Chapter 1.10
LEGISLATION
Sections:
1.10.020 Ordinances – Amendments – Requirements – Style – Format – Record.
1.10.030 Ordinances – Purposes – Enforcing obedience.
1.10.040 Notice by publication of certain proposed ordinances – Exceptions – Notice.
1.10.050 Ordinances – Resolutions – Roll call vote – Adoption.
1.10.070 Resolutions – Purpose – Format.
1.10.080 Codes adopted and enforced by reference – Availability.
1.10.010 Title.
This chapter may be cited as the “legislation ordinance.” [Prior code § 2-4-1]
1.10.020 Ordinances – Amendments – Requirements – Style – Format – Record.
A. All laws of the municipality and amendments thereto shall be enacted by the passage of ordinances.
B. Ordinances shall:
1. Contain the enacting clause “Be it ordained by the Board of Trustees of the Town of Mesilla”;
2. Be numbered consecutively and bear a title which sets forth in general terms the subject matter;
3. Bear the date, signatures of the mayor and attesting officer and seal of the town; and
4. Be kept in a permanent log book. [Ord. 2003-11 § 2; prior code § 2-4-2]
1.10.030 Ordinances – Purposes – Enforcing obedience.
The board of trustees may adopt ordinances not inconsistent with the laws of New Mexico for the purpose of:
A. Amending this code;
B. Effecting or discharging the powers and duties conferred by law upon the municipality;
C. Providing for the safety, preserving the health, promoting the prosperity, improving the morals, order, comfort and convenience of the municipality and its inhabitants; and
D. Enforcing obedience to the ordinances by imposing fines not exceeding $300.00, or by imprisonment not exceeding 90 days by suit or prosecution before the municipal judge of the municipality, or by both such fine and imprisonment. [Prior code § 2-4-3]
1.10.040 Notice by publication of certain proposed ordinances – Exceptions – Notice.
A. Notice by publication of the title and subject matter of any ordinance proposed for adoption by the board of trustees must take place at least two weeks prior to consideration of final action upon the ordinance in open session of the board of trustees 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 a city zoning map; provided, the amendment to such zoning map has been considered by, and recommended to, the board of trustees by a planning commission with jurisdiction in the matter. It is sufficient defense to any suit or prosecution to show that no notice by publication was made.
B. Notice of the proposed ordinance shall be published one time as a legal advertisement in a newspaper of general circulation in the municipality.
C. Copies of a proposed ordinance shall be available to interested persons during normal and regular business hours of the town clerk-treasurer upon request and payment of a reasonable charge beginning with the date of publication and continuing to the date of consideration by the board of trustees. [Prior code § 2-4-4]
1.10.050 Ordinances – Resolutions – Roll call vote – Adoption.
A. If a majority of all the board of trustees vote in favor of adopting the ordinance or resolution, it is adopted. The town clerk-treasurer shall record in the minutes book the vote of each member of the board of trustees 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 the ordinance or resolution. [Prior code § 2-4-5]
1.10.060 Proof of ordinance – Authentication – Publication – Effective date – Codification – Defense of suit or prosecution.
A. An ordinance shall be recorded in a book kept for that purpose, shall be authenticated by the signature of the mayor and the town clerk-treasurer and shall bear the seal of the municipality. The ordinance shall be published one time either in its entirety or by title and a general summary of the subject matter contained in the ordinance, whichever the board of trustees elects to do.
B. An ordinance shall not become effective until five days after it has been published, unless otherwise provided by law.
C. If the ordinances of the municipality are codified or codified and revised, it is not necessary to publish the entire codification or codification and revision. An ordinance, referring to the codification or codification and revision by title only and specifying one place in the municipality where the codification or codification and revision may be inspected during the normal and regular business hours of the town clerk-treasurer, may be published instead of the codification or codification and revision.
D. The following shall serve as prima facie evidence that an ordinance has been published:
1. The book in which the ordinances of the municipality are recorded;
2. Any copy of an ordinance certified by the town clerk-treasurer or her/his duly authorized deputy;
3. Any ordinance published in book or pamphlet form under the authority of the municipality; or
4. Any codification of ordinances prepared under the authority of the municipality. [Prior code § 2-4-6]
1.10.070 Resolutions – Purpose – Format.
A. Resolutions may be used when the board of trustees wishes to express an agreement of opinion concerning some matter of administration which comes within its official cognizance, and wants to provide for the disposition of that particular administrative business. There is no substantial difference between a resolution and formal minute action, and either may be used at the board of trustees’ discretion except as otherwise provided by law.
B. Resolutions shall:
1. Bear the name of the sponsor(s);
2. Be numbered consecutively giving first the calendar year;
3. Bear a title which shall set forth in general terms its subject matter;
4. Contain a resolving clause;
5. Bear the date, signature of the mayor and attesting officer, and seal of the town; and
6. Be kept in a permanent log book in which the original of each resolution considered, whether or not adopted, shall be kept. [Prior code § 2-4-7]
1.10.080 Codes adopted and enforced by reference – Availability.
A. The board of trustees may adopt by ordinance the conditions, provisions, limitations and terms of an:
1. Administrative code;
2. Air pollution code;
3. Building code;
4. Elevator code;
5. Electrical code;
6. Fire prevention code;
7. Health code;
8. Housing code;
9. Plumbing code;
10. Traffic code; or
11. Any other 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. Any code so adopted shall provide for minimum requirements at least equal to the state requirements on the same subject.
B. An ordinance adopting any such code need only refer to the proper title and date of the code, without setting forth the code’s condition, provisions, limitations and terms, and may include any exception or deletion to the code by setting forth the exception or deletion to 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 town clerk-treasurer. A copy of the code shall be available upon request and payment of a reasonable charge. [Prior code § 2-4-8]