N.M. Stat. § 3-18-17 (2026)

A municipality, including a home rule municipality that has adopted a charter
pursuant to Article 10, Section 6 of the constitution of New Mexico, may by ordinance:

   A. define a nuisance, abate a nuisance and impose penalties upon a person who
creates or allows a nuisance to exist; provided that:
        (1)     the total amount of assessed penalties and fines imposed by an ordinance
for failure to obey a traffic sign or signal, including a red light offense or violation, or for
a speeding offense or violation shall not exceed one hundred dollars ($100), provided
that the total for unlawful parking in a space or for blocking an access intended for
persons with significant mobility limitation shall not be less than or exceed the fines
provided in Section 66-7-352.5 NMSA 1978;

       (2)    no fees or costs shall be imposed pursuant to this subsection;

        (3)    in a municipality with a population of two hundred thousand or greater as
of the last federal decennial census, the penalties, fines and procedures imposed for
failure to obey a traffic sign or signal, including a red light offense or violation, or for a
speeding offense or violation shall be subject to the following:

           (a) each month, or other period set by contract, the municipality shall retain
from the gross total amount of penalties and fines assessed and collected that month or
period an amount subject to audit that is equal to the sum of the setup, maintenance,
support and processing services fees charged to the municipality for that month or
period pursuant to contractual terms by a vendor providing systems and services that
assist the municipality in imposing penalties or fines as provided in Paragraph (1) of this
subsection;

           (b) less the retention authorized in Subparagraph (a) of this paragraph: 1)
one-half of the net total amount assessed and collected by the municipality pursuant to
this section shall be remitted to the state treasurer and distributed to the general fund;
and 2) one-half shall be retained by the municipality for municipal traffic safety programs
and to offset the municipality's reasonable costs directly related to administering a
program as provided in Paragraph (1) of this subsection;

          (c) the municipality shall cause an audit of the program and contract
described in Subparagraph (a) of this paragraph to be conducted by the state auditor or
an independent auditor selected by the state auditor;

           (d) if in the audit conducted pursuant to Subparagraph (c) of this paragraph it
is determined that any amount retained by the municipality pursuant to this paragraph is
in excess of the amount the municipality is authorized to retain, the municipality shall
remit, when the audit is finalized, the amount in excess to the state treasurer to be
distributed and transferred as provided in Item 1) of Subparagraph (b) of this paragraph;
and

            (e) a respondent may select a hearing to contest a nuisance ordinance
offense or violation that shall either be conducted by a hearing officer appointed by the
presiding judge of the civil division of the district court with jurisdiction over the
municipality and in accordance with the rules of evidence and rules of civil procedure for
the district courts or that shall be conducted by a mail-in form alternative. The notice of
violation shall clearly explain the process for requesting a hearing, the hearing options,
the deadline to request a hearing and where the request shall be submitted. The
burden of proof for violations is on the municipality and is a preponderance of the
evidence. A determination by the hearing officer shall not impose a total amount of
penalties or fines in excess of that provided in the nuisance ordinance; and

       (4)    in a municipality other than a municipality with a population of two hundred
thousand or greater as of the last federal decennial census, the penalties, fines and
procedure imposed for failure to obey a traffic sign or signal, including a red light
offense or violation, or for a speeding offense or violation shall be subject to the
following:

           (a) each month, or other period set by contract, the municipality shall retain
from the gross total amount of penalties and fines assessed and collected that month or
period an amount subject to audit that is equal to the sum of the setup, maintenance,
support and processing services fees charged to the municipality for that month or
period pursuant to contractual terms by a vendor providing systems and services that
assist the municipality in imposing penalties or fines as provided in Paragraph (1) of this
subsection;

           (b) less the retention authorized in Subparagraph (a) of this paragraph: 1)
one-half of the net total amount assessed and collected by the municipality pursuant to
this section shall be remitted to the state treasurer and distributed to the general fund;
and 2) one-half shall be retained by the municipality for municipal traffic safety programs
and to offset the municipality's reasonable costs directly related to administering a
program as provided in Paragraph (1) of this subsection;

          (c) the municipality shall cause an audit of the program and contract
described in Subparagraph (a) of this paragraph to be conducted by the state auditor or
an independent auditor selected by the state auditor;

           (d) if in the audit conducted pursuant to Subparagraph (c) of this paragraph it
is determined that any amount retained by the municipality pursuant to this paragraph is
in excess of the amount the municipality is authorized to retain, the municipality shall
remit, when the audit is finalized, the amount in excess to the state treasurer to be
distributed and transferred as provided in Item 1) of Subparagraph (b) of this paragraph;
and

