City of Socorro, NM
Socorro County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Socorro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 172.
Zoning — See Ch. 250.
[Adopted as Ch. 9, Art. 1, of the 1977 Code]
[Added 7-7-2014 by Ord. No. 14-055-19]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL
Farm livestock, including but not limited to sheep, goats, horses and cows. (See Article II of this chapter for regulations regarding dogs.)
[Amended 7-7-2014 by Ord. No. 14-055-19]
If any animal is found running at large contrary to the provisions of this article, the Chief of Police shall take up and confine the animal in a secure place or other place provided for that purpose, and such animal taken up and confined shall not be released until the owner or person entitled to the possession thereof shall pay to the officer having such animals in his keeping the sum of $20 for the taking up of such animal together with the sum of $7 per day for each and every day such animal is kept by the officer aforesaid unless otherwise provided in this Code. The money shall be turned in to the Clerk-Treasurer.
A. 
If the owner or person entitled to the possession of an animal does not pay the charges and take it away within five days from the time it is taken into custody, the Chief of Police may sell such animal to public auction after having given at least five days' notice of the time and place of such sale by publishing or by posting said notice in five public places in the City as well as serving a copy of said notice upon the owner or possessor of said animal, if known. Such animal may be redeemed at any time before the date of sale by payment to the officer in or his assistant of any fees, expenses and charges herein provided.
B. 
In case an animal sold pursuant to the provisions of this section is sold for more than is sufficient to pay the fees and charges aforesaid, such expenses shall, by the officer or his assistant making the sale, be deposited with the Clerk-Treasurer, who shall pay such excess, upon order of the City Council, to the owner of such animal or animals or the person entitled to the possession of the same upon claim and proper proof within one year from the date of said sale.
C. 
In the event such animal is infected or cannot be sold, it may be disposed of in the manner provided for unclaimed or infected dogs.
It is unlawful for any person to picket, lead or hold any horse, cattle or other livestock on or along any street, sidewalk or alley in the City in such manner that any such animal may graze upon the grass, herbage, or trees growing upon or along any of said streets, sidewalks or alleys, or for any person to picket, lead or hold any horse, cattle or other livestock in such a manner as to obstruct or impede the full use of said streets, sidewalks or alleys.
It is unlawful for any person to hitch a horse or any other animal to any ornamental fence or railing, tree or bush, whether private or public, without the permission of the owner thereof. It is unlawful for any person to hitch any such animal to any lamp post or fire hydrant of this City.
It is unlawful for any person to unnecessarily beat, injure or maltreat any animal.
[Amended 7-7-2014 by Ord. No. 14-055-19]
It is unlawful for any person to keep or harbor any hogs, sheep or goats within the corporate limits of the City unless otherwise allowed by the City's Planning and Zoning Ordinance (see Chapter 250, Zoning, of the City Code).
It is unlawful for any person to herd or harbor any cattle, horse or other livestock within the corporate limits of the City. (See Chapter 250, Zoning, of the City Code.)
It is unlawful for any person who owns, harbors or keeps within the corporate limits any chickens, ducks, geese, turkeys, or other domestic fowl, or any hare or rabbits, to fail to keep the same securely enclosed in a pen or building, or to permit the same to run at large or to go upon the premises of another.
Any person who owns or controls any lot, barn, stable, shed, building or other place where domestic fowl or animals are kept shall keep said building and premises in a clean and sanitary condition and shall remove all manure from the premises at least once each week.
[Adopted 12-6-1999 by Ord. No. 99-11-01 (Ch. 9, Art. 2, of the 1977 Code; amended in its entirety 12-3-2018 by Ord. No. 18-11-05]
This article shall be known and may be cited as the "Animal Care and Control Ordinance of the City of Socorro" and is referred to herein as "this article."
This article is created pursuant to the enabling authority set forth in New Mexico Statutes Annotated (NMSA, 1978), Section 3-18-3; NMSA (1978), Section 77-28-11; and NMSA (1978), Section 77-30-18.
If any section, subsection, sentence, clause, or phrase of this article is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this article, it being the intent of the Council to enact each section, subsection, sentence, clause, or phrase of this article separately and independently of each other section, subsection, sentence, clause, or phrase.
The Council may amend or modify this article in accordance with state statutes and following a public hearing, due notice of which shall be given by the City.
Violations of this article shall be punishable as set forth in Chapter 1, Article III, Penalties, of the Socorro City Code § 108-21, and the Schedule of Fees & Other Assignable Costs (Appendix A). Where the violator has been convicted of a crime constituting a petty misdemeanor, the judge may sentence the person to be imprisoned in the county jail for a definite term not to exceed 90 days, or to the payment of a fine of at least $99 and not more than $329, or to both imprisonment and fine, in the discretion of the court. The court may exercise discretion to suspend a sentence in whole or in part upon the satisfaction of lawful conditions imposed by the court. Each day this article is violated may be considered a separate offense. In addition, the judge shall order a mandatory animal control fee of $30 which is considered to be a surcharge, and may order the removal or destruction of the animal in instances of citations for cruelty or neglect or harboring a dangerous or potentially dangerous animal.
Word forms. Unless a contrary intention clearly appears, words used in the present tense include the future tense, and words used in the future tense include the present tense; the singular includes the plural, and the plural includes the singular; the word "may" is permissive, and the words "shall", "will", and "must" are mandatory, subject to specific exceptions allowed by this article.
ABANDON
To leave an animal on one's premises for more than 24 hours without making provisions for food, water and shelter of the animal, or to leave an animal on property other than one's own without the consent of the owner of the property and without making provisions for food, water and shelter of the animal, or to abdicate reasonable care or control of an animal in any location where a reasonable person would know the animal has little chance of finding food, potable water or shelter.
ADEQUATE DRAINAGE
Drainage sufficient to prevent the unintentional standing or pooling of water.
ADOPTION
The retrieval, by choice, of a domestic animal from the Animal Shelter and Adoption Center, and the assumption of responsibility for proper care of the animal in accordance with this article. Adoption is used also in the context of shelters and rescue organizations, resolutions, legal agreements, and fees that facilitate adoption.
ANIMAL
Any living nonhuman mammal, bird, reptile, or amphibian including, but not limited to, domestic animals, exotic or wild animals, livestock, bats, pigeons, porcupines, poultry, prairie dogs, rabbits and skunks. For the purpose of this article, insects and arachnids are not included in the definition of animals.
ANIMAL CONTROL OFFICER
Any person designated as such by the City, who shall be deputized and charged with enforcement of the provisions of this article in the field and to perform other duties as assigned by the Mayor.
ANIMAL EXHIBIT
Any traveling animal show, animal refuge, zoo, petting zoo, circus, animal ride, animal act, or any premises or activity operated for the purpose of showing any animal or providing entertainment through animal performances.
ANIMAL FIGHTING
An organized event involving one or more dogs, cocks, or other fighting animals and that has the purpose or probable result of one animal inflicting injury on or killing another animal.
ANIMAL FIGHTING PARAPHERNALIA
Equipment that any reasonable person would ascertain is used for animal fighting purposes, which includes, but is not limited to:
A. 
Instruments designed to be attached to the leg of a bird such as boxing gloves, knives, gaffs, or other sharp instruments;
B. 
Performance-enhancing drugs or substances, and veterinary equipment such as suture equipment and bags of saline solution;
C. 
Items to train and condition dogs to fight including, but not limited to, hides or other material used as hanging devices to strengthen and/or condition dogs, wooden sticks or handles used to pry open jaws, food or water additives, treadmills, and jenny mills;
D. 
The presence of any animal that appears to be a fighting animal alone or together with animals suspected of being used as bait animals including, but not limited to, rabbits, cats, and other dogs; and
E. 
