A. In the county in which the municipality whose ordinances are alleged to have been violated is located, a law enforcement officer with jurisdiction in that county may serve any municipal court process or make any arrests authorized by law to be made.
B. In counties adjacent to the county in which the municipality whose ordinances are alleged to have been violated is located, a law enforcement officer with jurisdiction in that county may serve any municipal court process or make any arrests authorized by law to be made, except for any service or arrest emanating from parking violations alleged to have occurred in a municipality located in another county.
History: Laws 1884, ch. 39, § 21; C.L. 1884, § 1629; C.L. 1897, § 2409; Code 1915, § 3631; C.S. 1929, § 90-911; 1941 Comp., § 39-204; 1953 Comp., § 38-1-4; 2017, ch. 27, § 1.
The 2017 amendment, effective July 1, 2017, rewrote the language of the section to expand the jurisdiction for municipal courts for issuing bench warrants, except for parking violations; added the catchline; deleted the former language in its entirety, which provided that a constable or sheriff could serve any process or make any arrests authorized to be made by any city or town officer; and added Subsections A and B.
Structure 2021 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 15 - Violations of Municipal Ordinances
Section 35-15-1 - Proceedings to enforce ordinances; plaintiff; appeals.
Section 35-15-2 - Pleading existence of ordinance provisions violated.
Section 35-15-3 - Procedure; commitment.
Section 35-15-4 - Service of process.
Section 35-15-5 - Maximum time for commencing proceeding for enforcement or [of] ordinances.
Section 35-15-6 - Custody of prisoners.
Section 35-15-7 - Appeals; notice of appeals.
Section 35-15-8 - Judgment on appeal; recovery on bond.
Section 35-15-9 - [Municipality to have free process; no costs charged to municipality.]
Section 35-15-10 - Trial de novo without jury.
Section 35-15-11 - Municipality may appeal.
Section 35-15-13 - Fines and forfeitures assessed on appeal; collections go to municipal treasury.