City of Española, NM Animals and Fowl, Generally

As used in this chapter, the following terms shall have the meanings indicated:

Any vertebrate member of the animal kingdom, excluding human beings.

The facility maintained and operated pursuant to the provisions of this chapter.

An employee of the City, designated as such by the Director, who has the authority of a peace officer to issue citations for violations of this chapter and performs such other duties relating to animal control as prescribed by the City Manager or respective department head.

ANTI-ESCAPE PROVISION

Any housing, fencing or device which a guard dog cannot go over, under, through or around.

BITE

An actual puncture or tear of the skin inflicted by the teeth of an animal.

COMMERCIAL KENNEL

Any commercial establishment or premises where 10 or more dogs or cats, over three months of age, are boarded, kept or maintained for any purpose whatsoever, with the exception of state-inspected veterinary hospitals and shelters.

COMMERCIAL PROPERTY

A portion of land, buildings or land and buildings in the City zoned for or utilized for commercial or business uses, including temporary sites; and

Any vehicle utilized for commercial or business purposes in the City.

DIRECTOR

The Division Director of the Animal Control Division or his duly authorized representative.

ENCLOSED LOT

A parcel of land or portion thereof in private ownership around the perimeter of which a wall or fence has been erected.

ESTABLISHMENT

A place of business together with its grounds and equipment.

GROOMING PARLOR

Any establishment, or part thereof, or premises maintained for the purpose of offering animal cosmetological services for profit.

GUARD DOG

Any dog that is utilized to protect commercial property, as defined above.

HANDLER

A person who trains dogs for socialization or dog shows or trials or a security person capable of controlling guard dogs.

HANDLER BREEDER or HOBBY BREEDER

Any person involved in controlled breeding of animals which are approved by a nationally recognized animal breeding organization, and are eligible to be so registered. Animals under the age of three months are not required to be registered. Handler breeders or hobby breeders are subject to the professional animal permit requirements.

HOBBY KENNEL

Any private, nonprofit premises operated by a person for the purpose of bringing aid and comfort to more than four animals but not to exceed 15 animals, which will be used for the purpose of breeding.

HOUSING

Any location where a guard dog is kept when not used for protection purposes.

IMPOUND

To take-up and confine an animal in a humane manner.

KENNEL

LICENSED VETERINARIAN VETERINARY MEDICINE DEGREE

A person with a Doctor of Veterinary Medicine degree, licensed to practice in the state.

NUISANCE

Includes, but is not limited to, defecation, urination, disturbing the peace, emitting noxious or offensive odors or otherwise endangering or offending the well-being of the inhabitants of the City.

OWNER OF ANIMAL

A person who owns, harbors or keeps, or knowingly permits an animal to be harbored or kept, or has an animal in his care, or who permits an animal to remain on or about his premises.

PERSON

Any individual, household, corporation, company, society, association, agent or employee thereof, firm, partnership, and every officer.

PET SHOP

Any commercial establishment or premises or part thereof maintained for the purchase, sale, exchange or hire of animals of any type, except that the term shall not include livestock auctions.

POLICE DOG

Any dog owned by a public agency and used in law enforcement activities under the direction of a handler.

PREMISES

A parcel of land and the structure thereon.

QUARANTINE

To detain or isolate an animal suspected of having a contagious disease.

RUNNING AT LARGE

Not confined within a building, shelter, walled or fenced area or secured by a leash, rope, chain or other restraining device, unless under the direct control of the owner/handler or keeper.

SHELTER

Any establishment owned and operated by a nonprofit humane organization licensed to do business in the state.

STRAY ANIMAL

Any animal found running at large beyond the boundaries of the premises of the owners.

VACCINATION

Protection provided against rabies by inoculation with antirabies vaccine recognized and approved by the state.

VICIOUS ANIMAL

Any animal which shall bite or in any other manner attack or attempt to attack any person or animal, except that any animal that bites, attacks, or attempts to attack any person or animal unlawfully upon its owner's or keeper's premises, without provocation, shall not be deemed a vicious animal.

WILD OR EXOTIC ANIMAL

Any animal not normally considered domesticated and shall include, but is not limited to:

Class reptilia: order phidia, such as racers, boas, water snakes and pythons; and order loricata, such as alligators, caymans and crocodiles.

The following members of the class aves: order falconiforms, such as hawks, eagles and vultures, and subdivision ratitae, such as ostriches, rheas, cassowaries and emus.

Class mammalia: order carnivora, family felidae, such as ocelots, amrgays, tigers, Jaguars, leopards and cougars, except commonly accepted domesticated cats; the family canidae, such as wolves, dingos, coyotes and jackals, except commonly domesticated dogs; family mustelidae, such as weasels, martins, mink, badgers; family procynnidae, such as raccoons; family ursidae, such as bears; and order marsupialia, such as kangaroos and common opossums; order edentata, such as sloths, anteaters and armadillos; order proboscidea, such as elephants; order primata, such as monkeys, chimpanzees and gorillas; order rodenta, such as porcupines; and order ungulata, such as antelope, deer, bison and camels.