Information about training or managing fighting animals such as documents and videotapes.
ANIMAL OWNER
A person 18 years of age or older, or the parent or guardian or other person responsible for a person under 18 years of age who owns, keeps, cares for, or harbors an animal, or who allows an animal to remain on or about his premises for more than 14 consecutive days.
ANIMAL RESCUE SITE
An organization and facility dedicated to the adoption of unwanted, abandoned, abused, or stray domestic animals, either from its own premises and/or from temporary, private, foster homes. Animal rescue groups are commonly private, volunteer-run, nonprofit organizations dedicated to a particular animal, such as cats, birds, or dogs, and to a specific breed, such as boxers or Labrador retrievers. Animal rescue sites often work closely with municipal shelters, fostering and ultimately rehoming purebred dogs or difficult-to-place older animals. Within the City of Socorro, the premises of an animal rescue site must obtain a conditional use permit and a multiple animal permit.
ANIMAL SHELTER
Any establishment:
A. 
That is operated by a municipality, county, or other state-recognized animal humane organization for the care and control of animals; and
B. 
In which animals are not allowed to breed.
ANIMAL SHELTER AND ADOPTION CENTER
All staff, premises, facilities, and programs provided by, or contracted-out by the City of Socorro to implement and/or enforce this article.
ATTACK
Aggression toward a person or another animal without justification, causing injury or death. Justification for aggressive behavior includes when the animal is protecting himself or herself, her guardian, her offspring or her home from harm, or when the animal has reason to fear a person or animal who has harmed her in the past.
BITE
A puncture or tear of the skin inflicted by the teeth of a domestic animal or a canine hybrid or by a wild/exotic animal held in captivity.
BOARDING KENNEL
A commercial establishment where animals are housed overnight for the benefit of the animal's owner. Zoos, guard dog sites, pet stores, or state-inspected veterinary hospitals are not included except where non-patient boarding services are expressly offered.
CANINE HYBRID
Any canine that results from the breeding of a domestic dog (Canus domesticus) with any other canine sub-species including, but not limited to, wolves and coyotes.
CITY
The City of Socorro, a municipal corporation incorporated under the laws of the State of New Mexico.
CONFINEMENT
Secure containment of an animal within a building or enclosure and away from other animals and the public.
CONTROLLED BREEDING
Breeding of a domestic animal that follows a breeding plan in efforts to preserve and protect the breed, and producing between zero and four litters yearly only when a litter will enhance the breed and the breeding program.
COUNCIL
The governing body of the City of Socorro.
CUSTODIAN/CUSTODIAL PERSON
A person other than the owner, who has temporary or long-term responsibility for or possession of an animal.
CUSTODY
The possession of, control of, and responsibility for an animal by a person who may or may not be the owner.
DANGEROUS ANIMAL
An animal that at any time, and without provocation, attacks a person or other domesticated animal that is lawfully in the presence of the attacking animal and is acting peaceably when the attack results in serious injury or death.
DOGGIE DAY-CARE
A commercial establishment that takes temporary possession of a domestic animal at the request of an owner to provide safety, comfort and/or socialization for the animal.
DOMESTIC ANIMAL
An animal that has been tamed and kept by humans as a pet.
ENCLOSURE
An area of secure confinement indoors or outdoors, such as a parcel of land, or any portion thereof, completely surrounded at its perimeter by a wall or fence, locked pen or other structure that is designed to prevent an animal from escaping the confined area and unauthorized persons from entering the confined area. A proper enclosure must be of sufficient height and strength to contain the animal within.
EUTHANASIA
The humane killing of an animal by a licensed, authorized person in a manner commonly recognized as humane and approved by the appropriate state agency and not causing undue pain or suffering to the animal.
FIGHTING COCK
An adult male bird that is bred, possessed, reared or trained for use in, or that is actually used in, a cockfight or any other fight or contest involving animals.
FIGHTING DOG
A dog that is trained for use in, or that is actually used in, a fight with other dogs or any other animal.
FOSTER CARE PROVIDER
Any person who fosters an animal from or through the Socorro Animal Shelter and Adoption Center to lend aid and comfort and to otherwise assist in making the animal adoptable or to provide a safe, homelike environment to minimize the effects on the animal being separated from its family.
GROOMING PARLOR
An establishment that provides animal grooming services for domestic animals.
GUARD DOG
Any dog disciplined to protect persons and/or property by attacking or threatening to attack any person found within the area authorized to be patrolled by such dog. These dogs are trained for personal protection, area protection, and/or the apprehension or warding off of an individual by means of barking, threatening gestures, biting, or restraining by the use of its teeth.
GUARD DOG SITE
An establishment that utilizes a guard dog and that possesses a current guard dog permit. All premises in which a trained guard dog is kept must display a sign or notice that must be conspicuously displayed, warning the public of the presence of the trained guard dog.
HOBBY BREEDER
A person involved in controlled breeding of domestic animals that are registered with a nationally or internationally recognized animal registry organization and produces less than four litters annually.
HOBBY BREEDER SITE
Any residence, building, or other structure used in whole or in part for keeping, raising, or breeding animals registered with a nationally or internationally recognized animal registry organization, and of which the resultant offspring are not sold for resale to commercial outlets or for the purpose of research, testing, or laboratory experimentation.
HOUSEHOLD
A human social or family unit composed of persons living, residing and domiciled in the same residence, whether related or not.
MULTIPLE ANIMAL PERMIT
A permit issued by the Animal Shelter and Adoption Center that is required to operate a multiple animal site.
MULTIPLE ANIMAL SITE
Property in a residential zone, upon which more than 10 dogs or cats, in any combination, and in compliance with a current multiple animal permit obtained by the owner or custodian of the animals.
NEGLECT
Failure by an owner to provide care, including, but not limited to, food, water, shelter, shade, grooming or veterinary care, which failure causes an animal to suffer physical or emotional harm.
OWNER SURRENDER
The relinquishment of ownership of an animal to the Animal Shelter and Adoption Center by the owner of the animal.
PERSON
An individual, household, firm, partnership, corporation, company, society, association, or legal entity, and any officer, agent, or employee thereof.
PET STORE
A retail establishment that sells products for feeding and caring for pets but is prohibited from the retail sale of dogs and cats from commercial breeding facilities.
POISONING
Deliberately or intentionally feeding to or setting out to be ingested by any animal of any substance that is treated or prepared with any harmful or toxic substance.
POTENTIALLY DANGEROUS ANIMAL
Any animal that may reasonably be assumed to pose a threat to public safety as demonstrated by the following behaviors:
A. 
Causing an injury to a person or domestic animal that does not result in muscle tears, disfiguring lacerations, require multiple sutures, or corrective or reconstructive surgery; or
B. 
Chasing or menacing a person or other domestic animal in an aggressive manner and without provocation; or
C. 
Acting in a highly aggressive manner within a fenced yard or enclosure and appearing able to jump out of the yard or enclosure; or
D. 
Any exotic or wild animal held in captivity by a human that, because of its poisonous bite or sting, would constitute a significant hazard to the public.
PREMISES
A parcel of land and the structures thereon.
PROBABLE CAUSE
Sufficient reason, based upon known facts, to believe a crime has been committed or that certain property is connected with a crime.
PROFESSIONAL ANIMAL ESTABLISHMENT
Including, but not limited to, a boarding kennel, grooming parlor, doggie day-care, pet store, sanctuary, animal rescue site, or animal shelter.
PROTECTIVE CUSTODY
Animal that is taken into custody by the Animal Control Officer while the owner is unable to care for the animal.
QUARANTINE
The strict containment and isolation of an animal for any length of time in accordance with this article, state law, or federal law, in order to observe for and control the spread of infectious or contagious diseases, such as rabies.
