In all actions brought to enforce any ordinance, it shall be sufficient to state in the complaint or affidavit the number of the section and title of the ordinance violated without stating said section or ordinance in full or the substance thereof.
History: Laws 1884, ch. 39, § 104; C.L. 1884, § 1712; C.L. 1897, § 2517; Code 1915, § 3629; C.S. 1929, § 90-909; 1941 Comp., § 39-202; 1953 Comp., § 38-1-2; Laws 1959, ch. 169, § 2; 1975, ch. 87, § 1.
Complaint sufficient. — Complaint charging that defendant "did willfully and unlawfully commit the offense of selling intoxicating liquor to wit: whiskey, etc." was sufficient although it did not state it was sold for beverage purposes. City of Clovis v. Dendy, 1931-NMSC-007, 35 N.M. 347, 297 P. 141.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pleading § 9 et seq.
62 C.J.S. Municipal Corporations §§ 329, 333.
Structure 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.