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City of Española, NM
Rio Arriba County
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Table of Contents
Table of Contents
There is established an animal control center in such location as designated by the City.
The animal control center shall be kept open to the public for the transaction of business during the hours set by the department head.
It is the duty of the Animal Control Officers to take up and impound in the animal control center any stray or any animal kept or maintained contrary to this chapter.
A. 
No person shall hold or retain possession of any animal of which he is not the owner, without the knowledge or consent of the owner, for more than 24 hours without first reporting the possession to the Director or his designee, giving his name and address, a true and complete statement of the circumstances, a description of the animal and the precise location where such animal is confined.
B. 
It is unlawful for any person taking up an animal to fail to give the notice required in Subsection A of this section, and for any person having such animal in his possession to fail to refuse to immediately surrender such animal to the Director or his designee upon demand.
C. 
A licensed stray shall be confined at the animal control center for a period of at least five days, during which time the owner shall be notified. If identification or notification of the owner is not possible, the animal control center may dispose of said animal, without notice, one day after the required impoundment period and may either place the animal in an adoptive home or may destroy said animal in a humane fashion, as the Director may deem proper.
D. 
An unlicensed stray animal shall be confined at the animal control center for a period of at least three days. One day after the required impoundment period, the Director may either place the animal in an adoptive home, or may destroy said animal, in a humane fashion, as the center may deem proper.
E. 
No animal that has been impounded by the animal control center will be adopted out for the purpose of breeding or sale. Every dog or cat adopted from the center shall be neutered by a licensed veterinarian. A fee for the operation shall be paid to the animal control center or its designee by the person purchasing the dog or cat, prior to the release of the animal. Nothing in this section shall be construed as applicable to any dog or cat returned to the owner.
F. 
Any stray avian, bovine, equine, ovine, porcine or caprine animal which cannot be adopted may be destroyed following notice to the State Livestock Board. The time and place where the animal is to be destroyed shall be posted for five days at the center and published once in a newspaper of general circulation. Any other stray animal not redeemed by its owner or placed with a new owner may be disposed of by the animal control center, at its discretion.
G. 
It is the responsibility of an owner of an animal legally impounded to pay for boarding and other costs. The City shall establish appropriate fees by resolution and procedures for their collection. In addition, the owner shall pay any license fees due, the cost of inoculations, fines imposed or other costs incurred in the care and maintenance of the animal. The animal control center shall not release any animal impounded at the center until such fees, fines and costs are paid.
H. 
The animal control center shall maintain records for the period of time mandated by the records retention schedule adopted by the City. The record shall include at least the following:
(1) 
A complete description of the animal;
(2) 
The manner and date of its acquisition by the center;
(3) 
The date and manner of disposal;
(4) 
The name and address of the purchaser of any animal;
(5) 
All fees received; and
(6) 
The altered state of the animal, and either:
(a) 
Record of request to owner if unaltered; or alternatively
(b) 
The record of the alteration of the animal.
I. 
The first time an animal is impounded, the animal's altered status will be recorded, and if the animal is unaltered, it will be requested of the owner that the animal be altered within two months. If left unaltered and the animal is impounded a subsequent time, the animal will be altered and the fees charged to the owner pursuant to Subsection G.