RECLAIM
The retrieval of an animal from the Animal Shelter and Adoption Center by its owner or custodial person.
A. 
An animal beyond the boundaries of the owner's premises and free from the owner's control. Free from an owner's control shall mean those animals that are not contained by an enclosure or restrained on a leash no longer than eight feet held by a responsible person capable of controlling the animal. Verbal commands do not constitute control of an animal. Running at large includes all stray animals.
B. 
Being stray, or running at large shall not include:
(1) 
A dog that is working at a specific job for which it has been trained; or
(2) 
A dog performing in the capacities of hunting, tracking, obedience, agility, showing or field trials.
SECURE ENCLOSURE
Secure confinement indoors or outdoors, such as a parcel of land, or any portion thereof, completely surrounded at its perimeter by a wall or fence, locked pen or other structure, that is designed to prevent the animal from escaping the confined area and young children from entering the confined area. The enclosure must be of sufficient height and strength to contain the animal within and provide sufficient room for the animal to comfortably move around within the structure.
SERIOUS INJURY
Any physical injury to a person or animal that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures, corrective, or reconstructive surgery.
SERVICE ANIMAL
Dogs or miniature horses that are individually trained to do work or perform tasks for people with disabilities. Examples of such work include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting others and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with post-traumatic stress disorder. Service animals are working animals, not pets. The work or task a service animal provides must be directly related to the person's disability. Animals whose sole function is to provide comfort or emotional support do not qualify as service animals.
STATE
The State of New Mexico, United States of America.
STRAY
Any animal beyond the boundaries of the owner's premises and free from the owner's restraint or control, including all animals that are running at large, abandoned, or have no known owner.
UNENCLOSED PREMISES
Property that allows an animal to come and go at will and without restraint to keep it on its owner's property.
VACCINATION
Inoculation with an anti-rabies vaccine recognized and approved by the State of New Mexico and given in accordance with state law.
VERMIN
Wild rodents and various insects including flies, mosquitoes, ants and wasps.
VERTEBRATE PEST
Any vertebrate member of the animal kingdom that does damage to humans or the environment, including rodents, carnivores, other mammals, birds, reptiles and amphibians, and fish.
VETERINARIAN
A doctor of veterinary medicine licensed to practice in the State of New Mexico.
WILD/EXOTIC ANIMAL
Any animal found naturally in a wild state, whether indigenous to the State of New Mexico or not and whether raised in captivity or not. Such animals, though they may be trained and domesticated, include, but are not limited to:
A. 
Wolves, foxes, coyotes, dingoes, and other members of the nondomestic canine families;
B. 
Lions, pumas, panthers, mountain lions, wildcats, and other members of the non-domestic feline families;
C. 
All bears, including grizzly bears, black bears, brown bears, etc.;
D. 
Raccoons, including eastern raccoon, desert raccoon, ring-tailed cat, etc.;
E. 
Primates, including all non-human great apes other than qualified service animals;
F. 
Skunks;
G. 
Bats;
H. 
Indigenous and non-indigenous poisonous snakes;
I. 
Alligators, crocodiles, caimans, or poisonous lizards;
J. 
Venomous fish and piranha; and
K. 
Federally protected birds.
ZOO
An establishment that maintains a collection of wild animals for study, conservation, or display to the public and accredited by the American Zoological Association.
Reasonable rules and procedures may be prescribed as needed by the Mayor, or his delegate, in order to carry out the intent and purposes of this article, and in accordance with the provisions of this article.
A. 
Appointment. The City of Socorro shall appoint at least one Animal Control Officer or shall, under a duly adopted joint powers agreement, accept one or more Animal Control Officers appointed by another entity.
B. 
Commissioned. The Animal Control Officer, whether an employee of the City of Socorro, or a contracted agent, shall be an agent or employee of the City, and shall be responsible for enforcement of the Animal Care and Control Ordinance of the City of Socorro and Statutes of the State of New Mexico, as applicable.
C. 
Identification. The Animal Control Officer shall wear a uniform and shall carry official identification. Official identification shall be issued by the City Clerk and must be surrendered upon cessation of either employment or contract with the City.
A. 
The Animal Control Officer shall have the authority, and is directed to investigate, upon reasonable cause, including complaints, any alleged violation of this article.
B. 
If the Animal Control Officer has probable cause to believe that a person has violated this article, the Animal Control Officer may prepare a citation giving written notice to a court.
C. 
The citation shall contain:
(1) 
The name and address of the person violating this article;
(2) 
The driver's license number of such violator, if known;
(3) 
The code section allegedly violated;
(4) 
The date when the person allegedly committed the violation;
(5) 
The place where the person allegedly committed the violation;
(6) 
The location where the person shall appear in court and the deadline for appearance.
D. 
The Animal Control Officer shall present the citation to the person he/she has probable cause to believe violated the code section in order to secure the alleged violator's written promise to appear in court by having the alleged violator sign at least one copy of the citation.
E. 
The Animal Control Officer shall deliver a copy of the citation to the person promising to appear.
F. 
If the alleged violator refuses to or is unable to give his written promise to appear, or if the violator refuses to meet with the Animal Control Officer, the Animal Control Officer may prepare a written complaint (criminal summons) against the alleged violator and file the complaint with the City of Socorro Municipal Court.
A. 
Impounding of animals. Any Animal Control Officer shall make all reasonable effort to impound:
(1) 
Any animal determined to be running at large;
(2) 
Any animal in plain view on its own premises whose condition threatens serious injury or imminent death to the animal itself;
(3) 
Any animal in plain view on its own premises whose actions threaten serious injury or imminent death to any person or to another animal within the same premises;
(4) 
Any animal that has been identified as having bitten any person until such time as the animal's vaccination records can be verified;
(5) 
Any animal when so ordered by a court of competent jurisdiction.
B. 
Entry to private premises.
(1) 
The Animal Control Officer shall be authorized to enter upon any private premises with the permission of the owner/occupant or as otherwise provided for by law, for the purpose of making inspections to determine compliance with this article, impounding animals as authorized or mandated under this article, and examining records pertinent to the origin and care of any animals located at, or emanating from, the premises.
(2) 
The Animal Control Officer shall have the authority to enter private property to affix any summons, notice or official document upon the door of any residence occupied by an owner or custodial person.
(3) 
Except in cases of imminent danger to either the public or an animal, the Animal Control Officer shall make reasonable efforts to obtain the permission of the property owner/occupant.
(4) 
In case of imminent danger to the public or an animal, the Animal Control Officer shall be authorized to enter upon any premises or go upon unenclosed parcels of land or enter any pen, enclosure, yard or vehicle to enforce this article. However, the Animal Control Officer must personally view any violation prescribed by this article that would place the public or any domestic animals in immediate peril. Further, the officer may enter only to the extent necessary for the immediate rescue of an imperiled animal or a member of the public.
(5) 
No Animal Control Officer may enter any dwelling or place of business without the permission of the owner, unless he/she has personally viewed any violation described in this document that puts the public or any domestic animals in immediate peril. If an owner/occupant refuses permission to enter, the Animal Control Officer may seek a court order or warrant to enter premises as provided by law for the purpose of making inspections to determine compliance with this article and impound animals as authorized by the City.
(6) 
In cases where entry is mandated by a court order or a warrant, the order or warrant must be executed in the company of an authorized law enforcement officer of the City, county, or state.
C. 
Seizure of dangerous and potentially dangerous animals; petition to court.
(1) 
Following notice to the owner, if the Animal Control Officer has probable cause to believe an animal is dangerous or potentially dangerous, and poses an imminent threat to public safety, the Animal Shelter and Adoption Center may apply to a court of competent jurisdiction in the county where the animal is located for a warrant to seize the animal and impound the animal or may impound the animal with the owner's consent.