           (e) a hearing provided for a contested nuisance ordinance offense or violation
shall be conducted by a hearing officer appointed by the presiding judge of the civil
division of the district court with jurisdiction over the municipality and in accordance with
the rules of evidence and rules of civil procedure for the district courts. If offered by the
municipality, a respondent may select a hearing conducted by a mail-in form alternative.
The notice of violation shall clearly explain the process for requesting a hearing, the
hearing options, the deadline to request a hearing and where the request shall be
submitted. The burden of proof for violations is on the municipality and is a
preponderance of the evidence. A determination by the hearing officer shall not impose
a total amount of penalties or fines in excess of that provided in the nuisance ordinance;

    B. regulate or prohibit any amusement or practice that tends to annoy persons on a
street or public ground; and

   C. prohibit and suppress:

       (1)  gambling and the use of fraudulent devices or practices for the purpose of
obtaining money or property;

        (2)    the sale, possession or exhibition of obscene or immoral publications,
prints, pictures or illustrations;

         (3)   public intoxication;

         (4)   disorderly conduct; and

         (5)   riots, noises, disturbances or disorderly assemblies in any public or private
place.

History: 1953 Comp., § 14-17-14, enacted by Laws 1965, ch. 300; 2008, ch. 91, § 1;
2009, ch. 121, § 1; 2023, ch. 192, § 1.

                                      ANNOTATIONS

Cross references. — For abatement of a public nuisance, see 30-8-8 NMSA 1978.

For sexually oriented material harmful to minors, see 30-37-2 NMSA 1978.

The 2023 amendment, effective June 16, 2023, eliminated the imposition of fees or
costs pursuant to this section, provided that a respondent may select a hearing
conducted by a mail-in form alternative, and made conforming changes; in Subsection
A, Paragraph A(1), after "penalties and fines", deleted "fees and costs"; added a new
Paragraph A(2) and redesignated former Paragraphs A(2) and A(3) as Paragraphs A(3)
and A(4), respectively; in Paragraph A(3), in the introductory clause, after "fines",
deleted "fees, costs"; in Subparagraph A(3)(a), after "fines", deleted "and costs or fees";
in Subparagraph A(3)(b), after "amount assessed", deleted "in penalties, fines, fees and
costs" and added "and collected", deleted "administrative office of the courts, of which
ten percent shall be credited to DWI drug court programs and ninety percent shall be
transferred to the New Mexico finance authority for deposit into the metropolitan court
bond guarantee fund" and added "general fund", and after "administering a program",
deleted "imposing penalties or fines and costs or fees"; in Subparagraph A(3)(e), added
"a respondent may select", after "shall", added "either", added "or that shall be
conducted by a mail-in form alternative. The notice of violation shall clearly explain the
process for requesting a hearing, the hearing options, the deadline to request a hearing
and where the request shall be submitted", after "The burden of proof for violations",
added "is on the municipality", and after "penalties or fines", deleted "fees or costs"; in
Paragraph A(4), in the introductory clause, after "fines", deleted "fees, costs"; in
Subparagraph A(4)(a), after "penalties and fines", deleted "fees and costs", and after
"penalties or fines", deleted "and costs or fees"; in Subparagraph A(4)(b), after "amount
assessed", deleted "in penalties, fines, fees and costs" and added "and collected", after
"state treasurer", deleted "of which sixty-five percent shall be credited to the court
automation fund, twenty percent to the traffic safety education and enforcement fund
and fifteen percent to the judicial education fund" and added "and distributed to the
general fund", after "one-half", deleted "of the net total amount assessed in penalties,
fines, fees and costs", and after "administering a program", deleted "imposing penalties
or fines and costs or fees"; in Subparagraph A(4)(c), deleted "and the money collected
and distributed pursuant to this paragraph"; and in Subparagraph A(4)(e), added "If
offered by the municipality, a respondent may select a hearing conducted by a mail-in
form alternative. The notice of violation shall clearly explain the process for requesting
a hearing, the hearing options, the deadline to request a hearing and where the request
shall be submitted.", and after "The burden of proof for", deleted "offenses or violations
and defenses" and added "violations is on the municipality and".

