative body is hereby empowered to formulate and adopt, and from time to time as may be necessary, revise an airport approach plan for any publicly owned airport within its corporate or political limits. Each such plan shall indicate the hazards, the area within which me…

The purpose of the Municipal Airport Law is to enable municipalities to acquire and operate municipal airport facilities for the convenience of the public, to promote aviation facilities of all types and to promote the economy of the area by making air transportation available. H…

A. Every municipality and county or other political subdivision having within its territorial limits an area within which, according to an airport approach plan adopted by the legislative body, measures should be taken for the protection of airport approaches, shall adopt, admini…

A. When advisable to facilitate the enforcement of the Municipal Airport Zoning Law [3-39-16 to 3-39-26 NMSA 1978], a system may be established for granting permits to establish or construct new structures and other uses. In any event, before any nonconforming structure may be re…

A. No airport zoning regulations shall be adopted, amended or changed under the Municipal Airport Zoning Law [3-39-16 to 3-39-26 NMSA 1978] except by action of the legislative body of the political subdivision in question, after a public hearing in relation thereto, at which part…

A. Any person aggrieved by a decision of the board of appeals, any taxpayer or any officer, department, board or bureau of the political subdivision may file an appeal pursuant to the provisions of Section 39-3-1.1 NMSA 1978. B. Costs shall not be allowed against the board of app…

Each violation of the Municipal Airport Zoning Law [3-39-16 to 3-39-26 NMSA 1978] or of any regulations, order or ruling promulgated or made pursuant to this act, shall constitute a misdemeanor and shall be punishable by a fine of not more than one hundred dollars ($100) or impri…

Any county, municipality or political subdivision which is authorized by law to establish and maintain an airport or landing field, hereby is authorized and empowered whenever, in the judgment of the legislative body of such county, municipality or other political subdivision, an…

In any case in which: A. it is desired to remove, lower or otherwise terminate a nonconforming use; or B. the approach protection necessary according to the legislative body's airport approach plan cannot, because of constitutional limitations, be provided by airport zoning regul…

Subject to the limitation and in accordance with Article 9 of the constitution of New Mexico, any municipality may issue and dispose of negotiable bonds thereof, for the purposes of securing funds for the acquisition or construction of an airport or any part of an airport and the…

As used in the Municipal Airport Law: A. "bond" means any bond, note, temporary bond, interim certificate, negotiable instrument or any other evidence of indebtedness issued under the Municipal Airport Law; B. "obligee" means any bondholder, trustee for any bondholders or lessor …

The governing body of any municipality may: A. acquire by purchase, lease, gift or otherwise, and may establish, construct, improve, maintain and operate an airport or any airport facility either inside or outside the limits of the municipality; B. insure or provide for insurance…

All municipal airport facilities are subject to planning and zoning laws, ordinances and regulations applicable to the area in which the airport facility is located. History: 1953 Comp., § 14-40-5, enacted by Laws 1965, ch. 300.

A. Any municipality may issue bonds for: (1) the purpose of preparing, acquiring, constructing or improving airport facilities; (2) the purpose of refinancing, refunding and paying any bonds or obligations payable from any revenues of any municipal airport facility as provided in…

A. Any bonds issued by any municipality and payable from any revenues of any airport facility may be refunded in the name of the municipality issuing the bonds being refunded, by the issuance of bonds to refund, pay and discharge all or any part of the outstanding bonds, includin…

Any law which authorizes the pledge of any or all of the net income and revenues to the payment of any bonds issued pursuant to the Municipal Airport Law or which affects any of the net income or revenues pledged to such bonds, or any law supplemental thereto or otherwise apperta…

A. The ordinance authorizing issuance of bonds pursuant to the Municipal Airport Law shall specify: (1) issuance in any number of series; (2) any maturity date or dates, but the final maturity date shall not exceed fifty years from the date of the bonds; (3) the interest rate or …

A. Subject to the provisions of law relating to the maintaining of cemeteries, a municipality may establish, maintain and regulate a municipal cemetery and may acquire within the planning and platting jurisdiction of the municipality, or condemn within the municipality in the man…

qualifications. A. A municipality may create by ordinance a "cemetery board" to care for, manage and control a municipal cemetery. The cemetery board shall: (1) be known as the "cemetery board of ........."; (2) consist of five members; and (3) be appointed by the mayor with the …

The governing body of a municipality may remove a member of the cemetery board for cause and shall fill any vacancy on the cemetery board that may occur. History: 1953 Comp., § 14-41-3, enacted by Laws 1965, ch. 300.

The municipal clerk shall serve as clerk and treasurer of the cemetery board without additional compensation. History: 1953 Comp., § 14-41-4, enacted by Laws 1965, ch. 300.

The cemetery board shall: A. take charge of the cemetery belonging to the municipality; B. have the management of the cemetery; C. recommend rules and regulations for the operation, management, care and custody of the cemetery; D. employ a sexton and other employees necessary for…

Upon the recommendation of the cemetery board or on its own discretion, the governing body of a municipality may provide, by ordinance, penalties for the violation of the rules and regulations of the cemetery board. History: 1953 Comp., § 14-41-7, enacted by Laws 1965, ch. 300.

A. Subject to the approval of the governing body of the municipality, a cemetery board may accept any cemetery within or adjacent to the municipality used as a burial place by the inhabitants of the municipality from any person, corporation or organization owning, controlling or …

The municipality in disposing of a burial lot may execute a deed conveying title to a purchaser. The deed is to be executed by the mayor and attested to by the clerk and bear the seal of the municipality. History: 1953 Comp., § 14-41-9, enacted by Laws 1973, ch. 395, § 7.

A. Except as provided in Subsection B of Section 3-40-7 NMSA 1978, a municipality shall not acquire or condemn a cemetery or part of a cemetery unless a detailed audit listing all the assets and liabilities of the cemetery is prepared by a certified public accountant and submitte…

A. For the purpose of protecting its inhabitants from damage by flood waters, a municipality may construct and maintain within or without the municipality: (1) dikes; (2) dams; (3) embankments; (4) ditches; (5) storm sewers; (6) structures; or (7) excavations necessary to prevent…

issue may supplement; levy. A. A municipality may levy a tax upon all property subject to property taxation within the municipality for such length of time as is necessary to accomplish the purpose authorized in Sections 3-41-1 and 3-41-3 NMSA 1978. The rate of the tax authorized…

A. A municipality may acquire by condemnation land, easements and right-of-way within or without the municipality for any construction as authorized in Section 3-41-1 NMSA 1978, or the removal of any obstruction in a stream. B. The proceedings for condemnation shall be as authori…

A. An employee or representative of a municipality has free and unobstructed ingress and egress on any land or premise if such ingress or egress is necessary to carry out the provisions of Sections 3-41-1 through 3-41-5 NMSA 1978, and is not liable for damages because of such ent…

A municipality may cooperate with: A. any other municipality; B. any county or any flood control authority; C. the state of New Mexico; or D. any agency of the United States, in carrying out the objectives of Sections 3-41-1 through 3-41-5 NMSA 1978. History: 1953 Comp., § 14-42-…

A. A municipality may grant, by ordinance, a franchise to any person, firm or corporation for the construction and operation of any public utility. B. No franchise ordinance shall become effective until at least thirty days after its adoption, during which time the franchise ordi…

way granted by county commissioners. A. If previous to the incorporation of a municipality, the board of county commissioners has granted to any person right-of-way over, upon, in and about the streets of the municipality for the erection, construction, maintenance or operation o…

History: 1953 Comp., § 14-44-1, enacted by Laws 1965, ch. 300; repealed by Laws 2017, ch. 87, § 31.