(2) 
The animal shall be impounded by the Animal Shelter and Adoption Center pending disposition of the case or, if the animal is deemed potentially dangerous, until its owner has fulfilled the requirements for a certificate of registration pursuant to the provisions of § 108-33.
(3) 
After seizure:
(a) 
The owner may admit that the animal is potentially dangerous and comply with the requirements for a certificate of registration pursuant to § 108-33; or
(b) 
The Animal Shelter and Adoption Center may, within 14 days after seizure of the animal, bring a petition to a court of competent jurisdiction seeking a determination of whether the animal is dangerous or potentially dangerous. If the court finds that the animal is:
[1] 
Dangerous and/or poses an imminent threat to public safety, the animal will be humanely destroyed.
[2] 
Potentially dangerous and poses a threat to public safety, the court shall order the owner to comply with the registration and handling requirements for the animal, as set forth in § 108-33; and obtain a potentially dangerous animal permit within 30 days or have the animal humanely destroyed.
(4) 
If the court does not make the required findings pursuant to this subsection, the court shall immediately order the release of the animal to its owner. A determination that an animal is not dangerous or potentially dangerous shall not prevent an animal control authority from making a subsequent application for seizure based on the animal's subsequent behavior.
D. 
Dead animals.
(1) 
In order to help safeguard the public safety and health, any Animal Control Officer shall be authorized to pick-up and dispose of any dead domestic animal lying in any public right-of-way, or in any private access easement which is dedicated for public use. The Animal Control Officer shall make a reasonable attempt to notify the owner of any dead dog or cat prior to disposal.
(2) 
At the discretion of the Animal Control Officer, the City may pick up and dispose of any dead and privately owned domestic animal at the owner's request.
(3) 
Disposal shall be accomplished in such a manner as to minimize vermin infestation, odors, and disease.
(4) 
Potentially rabid animals shall be handled in a manner consistent with state law and the requirements of this article.
E. 
Authority. An Animal Control Officer may move to dismiss any citations, criminal summons, or fees provided the owner complies with an agreement entered into with the officer as to the action required to correct the cited problem.
F. 
Personal liability. There shall be no personal liability on the part of any Animal Control Officer in the lawful execution of his/her assigned duties, except as provided by state or federal law.
A. 
Purpose. The purpose of this schedule shall be to defray expenses related to enforcement of this article.
B. 
Method of payment. Payment of any and all fees and other assignable costs shall be made to the City of Socorro in a method acceptable to the City, and become due immediately upon imposition.
C. 
Adoption by resolution. This schedule shall be as is duly adopted or amended by ordinance of the Council.
D. 
Fines for violations. Any person who violates a provision of this article may be deemed guilty of a petty misdemeanor, and upon conviction thereof, may be subject to the penalty provisions set forth in this article. Each day this article is violated may be considered a separate offense. Where the defendant has been convicted of a crime constituting a petty misdemeanor, the judge may sentence the person to be imprisoned in the county jail for a definite term not to exceed 90 days or to the payment of a fine of at least $99 and not more than $329 or to both such imprisonment and fine in the discretion of the judge.
[1]
Editor’s Note: See Appendix A, included as an attachment at the end of this chapter, and Ch. 1, Art. II, Penalties, of the Socorro City Code.
A person who has personal knowledge of a violation of this article and who can identify the owner of the animal involved or the premises where the animal is located may contact an Animal Control Officer, the Socorro Police Department, or the Animal Shelter and Adoption Center to file a complaint alleging a violation of this article. The complainant may be required to provide his/her name and address and swear to and affirm the complaint.
A. 
General. The City shall provide or contract for sufficient facilities to be used for the purpose of humanely boarding and caring for animals impounded under the provisions of this article. Such a facility shall meet the requirements established in this section.
B. 
Animal housing facilities.
(1) 
Animal housing facilities shall be structurally sound, constructed of nontoxic materials, and weatherproof. Interior floors shall be of smooth, easily cleanable construction, and impervious to water. The premises shall be kept clean, sanitary, and in good repair in order to protect animals from disease and/or injury.
(2) 
Animal housing facilities shall be provided with proper ventilation, temperature control, shade, and lighting necessary for the health and safety of animals according to each species' needs.
(3) 
Provisions shall be made by a responsible person in charge of any impounded animal for the removal and proper disposal of any animal and/or food waste, soiled bedding, dead animals, and miscellaneous debris. Disposal shall be accomplished in such a manner as to minimize vermin infestation, odors, and disease.
(4) 
Specific housing and other facility requirements will be established by Animal Control for the different kinds of animals that will be housed there. The requirements will be made available in writing and without charge upon request.
A. 
Requirement. Upon impounding or receiving any animal, the Animal Control Officer shall record data required by this section into a registry to be kept for such a purpose.
B. 
Record of impounded animals. The record shall contain at least the following information:
(1) 
The date, time, location, reason for impoundment, and manner of the animal's acquisition.
(2) 
A description of the animal, including species, breed, color, and sex.
(3) 
The animal's name, and the owner's name, address, and phone number, if known.
(4) 
Verification of notification and reasonable attempts at notification to the known owner of animal impounded with identification.
(5) 
The animal's City license number if any, rabies tag number and microchip number, if available.
(6) 
The date, time, and manner of the animal's disposition, as prescribed by this article.
(7) 
The name, address, and telephone number of the person adopting/reclaiming the animal, if applicable.
(8) 
All fees received.
(9) 
A record of all "dead on arrivals," including any identification information found on the animal and a description of the animal when possible.
A. 
Notice. If the owner of an impounded animal is known, the Animal Control Officer shall make a reasonable effort to notify the owner immediately. If the owner of the animal is not known, a notice of the impoundment shall be posted in a conspicuous place at the office of the Animal Shelter and Adoption Center and online.
B. 
Duration.
(1) 
All stray impounded animals without identification shall be held for a minimum of four working days and notice of impoundment posted.
(2) 
All stray animals with identification shall be held a minimum of seven working days and notice of impoundment posted. The Animal Shelter and Adoption Center will make all reasonable efforts to notify the owner of the impoundment of the animal, such as by telephone or by posting a notice at the owner's listed property address.
(3) 
All quarantined animals shall be held and observed for a period of 10 consecutive days from the date of the bite or seizure.
(4) 
All owner-surrendered animals become the property of the City of Socorro at the time of surrender.
(5) 
All animals placed under protective custody shall be held a minimum of 15 consecutive days unless reclaimed by owner or custodial person.
(6) 
In computing any period of time under this section, the day that the animal is impounded shall not be included. The last day of impoundment shall be included, unless it is a day when the shelter is closed, in which case the period of time continues until the end of the next day that is not one of these days.
C. 
Redemption/reclamation by owner. In conformance with any and all other requirements of this article and except for animals held on complaint, for quarantine, in protective custody, or impounded under similar circumstance, an owner or custodial person of any impounded animal shall have a limited right to redeem/reclaim the animal within the required holding period conditional on compliance with this paragraph and all other applicable provisions of this article, including completion and signing of the Reclaim/Adoption Agreement (Appendix B). If an owner or responsible person contacts the Animal Shelter and Adoption Center before expiration of the impoundment period, but cannot arrange to reclaim the animal before the impoundment period expires, the Animal Shelter and Adoption Center shall assist the owner or responsible person in making alternative arrangements, at the owner's or responsible person's expense.
D. 
Payment of fees and other assignable costs. In all cases, the limited right to redeem may only be exercised by the owner or custodial person upon payment to the City of any license fees due, impound fees, boarding charges, vaccination and other veterinary charges, and other costs incurred by the City in the care and maintenance of said animal, or as designated in the Schedule of Fees and Other Assignable Costs (Appendix A).
