Nuisances

NMSA 1978 ch. 30, art. 8

in effect

NMSA 1978, § 30-8-1 Public nuisance

30-8-1. Public nuisance A public nuisance consists of knowingly creating, performing or maintaining anything affecting any number of citizens without lawful authority which is either: A. injurious to public health, safety, morals or welfare; or B. interferes with the exercise and enjoyment of public rights, including the right to use public property. Whoever commits a public nuisance for which the act or penalty is not otherwise prescribed by law is guilty of a petty misdemeanor. 1953 Comp., § 40A-8-1, enacted by Laws 1963, ch. 303, § 8-1.

NMSA 1978, § 30-8-2 Polluting water

30-8-2. Polluting water Polluting water consists of knowingly and unlawfully introducing any object or substance into any body of public water causing it to be offensive or dangerous for human or animal consumption or use. Polluting water constitutes a public nuisance. For the purpose of this section, "body of water" means any public river or its tributary, stream, lake, pond, reservoir, acequia, canal, ditch, spring, well or declared or known ground waters. Whoever commits polluting water for which the act or penalty is not otherwise prescribed by law is guilty of a misdemeanor. 1953 Comp., § 40A-8-2, enacted by Laws 1963, ch. 303, § 8-2; 1993, ch. 291, § 19.

NMSA 1978, § 30-8-3 Refuse defined

30-8-3. Refuse defined Refuse means any article or substance: A. which is commonly discarded as waste; or B. which, if discarded on the ground, will create or contribute to an unsanitary, offensive or unsightly condition. Refuse includes, but is not limited to, the following items or classes of items: waste food; waste paper and paper products; cans, bottles or other containers; junked household furnishings and equipment; junked parts or bodies of automobiles and other metallic junk or scrap; portions or carcasses of dead animals; and collections of ashes, dirt, yard trimmings or other rubbish. 1953 Comp., § 40A-8-3, enacted by Laws 1963, ch. 303, § 8-3.

NMSA 1978, § 30-8-4 Littering

30-8-4. Littering A. Littering consists of discarding refuse: (1) on public property in any manner other than by placing the refuse in a receptacle provided for the purpose by the responsible governmental authorities or otherwise in accordance with lawful direction; or (2) on private property not owned or lawfully occupied or controlled by the person, except with the consent of its owner, lessee or occupant. B. Whoever commits littering is guilty of a petty misdemeanor and, notwithstanding the provisions of Section 31-19-1 NMSA 1978, shall be punished by a fine of fifty dollars ($50.00). The use of uniform traffic citations is authorized for the enforcement of this section. The court may to the extent permitted by law, as a condition to suspension of any other penalty provided by law, require a person who commits littering to pick up and remove from any public place or any private property, with prior permission of the legal owner, any litter deposited thereon. 1953 Comp., § 40A-8-4, enacted by Laws 1963, ch. 303, § 8-4; 1975, ch. 199, § 1; 1977, ch. 79, § 1; 1981, ch. 256, § 1; 2018, ch. 74, § 5.

NMSA 1978, § 30-8-5 Enforcement

30-8-5. Enforcement The state game commission [state wildlife commission] may designate trained employees of the commission vested with police powers to enforce the provisions of Section 30-8-4 NMSA 1978. In addition, members of the state police, county sheriffs and their deputies, police officers and those employees of the state park and recreation commission [state parks division of the energy, minerals, and natural resources department] vested with police powers shall enforce the provisions of that section. 1953 Comp., § 40A-8-4.1, enacted by Laws 1975, ch. 199, § 2.

NMSA 1978, § 30-8-6 Posting; notice to public

30-8-6. Posting; notice to public The state highway department [department of transportation] and the state park and recreation commission [state parks division of the natural resources department] shall post in areas under their control pertinent portions of Section 30-8-4 NMSA 1978 and pleas for the public to take their refuse with them and to dispose of it properly. 1953 Comp., § 40A-8-4.2, enacted by Laws 1975, ch. 199, § 3.

NMSA 1978, § 30-8-7 Public education

30-8-7. Public education The state game commission [state wildlife commission], the state highway department [department of transportation], the state park and recreation commission [state parks division of the natural resources department] and the environmental improvement agency [department of environment] are encouraged to institute public education programs through the news media in order to inform the public of the litter problem in New Mexico and of individual efforts that can be made to assist in the abatement of the problem. In addition, these agencies are authorized to work with industry organizations in a joint antilitter [anti-litter] campaign so that additional effect may be given to the antilitter [anti-litter] effort in New Mexico. 1953 Comp., § 40A-8-4.3, enacted by Laws 1975, ch. 199, § 4.

