- A. No county, municipality or other political subdivision may adopt or enforce a local law, ordinance, resolution or rule having the force of law that includes drinking, being a common drunkard or being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty or a sanction.
- B. No county, municipality or other political subdivision may interpret or apply any law of general application to circumvent he [the] provision of Subsection A of this section.
- C. Nothing in this section affects any law, ordinance, resolution or rule against driving under the influence of alcohol or drugs or other similar offense involving the operation of a vehicle, aircraft, boat, machinery or other equipment or regarding the sale, purchase, dispensing, possessing or use of alcoholic beverages at stated times and places or by a particular class of persons.
History: 1978 Comp., § 43-2-4, enacted by Laws 1989, ch. 378, § 5.
ANNOTATIONS
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Repeals and reenactments. — Laws 1989, ch. 378, § 5 repealed 43-2-4 NMSA 1978, as enacted by Laws 1977, ch. 374, § 3, relating to adoption and enforcement of laws by a political subdivision, and enacted a new section, effective July 1, 1991.