E. 
Sterilization and vaccination deposit for redeemed domestic animals. In conformance with NMSA (1978), Section 77-1-20, and in addition to any other requirements of this article, for the redemption/reclaiming of any intact domestic animal the owner/custodial person shall:
(1) 
Pay a sterilization and vaccination deposit, given in the Schedule of Fees and Other Assignable Costs, prior to the adoption or reclaim of each domestic animal; and
(2) 
Sign an agreement to have the animal sterilized by the age of six months in the case of an animal younger than six months, or within 30 days in the case of an animal older than six months, unless the owner purchases a breeder's permit.
(3) 
A sterilization and vaccination deposit shall not be required if the animal is proven to be sterilized. However, the owner or responsible person shall forfeit the sterilization and vaccination deposit paid for a domestic animal that is subsequently impounded again and not shown to be sterilized.
F. 
Refund of sterilization and vaccination deposit. A sterilization and vaccination deposit shall be reimbursed to the owner upon delivery of a valid receipt from a veterinarian proving that the redeemed/reclaimed animal was sterilized within the specified period.
G. 
Animals held on court order. In all instances where an animal is impounded and a court order related to a violation of this article has been filed in a court of competent jurisdiction against the owner of the animal, the animal shall not be released except upon order of the court. The court may direct the animal owner to pay any penalties or fines for violation of this article in addition to penalties resulting from other charges.
H. 
Nonredeemed animals. Any animal not redeemed/reclaimed within the required holding period shall become the property of the City. Animals that have thereby become the property of the City may be:
(1) 
Placed for adoption in conformance with the requirements of this section; or
(2) 
Transferred to the ownership of any animal shelter or certified rescue group; or
(3) 
Humanely euthanized.
I. 
Adoption. An impounded animal shall be released for adoption after:
(1) 
The required holding period for redemption/reclaiming has passed;
(2) 
The animal has been deemed adoptable; and
(3) 
The prospective adopter has paid any required adoption fee to the City as noted in the Schedule of Fees and Other Assignable Costs.
J. 
Sterilization and vaccination of adopted animals. In conformance with NMSA (1978) Section 77-1-20, and in addition to any other requirements of this article, for the adoption of any unsterilized dog or cat, intact animals older than six months of age will be sterilized at the expense of the adopter prior to being released to the adopter. For animals younger than six months, the adopter shall pay a sterilization and vaccination deposit as established in the Schedule of Fees and Other Assignable Costs (Appendix A), and shall sign an agreement to have the animal sterilized by the age of six months. The sterilization and vaccination deposit shall be refunded to the owner upon delivery of a valid receipt from a veterinarian proving that the redeemed/reclaimed animal was sterilized within the specified period.
K. 
Penalty for violating Sterilization Act. Any violation of NMSA (1978), Section 77-1-20, known as the "Sterilization Act" and involving the failure to sterilize an adopted or reclaimed domestic animal within the required period, is a misdemeanor and shall be punishable by a fine of at least $99 and not more than $329.
L. 
Euthanasia. Any impounded animal may be euthanized by the Animal Control Officer, or by such other persons as may be contracted with by the City to perform such euthanasia:
(1) 
After the required holding period for redemption/reclaiming has passed; or
(2) 
For medical humane reasons to prevent suffering; or
(3) 
If the owner admits that the animal is dangerous or potentially dangerous and relinquishes ownership of the animal to the Animal Shelter and Adoption Center; or
(4) 
If the Animal Control Officer or a member of the Animal Shelter and Adoption Center Staff observes that an animal is dangerous or potentially dangerous; or
(5) 
If the court finds, by clear and convincing evidence, that an animal is dangerous or potentially dangerous and poses an imminent threat to public safety and orders humane destruction of the animal.
(6) 
Other euthanasia decisions will be bound by City of Socorro Resolution 11-01-03b, adopted on January 3, 2011.
There is a recognized need for vertebrate pest control for the protection of human health and safety and for the protection of private and public property within the City of Socorro. This work may be performed by private citizens on land that they own or lease, and by federal, state, or local government employees. All persons shall work in compliance with all applicable federal, state, county, and local laws and regulations. It is recognized that various levels of protection exist for animal species and that this section will not attempt to override or lessen those protections. This section will work within those laws afforded for animals. Animal Control Officers have the authority to approve or disapprove of methods used to perform vertebrate pest control that are not otherwise specified in this section.
A. 
Pest-control methods requiring authorization. Landowners and other agency personnel will be required to receive prior authorization from the Animal Shelter and Adoption Center for the following methods of vertebrate pest control:
(1) 
Shooting with a firearm;
(2) 
Chemical immobilization;
(3) 
Quick-kill traps;
(4) 
Leg-hold traps, subject to the following:
(a) 
Leg-hold traps shall only be used as a last resort and only with the written approval of the Animal Control Officer and the Clerk or his/her authorized agent;
(b) 
Leg-hold traps shall be size no. 3 or smaller, part-tension, with offset jaws or jaws modified so they do not close together around the leg;
(c) 
No leg-hold trap set shall be made within 100 yards of any occupied dwelling without written notification to the dwelling's occupant;
(d) 
Traps shall be checked every 12 hours;
(e) 
All animals trapped will be removed by the landowner or designated agent.
B. 
Pest-control methods not requiring authorization. The following methods of vertebrate pest control will not require authorization from the Animal Shelter and Adoption Center, but may only be performed by private citizens or their designated agent within the confines of their own property:
(1) 
Quick-kill traps for the control of gopher, mole, rat, and mouse species;
(2) 
Live traps, subject to the following:
(a) 
An Animal Control Officer or the resident where the live trap is placed may remove any animals found in the trap;
(b) 
Live traps shall be checked at least every 12 hours by the property owner or designated agent.
(c) 
The Animal Control Officer may be contacted for issuance of a live trap for a resident's temporary use. It is not a violation of this section or any other section of this article for a resident to own live traps as long as they meet the requirements specified in this section.
(3) 
Pesticides. Pesticide use shall be permitted if the product used is an EPA-registered pesticide and is used in accordance with special use restrictions for the control of vertebrate pests.
A. 
Vaccination required. All dogs, cats, and ferrets three months of age or over shall be vaccinated against rabies by a veterinarian at the owner's expense no less frequently than is required by state law.
B. 
Vaccination tag and certificate.
(1) 
The owner of an animal vaccinated for rabies shall obtain from the veterinarian a certificate containing the following:
(a) 
The name and address of the owner;
(b) 
A description of the vaccinated animal;
(c) 
A description of the type of vaccine used;
(d) 
The date of vaccination; and
(e) 
The expiration date of immunity provided by the vaccination.
(2) 
The rabies certificate shall be surrendered for verification or examination upon demand of the Animal Control Officer or any other person charged by the City with enforcement of this article. The tag shall bear the certificate number and the year of vaccination and shall be worn attached to a collar or harness at all times, exceptions being cats, working animals, show dogs, animals being kept in a veterinary hospital or animals performing in agility, herding, tracking, coursing, or hunting capacities. Owners shall be responsible for replacing lost tags. Tags and certificates are nontransferable. Animals without valid and current tags and certificates shall be subject to fines as designated in the Schedule of Fees and Other Assignable Costs. Veterinarians within the City of Socorro shall surrender for verification copies of the unique-numbered vaccination certificates upon demand of an Animal Control Officer or any other person charged by the City with enforcement of this article.
(3) 
No person may remove any vaccination tag from one domestic animal to another, or manufacture or cause to be manufactured or to possess or control a stolen, counterfeit, or forged animal vaccination certificate or tag.
C. 
