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§ 3-48-2 NMSA 1978

Authority to regulate refuse

Applied in 1 court decision — leading case 601 F. Supp. 1518 - Seay Bros., Inc. v. City of Albuquerque (1985)

Most recently applied in 601 F. Supp. 1518 - Seay Bros., Inc. v. City of Albuquerque (February 1985)

1953 Comp., § 14-49-2, enacted by Laws 1965, ch. 300.

A municipality may, by ordinance:

A. acquire and maintain refuse disposal areas or plants within or without the municipal boundary;

B. enforce a general system of refuse collection and disposal;

C. prohibit the deposit of refuse on either public or private property;

D. compel the taking of refuse to designated places;

E. specify the kind, size and material of a refuse receptacle;

F. provide for the destruction of refuse or its use for a beneficial purpose; and

G. require any person owning or controlling any occupied real property to:

(1) provide and maintain suitable refuse receptacles;

(2) deposit all refuse in the receptacles; and

(3) place a receptacle in a place convenient for removal.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.