[Amended 6-16-1994 by Ord. No. 82-3]
A.
It is unlawful for any person to willfully or maliciously kill, maim,
disfigure, torture, kick, beat with a stick, chain, club or other
object; mutilate, burn or scald with any substance, any animal, except
that reasonable force may be employed to drive off vicious or trespassing
animals.
B.
It is unlawful for any person to carry any animal in or upon any
vehicle in a cruel, inhumane, or unsafe manner. No person shall keep
or transport an animal in the bed of a pickup truck unless the animal
is properly restrained in a humane and safe manner to prevent the
animal from leaving the confines of the bed of the truck when the
vehicle is stationary and to prevent the animal from falling off while
the vehicle is in motion. No person shall leave an animal in a closed
vehicle for any length of time reasonably concluded to be dangerous
to the health or safety of the animal.
It is unlawful for any person to drive or work any animal cruelly.
It is unlawful for any person to fail, refuse or neglect to
provide any animal in his charge or custody, as owner or otherwise,
with proper food, drink, shade, care or shelter, or to carry an animal
in or upon any vehicle in a cruel or inhumane manner. Any animal habitually
kept outside shall be provided with a structurally sound, weatherproof
enclosure, large enough to accommodate the animal.
[Added 2-15-2012 by Ord. No. 12-02[1]]
Supervision, protection and continuous confinement and tethering
of canines.
A.
As used in this section, "tether" means to restrain a canine by tying
the canine to any object or structure, including without limitation
a house, tree, fence, post, garage, or shed, by any means, including
without limitation a chain, rope, cord, leash, or running line. Tethering
shall not include using a leash to walk a canine.
B.
It shall be unlawful for a responsible party to tether a canine while
outdoors, except when all of the following conditions are met:
(1)
The canine is in visual range of the responsible party, and
the responsible party is located outside with the canine.
(2)
The tether is connected to the canine by a buckle-type collar
or a body harness made of nylon or leather, not less than one inch
in width.
(3)
The tether has the following properties: it is at least five
times the length of the canine's body, as measured from the tip
of the nose to the base of the tail; it terminates at both ends with
a swivel; it does not weigh more than 1/8 of the canine's weight;
and it is free of tangles.
(4)
The canine is tethered in such a manner as to prevent injury,
strangulation, or entanglement.
(5)
The canine is not outside during a period of extreme weather,
including without limitation extreme heat or subfreezing temperatures,
thunderstorms, hail storms, tornadoes, tropical storms, or other extreme
weather events.
(6)
The canine has access to water, shelter, and dry ground.
(7)
The canine is at least six months of age. Puppies shall not
be tethered.
(8)
The canine is not sick or injured.
(9)
Pulley, running line, or trolley systems are at least 15 feet
in length and are less than seven feet above the ground.
(10)
If there are multiple canines, each canine is tethered separately.
(a)
This section shall not apply to the transportation of canines.
(11)
For a first-time violation, the Code Enforcement Officer shall issue a warning notice to the responsible party and shall wait at least 10 days before taking any further enforcement action against the responsible party. Thereafter, each violation of this section shall be subject to enforcement in accordance with § 118-27.2 of this chapter or Article VIII, § 118-42, of the Animal Ordinance. For all civil penalties for violations of this section collected pursuant to Chapter 118, Article V, § 118-27.2, 50% of the amount collected shall be paid to City of Las Vegas, New Mexico, Animal Shelter.
[1]
Editor's Note: Section 6 of this ordinance provided it
becomes effective one year after adoption, i.e., 2-15-2013.
[Added 2-15-2012 by Ord. No. 12-02[1]]
A.
First offense, unlawful tethering of canine: warning with ten-day
correction period.
B.
Second offense, unlawful tethering of canine: $100 and additional
ten-day correction period.
C.
Third offense, unlawful tethering of canine: $250.
D.
Fourth and each subsequent offense, Unlawful tethering of a canine:
$500 and one count of animal cruelty (fine of $500 and/or imprisonment
for up to 60 days).
[1]
Editor's Note: Section 6 of this ordinance provided it
becomes effective one year after adoption, i.e., 2-15-2013.
[Amended 6-16-1994 by Ord. No. 82-3]
It is unlawful for any person having charge, custody, or ownership to abandon any animal. All animals which are to be abandoned may be turned over to the Animal Control Center or an animal shelter for adoption; such owner shall be required to sign an owner's release relinquishing ownership of said animal. In the event, however, that each animal is not adopted within three working days, the animal may be destroyed pursuant to § 118-5.
It is unlawful for any person by any means to make accessible
to any animal, with the intent to cause harm or death, any substance
which has in any manner been treated or prepared with any harmful
or poisonous substance. It is not the intent of this section to prohibit
the use of poisonous substances for the control of vermin of significance
to the public health.
Whenever the City finds that any animal is or will be without
proper care because of injury, illness, incarceration or absence of
the owner or person responsible for the care of such animal, the City
may take up such animal for protective care; and in the event of sickness
or injury upon the advice of a licensed veterinarian, the City may
take such action as called for to prevent undue pain and suffering,
including immediate destruction of the animal.
A.
Every operator of a motor or other self-propelled vehicle upon the
streets and ways shall immediately, upon injuring, striking, maiming
or running down any animal, give such aide as is reasonably able to
be rendered. In the absence of the owner, he shall immediately notify
the City, furnishing sufficient facts relative to such injury.
B.
Every such operator shall remain at or near the scene until such time as the appropriate authorities arrive, and upon the arrival of said person, such operator shall immediately identify himself to the appropriate authorities. Alternatively, in the absence of the owner, a person may give aide by taking the animal to a veterinary hospital or the Animal Control Center and notifying the City. Such animal shall be deemed an abandoned animal within the meaning of § 118-28 above. This provision does not apply to operators of emergency vehicles.
It is unlawful to hobble livestock or other animals by any means
which may cause injury or damage to any animal.
It is unlawful to have, keep or harbor any animal which is infected
with any dangerous or incurable or painfully crippling condition except
as hereinafter provided. The City may impound such diseased or painfully
crippled animal in accordance with the provisions of this chapter.
All such animals impounded following examination and approval by a
veterinarian may be destroyed humanely as soon thereafter as is conveniently
possible. In the case of destruction of such animal, the City shall
not be required to give any of the aforesaid notices provided in this
chapter. This section shall not be construed to include veterinary
hospitals or animals under active veterinary care.
[Amended 6-16-1994 by Ord. No. 82-3]
It is unlawful for any person to promote, stage, hold, manage,
conduct, carry on or attend any game, exhibition, contest or fight
in which one or more animals is engaged in for the purpose of injuring,
killing, maiming or destroying themselves or any other animal. No
person shall provoke or entice an animal from the property of its
owner for the purpose of engaging the animal in an animal fight.
It is unlawful to confine any wild or domestic fowl or bird
unless provisions are made for the proper feeding and the furnishing
of water to such fowl or bird at intervals not longer than 12 hours.
It is unlawful to impound any wild or domestic fowl or bird in a crate,
box or other enclosure, which does not permit the fowl or bird impounded
therein to stand in a naturally erect position.
It is unlawful to willfully kill any bird, or to molest or rob
the nest of a bird.