Suspected rabies. Any veterinarian who makes a clinical diagnosis of rabies and any person who reasonably suspects rabies in any animal, including domestic animals and wild animals, shall immediately report the same to the Animal Shelter and Adoption Center and New Mexico Department of Health, providing information about where and when such animal was seen and, if possible, where it may be found.
D. 
Exposure to rabies/biting. To ensure protection of the public health and welfare and control the spread of the rabies virus:
(1) 
Any person with knowledge that an animal has bitten a person shall immediately report the incident to the Animal Shelter and Adoption Center and the New Mexico Department of Health.
(2) 
Any physician or other health care professional who treats a person for an animal bite shall report such treatment to the Animal Shelter and Adoption Center and New Mexico Department of Health within 24 hours of such treatment.
(3) 
The report shall specify the name and home address of the person bitten, and the precise location of the bite on the person bitten.
E. 
Animal destruction or quarantine.
(1) 
In accordance with NMAC 7.4.2.10 et seq., any dog, cat, or other animal determined by the state as requiring the rabies vaccination, and which has bitten or otherwise exposed a person or another animal to the rabies virus shall be quarantined by confining it immediately and observing it in confinement for a period of 10 days from the date of the bite, at the owner's expense at a place and in a manner designated by the Animal Control Officer and approved by the New Mexico Department of Health. Upon the conclusion of the observation period, the animal shall be released in accordance with all other applicable provisions of this article if the animal does not show signs of infection with the rabies virus. If the animal shows signs of infection during the required period of confinement and observation, the animal shall be destroyed and its head sent to an appropriate laboratory for rabies testing.
(2) 
No person may remove or release an animal from a quarantine location during the observation period without the written consent of the Animal Control Officer.
(3) 
No person shall frustrate the quarantine of an animal during the observations period, including allowing other animals into the quarantine location.
F. 
Dead suspected rabid animals. Pick-up and disposal of rabid animals or animals suspected of infection with the rabies virus shall be handled by the Animal Control Officer in a manner consistent with state law.
A. 
Individual license. An individual license shall be required for any animal required by this article to have a license aged three months or older residing in the City of Socorro. A license will be valid for one year. A current rabies vaccination shall also be required. Persons applying for an animal license shall present a current rabies vaccination certificate and proof of current standard vaccinations. A current vaccination certificate and valid license issued by another municipality or political subdivision of the State of New Mexico shall be sufficient to meet the individual license requirement.
(1) 
The control of issuing animal licenses and tags shall be the responsibility of the Animal Shelter and Adoption Center or a designated agent under contract to the City of Socorro, who shall maintain a register containing the following information: date and number of each license and tag issued; name and address of the owner; type and date of antirabies vaccination; and expiration date of the license. Upon receiving proof of rabies vaccination and standard vaccinations, the agent shall issue to the dog owner a license and serially numbered tag. The license shall contain the information set forth above for the license register.
(2) 
The City Clerk may delegate authority and responsibility to the designated Animal Control Officer or a designated agent under contract to the City to assist in the issuance of license and tags, in which event, he or she shall assign licenses, tags and receipt books to the Animal Control Officer or designated agent. The City Clerk shall require monthly reports reflecting the register information pertaining to licenses and tags sold and an accounting of fees collected. A veterinarian may issue the license and tag as described in this section. The veterinarian issuing the license and tag shall be paid a service fee of $2, with the remainder of the license and tag fee, as reflected above, to be remitted to the City Clerk or a designated agent under contract to the City. The City Council reserves the right to change fees as required from time to time.
(3) 
Fees. The annual fee for scheduled licenses and tags shall be as set in the Schedule of Fees and Other Assignable Costs (Appendix A).
(4) 
The owner shall ensure that the animal wears the issued license tag attached to a collar or halter at all times.
(5) 
Senior citizens shall be levied annual license and tag fees of $2 for a dog. Residents presenting proof that they are 62 years of age or older shall qualify as senior citizens.
(6) 
If there is a change in owner of a licensed dog, the new owner may have the current license or tag transferred upon payment of a transfer fee of $1.
(7) 
Licenses will be available without cost for service animals with proof of rabies vaccination.
(8) 
If an issued license tag is lost or destroyed, the owner may obtain a replacement tag upon presentation of the license and the payment of a replacement fee of $1.
(9) 
All surcharges, license fees and fines imposed for animals, as provided in this article, that are collected by the designated agent under contract to the City of Socorro, shall be placed by the City in a separate fund. This fund shall be used solely to offset the costs of sterilization programs or to offset the cost of emergency veterinary care.
B. 
Potentially dangerous animal license. A potentially dangerous animal license shall be required for any animal deemed potentially dangerous within the City of Socorro. The license will be valid for one year. The owner must comply with the registration and handling requirements for the potentially dangerous animal to obtain the potentially dangerous animal license.
A. 
General provisions. The City of Socorro or its contractor shall administer a permit program. A permit is not a property right, and the City can refuse, revoke, suspend, or modify permits and impose conditions upon the issuance of permits. Permits are not transferable or refundable.
B. 
Conditional use permit. No person shall operate a boarding kennel, grooming parlor, pet shop, doggie day-care, refuge, shelter, guard dog site, animal rescue site, or hobby breeder site without a valid conditional use permit as defined in the City Zoning Ordinance. A person may obtain a permit under the following conditions:
(1) 
Payment of an annual permit fee at the City offices;
(2) 
Application for a conditional use permit from the Planning and Zoning Office; and
(3) 
Annual inspection by an Animal Control Officer of the premises used for keeping animals.
C. 
Hobby breeder permit. A hobby breeder permit shall be required for controlled breeding of dogs or cats, and no owner of any dog or cat within the City shall cause or allow a dog or cat to breed without first obtaining a permit, and subject to the following:
(1) 
The applicant for the permit must show a plot plan of the premises where the animals are to be kept, showing a minimum of two square feet per animal pound of accessible space; identify the number of cats and dogs that are proposed to be kept, including the number of which are to be kept predominantly or entirely outdoors; and identify the number and approximate location of any outdoor shelters on the premises;
(2) 
The hobby breeder permit number must appear in advertisements regarding the sale of any litter;
(3) 
The fee for a hobby breeder permit shall be $25 per year, in addition to any other fee required under this article; and
(4) 
The permit holder shall comply with all provisions of this article, and shall keep the premises for which the permit is issued free from any obnoxious, offensive, or unsanitary condition.
D. 
Intact animal permit. An intact animal permit is required to keep a dog or cat exempt from being sterilized as mandated by state law when released from an animal shelter. No person shall breed or allow to be bred a dog or cat for which an intact animal permit has been issued unless accompanied by a hobby breeder permit.
E. 
Litter permit. An owner who intentionally or unintentionally breeds dogs or cats and does not have a current hobby breeder's permit shall purchase a litter permit for each litter. The litter permit fee may be refunded at the time proof of sterilization of the female animal is submitted and verified by the Animal Control Officer no later than two months from the time the female dog or cat delivers a litter. The Litter Permit shall be required in addition to the license required in § 108-28A of this article.
(1) 
The owner of an intact female must obtain a litter permit prior to birth of a litter or within one week after the birth of a litter.
(2) 
No person shall apply for or obtain more than four litter permits per household in any consecutive twelve-month period.
(3) 
A litter permit is required to advertise any animal under the age of one year for sale, gift, barter, exchange, or give away in any local periodical or newspaper of general circulation. The litter permit number must be included in any advertisement of a member of the litter.
(4) 
An owner shall not advertise, sell, barter, exchange or give away any puppy or kitten under one year of age within municipal boundaries unless a litter permit or hobby breeder permit has been purchased.
(5) 
Litter permits expire two months from the date of issue.
(6) 
The Socorro Animal Shelter and Adoption Center may waive the litter permit fee for rescue groups and animal foster care providers.
