N.M. Stat. § 3-48-3 (2026)

A. A municipality may, by ordinance, provide for the collection and disposal of
refuse by:

       (1)    the municipality;

       (2)    contract; or

       (3)    any other manner deemed suitable by the municipality.

   B. A municipality may appoint or contract with a refuse collector and prescribe the
duties and compensation of a refuse collector.

    C. A municipality may require each person owning or controlling real property to pay
a reasonable fee for the collection and disposal of refuse and shall determine if the
municipality or the refuse collector shall collect the fee for the collection and disposal of
refuse. The refuse collection fee shall only be charged against real property that is
occupied or has been previously occupied.

    D. A municipality providing for the collection of refuse may require any person
owning or controlling real property to pay the refuse collection fee whether or not the
refuse collection service is used by the person owning or controlling real property.
   E. A municipality providing for the collection and disposal of yard waste may require
any person owning or controlling real property to pay a yard waste collection and
disposal fee.

History: 1953 Comp., § 14-49-3, enacted by Laws 1965, ch. 300; 2003, ch. 230, § 2.

                                    ANNOTATIONS

The 2003 amendment, effective June 20, 2003, deleted "impose a" in the section
heading; inserted "refuse collection" preceding "fee shall only" in Subsection C; and
added Subsection E.

No deprivation of property without due process. — Property owner was not
deprived of his property without due process by being required to pay the assessments.
He received benefits in the collection and disposal of garbage from other premises in
the community. The problem involved being a health problem, its solution bound
defendant as well as other members of the community. City of Hobbs v. Chesport, Ltd.,
1966-NMSC-158, 76 N.M. 609, 417 P.2d 210.

Collection of fee. — The section does not make collection of the garbage assessment
dependent on the actual removal of garbage from the premises. The sum is to be
collected from every person. City of Hobbs v. Chesport, Ltd., 1966-NMSC-158, 76 N.M.
609, 417 P.2d 210.

Purpose of garbage fee. — The sum to be collected under this section is to "defray the
expenses of such garbage collection and disposal." City of Hobbs v. Chesport, Ltd.,
1966-NMSC-158, 76 N.M. 609, 417 P.2d 210 (decided under prior law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Garbage or rubbish, liability for act of
employee engaged in removing, 14 A.L.R. 1473, 32 A.L.R. 988, 52 A.L.R. 187, 60
A.L.R. 101, 156 A.L.R. 692, 714.