P.R. Laws tit. 21, § 4053
(a) Municipal penal legislation.— The municipality shall be empowered to approve and enforce ordinances containing penalties for violations thereof with penalties not greater than one thousand dollars ($1,000) or penalties of home detention, community services or imprisonment up to a maximum of ninety (90) days, at the discretion of the court. Every sanction shall take into consideration the general principles of the penalties established in the new Commonwealth of Puerto Rico Penal Code of the 2004, §§ 4629 et seq. of Title 33. Every municipality, at the time of imposing a fine through an ordinance, resolution or regulations shall evaluate the proportion between the severity of the violation committed and the fine to be imposed.
The Court of First Instance shall have jurisdiction to hear and resolve any violation of municipal penal ordinances. Notwithstanding what has been provided above, infractions of municipal ordinances which regulate the flow, parking and traffic of motor vehicles shall be penalized pursuant to the administrative fine procedure established in §§ 5001 et seq. of Title 9, known as the “Vehicle and Traffic Law of Puerto Rico”.
It is determined, however, that with regard to municipal ordinances related to parking violations in areas covered by parking meters, such violations can be sanctioned according to what the municipal ordinance establishes. Puerto Rican municipalities are authorized to issue regulations establishing the system for compliance with parking in areas covered by parking meters, as well as to designate the public or private entities who will function as agents, enforcing the ordinances by issuing administrative violation tickets. The regulations shall establish the procedure for requesting the review of administrative violations imposed according to the ordinances pertaining to parking lots subject to parking meters. The regulation shall comply with the norms contained in §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
Ordinances that impose penal sanctions shall take effect ten (10) days after being published in one (1) or more newspapers of general circulation and regional circulation, provided that the municipality is within the region served by said newspaper. The publication shall include the following information:
(1) Ordinance number and series to which it corresponds;
(2) date of approval by the mayor;
(3) effective date;
(4) title, or a brief statement of its contents and purpose, and
(5) notice that any interested person may obtain a certified copy of the complete text of the ordinance in the Office of the Secretary of the Municipal Legislature after paying the corresponding fee.
(b) Legislation with administrative fines.— In the exercise of its powers to regulate, investigate, issue decisions, certificates, permits, endorsements, and concessions, the municipality may impose and collect administrative fines up to a maximum of five thousand dollars ($5,000) for infractions of its generally-applicable ordinances, resolutions and regulations, as established by law or ordinance. Each municipality, shall evaluate the proportionality between the seriousness of the offense and the fine to be imposed, when imposing a fine in an ordinance, resolution or regulation.
The municipality shall adopt a uniform procedure for the imposition of administrative fines, by ordinance, which shall contain due process of law guarantees, similar to those established in §§ 2101 et seq. of Title 3, known as the “Uniform Administrative Procedures Act of the Commonwealth of Puerto Rico”.
The Court of First Instance shall hear every petition for judicial review of any person affected adversely by a municipal order or resolution that imposes an administrative fine.
History —Aug. 30, 1991, No. 81, § 2.003; Oct. 29, 1992, No. 84, § 6; Sept. 2, 2000, No. 360, § 2; Jan. 4, 2003, No. 60, § 1; Sept. 16, 2004, No. 373, § 1.