The 2009 amendment, effective June 19, 2009, in Subsection A, deleted the former
provision, which limited the penalties and fines that could be imposed by a municipality
with a population of 200,000 or greater; in Subsection A(1), deleted "for each offense or
violation" and added the new language; and after "shall not exceed", added the
remainder of the sentence; added Subsection A(2); in Subsection (2)(b), after
"Subparagraph (a) of this paragraph", added "1) one-half of"; added "penalties" and
after "municipality shall be", added "remitted to the state treasurer and"; after "ten
percent", deleted "the net total amount assessed"; and after "ninety percent", deleted "of
the net total amount assessed"; added Item 2) in Subsection A(2)(b); added
Subsections A(2)(d) and A(2)(e); and added Subsection A(3).

The 2008 amendment, effective July 1, 2008, included within a municipality, a home
rule municipality that has adopted a charter pursuant to Article 10, Section 6 of the
constitution of New Mexico and in Subsection A, added the provision that for a
municipality with a population of 200,000 or greater the fines and costs or fees imposed
for failure to obey a traffic signal shall be subject to Paragraphs (1) and (4) of
Subsection A.

Red light camera ordinance did not deny procedural due process. — Where a
municipal red light camera ordinance provided that vehicle owners charged with a
violation of a red light camera ordinance were entitled to receive notice of the violation
along with detailed information about the basis for the charge; that vehicle owners were
entitled to a hearing before an impartial hearing officer at no cost; that the municipality
had the burden to prove the violation; that the vehicle owner was entitled to hear and
challenge the evidence; that the hearing officer was required to render a decision in
writing; and that the vehicle owner was entitled to appeal the hearing officer’s decision
to district court and to recover costs if the appeal was successful, the ordinance did not
violate the vehicle owner’s right to procedural due process. Titus v. City of Albuquerque,
2011-NMCA-038, 149 N.M. 556, 252 P.3d 780, cert. granted, 2011-NMCERT-005, 150
N.M. 666, 265 P.3d 717.

Imposition of red light camera ordinance penalties. — Section 3-18-17 NMSA 1978
does not restrict a municipality’s authority to impose penalties only upon the driver of a
vehicle observed violating a red light camera ordinance. A municipality may hold
registered owners of vehicles strictly and vicariously liable for violations of the ordinance
for which the owner is unable or unwilling to nominate the actual driver or to prove a
defense or where the owner is unsuccessful in asserting a defense. Titus v. City of
Albuquerque, 2011-NMCA-038, 149 N.M. 556, 252 P.3d 780, cert. granted, 2011-
NMCERT-005, 150 N.M. 666, 265 P.3d 717.

Motor Vehicle Code does not preempt the authority to enact a red light camera
ordinance. — Where a municipal red light camera ordinance did not impose an
affirmative disability or restraint on violators; the civil penalties for violations were purely
monetary and were not criminally punitive; scienter was not necessary to a find a
violation; the ordinance was a nuisance abatement ordinance; the civil penalties were
rationally connected with abating a nuisance; the imposition of the civil penalties was
not excessive in relation to the purpose of the ordinance to abate a nuisance; and the
civil penalties imposed for violations of the ordinance were not sufficiently punitive to
outweigh the civil remedial effect of the ordinance, the ordinance is not a criminal
statute that is preempted by the Motor Vehicle Code. Titus v. City of Albuquerque,
2011-NMCA-038, 149 N.M. 556, 252 P.3d 780, cert. granted, 2011-NMCERT-005, 150
N.M. 666, 265 P.3d 717.

Red light camera ordinance did not deny procedural due process. — Where the
owner of a motor vehicle received notice of two speeding violations and fines pursuant
to a municipality’s red light camera ordinance; the violations were observed by video
detection equipment; at an administrative hearing, the owner did not contest the fact
that the video equipment had observed vehicles registered in the owner’s name
speeding on the dates in question; the owner claimed that the owner was not the driver
of the vehicle and presented evidence that the owner was not in the municipality on the
dates of the violations; the owner did not nominate the actual driver of the vehicle on the
dates of the violations as permitted by the ordinance or claim any of the defense
provided for in the ordinance; and the ordinance provided that the registered owner of a
vehicle observed violating the ordinance was strictly and vicariously liable for the
violation, the imposition of penalties on the owner for violation of the ordinance was
legal and constitutional. Titus v. City of Albuquerque, 2011-NMCA-038, 149 N.M. 556,
252 P.3d 780, cert. granted, 2011-NMCERT-005, 150 N.M. 666, 265 P.3d 717.

