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.
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 — Laws 1989, ch. 378, § 5 repealed 43-2-4 NMSA 1978, as enacted by Laws 1977, ch. 374, § 3, relating to adoption and enforcement of laws by a political subdivision, and enacted a new section,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.
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