N.M. Stat. § 3-17-5
Proof of ordinance; authentication; publication; effective
date; codification.
A. An ordinance shall be recorded in a book kept for that purpose, shall be
authenticated by the signature of the presiding officer of the governing body and the
municipal clerk and shall bear the seal of the municipality. The ordinance shall be
published one time either in its entirety or by title and a general summary of the subject
matter contained in the ordinance, whichever the governing body elects to do.
B. An ordinance shall not become effective until five days after it has been
published, unless otherwise provided by law.
C. If the ordinances of the municipality are codified or codified and revised, it is not
necessary to publish the entire codification or codification and revision. An ordinance,
referring to the codification or codification and revision by title only and specifying one
place in the municipality where the codification or codification and revision may be
inspected during the normal and regular business hours of the municipal clerk, may be
published instead of the codification or codification and revision.
D. Any court shall accept the following as prima facie evidence that an ordinance
has been published:
(1)
the book in which the ordinances of the municipality are recorded;
(2)
any copy of an ordinance certified by the municipal clerk or his duly
authorized deputy;
(3)
any ordinance published in book or pamphlet form under the authority of
the municipality; or
(4)
any codification of ordinances prepared under the authority of the
municipality. It is sufficient defense to any suit or prosecution to show that no publication
was made.