(7) 
Puppies and kittens can only be sold, given as a gift, or transferred or conveyed in any other manner from the location listed on the litter permit. Puppies or kittens sold on public property or commercial property, even with the property owner's permission, are in violation of this section and may be seized.
(8) 
Puppies and kittens shall not be released from the permitted premises before eight weeks of age and not before they have been immunized against common diseases.
(9) 
An owner shall furnish the litter permit number or hobby breeder permit number to any prospective recipient requesting the number.
F. 
Multiple animal permit. Any person wishing to exceed the combined maximum limit of five dogs or cats in a household shall obtain a multiple animal permit.
(1) 
All dogs and cats at a multiple animal site shall be licensed. A fostered pregnant dog or cat and her eventual offspring are temporarily exempted from this requirement.
(2) 
No person shall be authorized to keep or maintain more than 15 dogs or cats at any multiple animal site, no more than four of which can be unsterilized, without obtaining, in writing, the additional consent and approval of the Animal Shelter and Adoption Center.
(3) 
Granting of multiple animal permits and any other required approvals shall be at the discretion of the Animal Shelter and Adoption Center.
(4) 
No permit shall be issued until an inspection by Animal Control has been completed and compliance with this article is achieved.
(5) 
A multiple animal permit may be revoked, modified, or suspended if an adjoining property owner is reasonably aggrieved by any effects of the multiple animal site.
G. 
Guard dog permit. The guard dog permit is required for all dogs trained as guard dogs, whether used by a business or an individual. The guard dog permit must be obtained in addition to the City dog license, which is required of all dogs.
(1) 
All losses, thefts, and transfers of ownership of a guard dog must be reported to the Animal Shelter and Adoption Center within five days.
(2) 
Guard dogs must wear both a license tag and a guard dog tag issued by the City on their collar at all times.
H. 
Potentially dangerous animal permit. A potentially dangerous animal permit shall be required for any animal deemed potentially dangerous within the City of Socorro. The permit will be valid for one year. The owner must comply with the registration and handling requirements for the potentially dangerous animal to obtain the potentially dangerous animal permit.[1]
[1]
Editor's Note: See § 108-33.
I. 
Wild/exotic animal permit.
(1) 
A wild/exotic animal permit shall be required for all persons who own, harbor, or keep any wild/exotic animal, as defined in this article. Further, all persons who own, harbor, or keep any protected species shall maintain all valid state or federal required permits therefor.
(2) 
Prohibited exotic or wild animals. No person shall own, harbor, or keep any species in violation of federal or state laws.
(3) 
New animal addition. If the number of exotic or wild animals in a collection increases as a result of the reproduction of members of the collection or if animals in the collection are replaced by animals of the same number and zoological species, an additional permit is not required during the permit year, provided the Animal Shelter and Adoption Center is notified in writing within 30 days of the addition of the new animal(s).
(4) 
Health requirements. Exotic or wild animal owners must submit a health certificate from a veterinarian to the Socorro Animal Shelter and Adoption Center within 14 days of acquisition of the animal. The health certificate must certify that the animal is in good health and has been vaccinated as appropriate for the species.
(5) 
Wild/exotic animal permit requirements.
(a) 
In addition to the professional animal facilities and care standard requirements for the permitted premises required by this section, wild/exotic animals shall be kept and cared for in a manner that does not constitute a nuisance or endanger the safety of any other animal, person, property, or the animal itself.
(b) 
The holder of a permit for wild/exotic animal(s) must notify Animal Control in writing within 30 days if the owner changes his/her residence of the location of the exotic or wild animals, or sells, or otherwise disposes of any of the animal(s) for which the wild/exotic animal permit was issued.
(6) 
Impoundment. The Animal Control Officer may impound a wild/exotic animal for an owner's failure to comply with this section and shall use the impound procedure set out in this article for potentially dangerous animals if the wild/exotic animal may be a danger to other animals, persons or property.
(7) 
Exclusion. Notwithstanding the above, zoological parks, veterinary hospitals, humane societies, animal shelters, public laboratories, circuses, sideshows, and educational and scientific facilities are excluded from the provision of this section, provided that the excluded facilities use protective devices adequate to prevent the wild/exotic animal from escaping or injuring the public or the animal itself.
J. 
Posting of valid permits.
(1) 
The valid required permit shall be posted in a conspicuous place at each permitted premises.
(2) 
This provision shall apply to all relevant permits issued pursuant to this article, including but not limited to litter permits, hobby breeder permits, multiple animal permits, potentially dangerous animal permits, wild/exotic animal permits, guard dog permits, and conditional use permits.
(3) 
A permit holder shall notify the Animal Shelter and Adoption Center of any changes in operations that may affect the status of any permit issued pursuant to this article and shall keep the Animal Shelter and Adoption Center informed of all changes in name, location, address, and home and business telephone number of the site, and activities covered by the permit.
(4) 
Both the person in charge of a permitted premises and the owner of the permitted premises shall be responsible for complying with this section.
(5) 
At each permitted premises, a current record shall be kept that describes all animals owned, purchased, or received, and the final disposition of each animal.
(6) 
Permits shall expire one year after the date of issuance of the permit. An application for renewal shall be filed at the Animal Shelter and Adoption Center 30 days before the date of expiration. The fees and application and inspection procedures for permit renewals shall be the same as those for new applications. Failure to renew permits as specified shall result in the expiration of the permit or in the assessment of a 5% late fee.
K. 
Access to permitted premises. Upon presentation of proper identification, and at any reasonable time, the Animal Control Officer shall be allowed to enter any permitted premises for the purpose of making inspections to determine compliance with this article. The person in charge of the permitted premises shall be allowed to accompany the Animal Control Officer on the inspection. The Animal Control Officer shall prepare a written inspection report that shall state whether or not the permitted premises is in compliance with or in violation of this article. If the premises are found to be not in compliance, the report shall specify the nature of the noncompliance. A copy of the inspection report shall be furnished to the person in charge of the property in violation.
L. 
Permit approval. Within 10 days of receipt of an application for a permit, the Planning and Zoning Office shall review the application, if applicable, and the Animal Control Officer shall inspect the premises to determine whether it complies with the standards established in this article. The applicant shall be notified in writing by the Socorro Animal Shelter Office of approval or denial of the permit application. The Socorro Animal Shelter Office shall approve an application only if it is determined that:
(1) 
The standards established by this article and other applicable laws and regulations have been met; and
(2) 
The issuance of a permit will not result in activity that presents a danger to the public health, safety or welfare, or a danger or nuisance to the neighborhood.
M. 
Revocation of permit.
(1) 
Any permit issued may be revoked if any of the following conditions exist:
(a) 
The permit holder has violated any City ordinances or New Mexico laws relating to the keeping, care, or use of any animal;
(b) 
The permit holder has failed to comply with any condition or requirement of the permit or has failed to pay any fee required by this article;
(c) 
The permit holder refuses to allow inspection, on 48 hours written notice, of any animal covered by the permit or the premises in which the animal is kept;
(d) 
The permit holder has transferred, sold, or otherwise disposed of the animals for which a permit was issued.
(2) 
If the Animal Control Officer or other law enforcement officer concludes that there is probable cause to believe that one or more of the above grounds for revocation has occurred, he or she shall give written notice of revocation to the permit holder. Upon revocation of any permit under this article, the permit holder shall be notified by personal service or by certified, first class United States Mail. The notice shall set forth the basis for revocation of the permit.
N. 