NMSA 1978, § 30-8-8 Abatement of a public nuisance

30-8-8. Abatement of a public nuisance A. Except as herein provided, an action for the abatement of a public nuisance shall be governed by the general rules of civil procedure. B. A civil action to abate a public nuisance may be brought, by verified complaint in the name of the state without cost, by any public officer or private citizen, in the district court of the county where the public nuisance exists, against any person, corporation or association of persons who shall create, perform or maintain a public nuisance. C. When judgment is against the defendant in an action to abate a public nuisance, he shall be adjudged to pay all court costs and a reasonable fee for the complainant's attorney, when the suit is not prosecuted exclusively by the attorney general or a district attorney. 1953 Comp., § 40A-8-5, enacted by Laws 1963, ch. 303, § 8-5.

NMSA 1978, § 30-8-8.1 Abatement of house of prostitution

30-8-8.1. Abatement of house of prostitution A. When the public nuisance sought to be abated under the provisions of Section 30-8-8 NMSA 1978 is a house of prostitution, as defined in Section 30-9-8 NMSA 1978, in addition to injunctive relief, the remedies and presumptions provided in this section apply. B. For the purposes of this section and Section 30-8-8 NMSA 1978, two or more convictions of any person or persons occurring at least one week apart within a period of one year for violation of either Section 30-9-2 or 30-9-3 NMSA 1978 arising out of conduct engaged in at the place described in an abatement action creates a presumption that the place is a house of prostitution. However, this presumption shall not arise unless the person against whom the abatement action is brought is shown to have had actual knowledge or to have received written notice from law enforcement officials of the convictions upon which the presumption is based. The knowledge must have been acquired or the notice given no more than thirty days after the date of the convictions. For the purpose of this section the "date of the convictions" is the date upon which a plea of guilty or nolo contendere or a judgment of guilty entered in the case charging the crime is final and unappealable. C. If, in an abatement action brought under Section 30-8-8 NMSA 1978, a binding admission is made by the defendant or the court concludes that a house of prostitution exists at the location alleged, the court may, as part of its judgment: (1) direct the removal from the house of prostitution all movable personal property used in conducting the house of prostitution and shall direct the sale of that property in the same manner as personal property is sold when seized under a writ of execution; and (2) order the closing of the house of prostitution for a period of one year and prohibit any person entering it except under conditions specified in the order. D. If a judgement entered under the provisions of Subsection C of this section includes the provisions of Paragraph (2) of that subsection, the court shall include in its judgment a provision for permitting the owner of the premises ordered closed to take possession of them if he files a bond with sureties to be approved by the court in an amount equal to the full value of the property conditioned upon his promise to abate the nuisance immediately and prevent the reoccurrence of the nuisance for one year thereafter. Laws 1989, ch. 114, § 1.

NMSA 1978, § 30-8-9 Abandonment of dangerous containers

30-8-9. Abandonment of dangerous containers Abandonment of dangerous containers consists of any person: A. abandoning, discarding or keeping in any place accessible to children, any refrigerator, icebox, freezer, airtight container, cabinet or similar container, of a capacity of one and one-half cubic feet or more, which is no longer in use, without having the attached doors, hinges, lids or latches removed or without sealing the doors or other entrances so as to make it impossible for anyone to be imprisoned therein; or B. who, being the owner, lessee or manager of any premises, knowingly permits any abandoned or discarded refrigerator, icebox, freezer, airtight container, cabinet or similar container of a capacity of one and one-half cubic feet or more, and which remains upon such premises in a condition whereby a child may be imprisoned therein. Whoever commits abandonment of dangerous containers is guilty of a petty misdemeanor. 1953 Comp., § 40A-8-6, enacted by Laws 1963, ch. 303, § 8-6.

NMSA 1978, § 30-8-11 Illegal prescribing of medicine

30-8-11. Illegal prescribing of medicine Illegal prescribing of medicine consists of any physician or other person, while under the influence of any alcoholic beverage or narcotic, prescribing or compounding for any other person, any poison, drug or medicine. Whoever commits illegal prescribing of medicine while under the influence of any alcoholic beverage or narcotic is guilty of a misdemeanor. 1953 Comp., § 40A-8-8, enacted by Laws 1963, ch. 303, § 8-8.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18530/index.doFetched: 10/20/2026