Municipality had authority to enact a red light camera ordinance. — Where a
municipality’s determination that red light violations and speeding are public nuisances
was premised on findings that there was a significant risk to health and safety of the
community from drivers who run red lights and exceed posted speed limits; that red light
violations are a matter of unique local concern to the municipality, because of high
traffic volume and crowded intersections; that the municipality had one of the highest
fatality and serious injury rates in the nation from red light violations and disregard by
drivers for existing state red light laws; that red light violations are connected to death
and serious injury to a degree not evident with regard to other traffic violations; that
drivers in the municipality repeatedly violate posted speed limits; that state law against
speeding was inadequate to preserve public safety in the municipality; and that
nationally, red light cameras had decreased red light violations, the municipality’s
findings proved that speeding and red light violations are nuisances per se and the
municipality acted within the scope of its authority under 3-18-17 NMSA 1978 in
enacting the red light camera ordinance and designating speeding and red light
violations nuisances. Titus v. City of Albuquerque, 2011-NMCA-038, 149 N.M. 556, 252
P.3d 780, cert. granted, 2011-NMCERT-005, 150 N.M. 666, 265 P.3d 717.

Residential picketing. — An ordinance declaring residential picketing a nuisance even
though such acts violate only private rights and produce damages to but one or a few
persons constitutes a valid exercise of governmental power. Garcia v. Gray, 507 F. 2d
539 (10th Cir. 1974), cert. denied, 421 U.S. 971, 95 S. Ct. 1967, 44 L.Ed. 2d 462
(1975).

Loitering on school grounds. — To interpret a city ordinance prohibiting loitering on
school grounds without lawful business there as saying that no one had the right to be
on school property without permission would raise serious constitutional questions,
where the ordinance did not state that permission to be on school grounds was
required. Anderson v. Shaver, 290 F. Supp. 920 (D.N.M. 1968).

Solicitors. — The frequent ringing of doorbells of private residences by itinerant
vendors and solicitors may be in fact a nuisance to the occupants of homes, or may be
so considered by the municipality in one locality. Green v. Town of Gallup, 1941-NMSC-
050, 46 N.M. 71, 120 P.2d 619.

Sunday dances. — The intention of the legislature is clear in that cities and towns have
the authority to license, regulate and prohibit the giving or holding of dances on Sunday.
1954 Op. Att'y Gen. No. 54-5937 (issued under prior law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gambling §§ 13 to 22;
53A Am. Jur. 2d Mobs and Riots §§ 1 to 3, 6, 7, 16, 17; 58 Am. Jur. 2d Nuisances §§ 1,
50 to 53, 425.

Liability of municipality for damages or compensation for abating as a nuisance what is
not in fact such, 46 A.L.R. 362.

Presentation of claim for injury to property by nuisance, necessity of, 52 A.L.R. 639.

Extension of police power of municipal corporation beyond territorial limits, 55 A.L.R.
1182, 14 A.L.R.2d 103.
Venue of suit to enjoin nuisance, 7 A.L.R.2d 481.

Public regulation and prohibition of sound amplifiers or loudspeaker broadcasts in
streets or other public places, 10 A.L.R.2d 627.

Phonograph, loudspeaker or other mechanical or electrical device for broadcasting
music, advertising or sales talk from business premises, as nuisance, 23 A.L.R.2d 1289.

Disorderly conduct, failure or refusal to obey police officer's order to move on as, 65
A.L.R.2d 1152.

Coin-operated pinball machines or similar devices, police powers authorizing
antigambling laws applicable to, 89 A.L.R.2d 815.

Obscenity, modern concept of, 5 A.L.R.3d 1158.

Obscenity, validity of procedures designed to protect the public against, 5 A.L.R.3d
1214, 93 A.L.R.3d 297.

Gambling devices, constitutionality of statutes providing for destruction of, 14 A.L.R.3d
366.

Validity and construction of statutes or ordinances prohibiting profanity or profane
swearing or cursing, 5 A.L.R.4th 956.

Validity of statutes or ordinances requiring sex-oriented businesses to obtain operating
licenses, 8 A.L.R.4th 130.

Validity, construction, and application of statutes or ordinances involved in prosecutions
for transmission of wagers or wagering information related to bookmaking, 53 A.L.R.4th
801.

Validity of statute or ordinance prohibiting or regulating bookmaking or pool selling, 80
A.L.R.4th 1079.

Validity of ordinances restricting location of "adult entertainment" or sex-oriented
businesses, 10 A.L.R.5th 538.

Obscenity prosecutions: statutory exemption based on dissemination to persons or
entities having scientific, educational, or similar justification for possession of such
materials, 13 A.L.R.5th 567.

Validity, construction, and application of loitering statutes and ordinances, 72 A.L.R.5th
1.