Appeals. The permit holder may appeal the decision of revocation. The appeal must be delivered in writing to the office of the City Clerk within 10 calendar days after the date of service of the notice of revocation of the permit. If the notice of revocation was served via mail only, three additional days must be added to the appeal period. The City Clerk shall set the time and place for a hearing before the City Council and shall notify the permit holder of the hearing at least 10 business days before the date of the council meeting. The decision of the City Council shall be final. Any person whose permit is revoked after the appeals process is exhausted shall, within 10 days, humanely dispose of all animals owned, kept or harbored. No part of the permit fee shall be refunded.
A. 
No person or any one household shall own, harbor, maintain, or keep more than a combined total of five dogs and/or cats in any combination thereof over the age of three months without a valid hobby breeder permit or multiple animal permit.
B. 
A household may have up to five dogs or cats or any combination thereof provided that none are intact.
C. 
No person or household shall permit or allow the breeding of a dog or cat without a valid litter permit or hobby breeder permit.
The owner or custodial person shall be responsible for the care and maintenance of an animal, including but not limited to domestic animals, canine hybrids, cocks, guard dogs, potentially dangerous animals, service animals and wild/exotic animals. An owner or custodian of any animal shall have the following obligations in regard to the care and maintenance of each animal:
A. 
Owner or custodian of an animal shall provide the animal with:
(1) 
Food. Animals shall be provided with uncontaminated, edible, nutritious food, in adequate quantity to maintain the normal weight and condition of a healthy animal. Additionally, the amount of food administered must properly conform to the individual animal's age and condition. All food containers shall be kept clean; and
(2) 
Water. Animals shall be provided with constant access to a supply of potable water in sufficient amount to maintain good health as required by the species whether animals are outdoors or indoors, except as directed by a veterinarian; and
(3) 
Shelter and shade. Outside housing shall protect animals from weather that may be detrimental to the health and comfort of the animal. Animals that are not allowed free access to the household must be provided with adequate shelter and shade. A shelter alone shall not constitute adequate shade under this section, because a structure that provides adequate shelter might not provide adequate shade: for example, a dog house that protects the dog from wind and rain may be too hot inside when exposed to direct sunlight during warmer months, so shade must also be provided. Outside housing shall protect animals from any extreme weather conditions that may be detrimental to the health or comfort of the animals; and
(4) 
Ventilation. Ventilation must be sufficient to provide for the health and safety of the animal and prevent strong odors from forming; and
(5) 
Veterinary medical care. Owner shall provide regular basic and emergency medical care for all their animals. No person shall keep an animal that is seriously sick or injured without providing proper veterinary care to the animal. The Animal Control Officer may require a letter of health evaluation from a veterinarian describing the condition of the animal; and
(6) 
Cleaning and grooming. Basic cleaning and grooming shall be provided as necessary for the health and general welfare of the animal. Grooming the coat on most animals is necessary to ensure the coat is not matted to the point that it becomes so heavy as to cause skin irritation or trap fecal matter. The animal shall not be so dirty as to provide a home for parasites and insects, and no animal shall be allowed to have a foreign object imbedded in its skin, fur or hair other than a microchip for domestic animals; and
(7) 
Shall not confine an animal in conditions likely to cause it to become unmanageable and potentially dangerous.
B. 
No person shall leave an animal in an enclosed vehicle or upon a vehicle in conditions that could result in danger to or death of the animal due to heat exposure. If an Animal Control Officer determines that an animal in an enclosed vehicle is in immediate danger, the Animal Control Officer may enter the vehicle to rescue the endangered animal by any means necessary, without being liable to the owner of the vehicle. The Animal Control Officer may take any animal rescued in this manner into protective custody.
A. 
Animals on owner's property. Any animal not deemed potentially dangerous on its owner's property shall be:
(1) 
Placed in a secure run with access to food, water, shelter, and shade; or
(2) 
Kept within a secure enclosure, as defined in this article, surrounding the owner's premises or a portion thereof, or
(3) 
Kept under the immediate physical control of a person capable of restraining the animal; or
(4) 
Confined through means of an electronic barrier collar system if the animal is properly trained, and the electronic system is functioning properly; or
(5) 
Dogs not within a secure enclosure may be restrained by means of a trolley system, only if the following conditions are met:
(a) 
Only one dog may be tethered to each cable run; and
(b) 
The device must be attached to a pulley on a cable run or trolley; and
(c) 
There must be a swivel on a T-stone end of the tether to minimize tangling of the tether; and
(d) 
The tether and cable run must be of adequate size and strength to effectively restrain the dog. The size and weight of the tether must not be excessive, as determined by the Animal Control Officer, considering the age, size and health of the dog; and
(e) 
The cable run must be at least 10 feet in length and mounted either at ground level or at least four feet above ground level; and
(f) 
The tether must be a minimum of 10 feet in length and not allow the dog to move beyond the legal boundary of the property; and
(g) 
The device must be affixed to a dog by use of a nonabrasive, comfortably fitted collar or harness; and
(h) 
The device must be fastened so that the dog can sit, walk, and lie down comfortably, and must be unobstructed by objects that may cause the device or dog to become entangled or strangled; and
(i) 
The dog must have easy access to adequate shade, shelter, food, and potable water; and
(j) 
The area where the dog is confined must be kept free of garbage and other debris that might endanger the dog's health or safety. Feces shall be cleaned up regularly, but not less than once a week; and
(k) 
The area where the dog is confined must be kept free of insect infestation, such as anthills, wasp nests, and flea, tick, and maggot infestations.
B. 
Animals off owner's property.
(1) 
Any animal off of its owner's property shall be kept on a leash at all times in compliance with this article, and under the immediate physical control of a person capable of restraining the animal.
(2) 
Animals are prohibited from being placed in the back of any motor vehicle, truck bed or trailer unless such animal is confined and no portion of the animal's head protrudes beyond the outer boundaries of the motor vehicle, truck bed, or trailer.
(3) 
Animals shall not be kept in or upon any vehicle without the ability to seek shelter from direct rays of the sun when temperatures exceed 95° F., from wind, and from freezing precipitation.
C. 
Confinement during estrus. While a female domestic animal is in estrus, that animal shall be isolated and protected from interaction with unsterilized male domestic animals of the same species unless breeding is intended consistent with the requirements of this article, and a litter permit or hobby breeder permit has been purchased as specified in this article.
D. 
Guard dog(s).
(1) 
The premises where a guard dog is housed or is on-duty shall be enclosed and secured to prevent escape of the guard dog and injury to the public.
(2) 
All premises in which a trained guard dog is kept must display a sign or notice (12 inches by 12 inches minimum) that must be conspicuously displayed, warning the public of the presence of the trained guard dog. The sign shall state "Guard Dog" or "Guardia" and show a picture of an aggressive dog. The warning signs shall not be posted more than 200 feet apart on the exterior walls or fences surrounding the premises, and shall be posted at all exterior corners and at all entrances. The premises shall be enclosed and secure to prevent escape of the guard dog and injury to the public.
(3) 
Vehicles used to transport any guard dog, and vehicles protected by any guard dog shall be secured to prevent escape of the animal and injury to the public. Any such vehicle shall be conspicuously posted with warning signs.
E. 
Wild/exotic animal(s). Any wild/exotic animal kept as part of an animal exhibit shall be kept within a secure enclosure, or so restrained by other means to prevent the animal from leaving the owner's premises or presenting a danger to the general public.
F. 
Owner's liability. Nothing in this section shall be construed as allowing any animal to commit an act deemed unlawful in this article. The owner shall be liable for any such acts by an animal, even if it is under physical restraint.
Any owner of an animal determined to be potentially dangerous shall be required to comply with the following registration and handling requirements for the animal. The owner of the animal must also obtain a potentially dangerous animal permit within 30 days of such determination or the animal must be humanely destroyed. The potentially dangerous animal permit will be valid for one year if the owner establishes the following:
A. 
The owner is able to keep the animal under control at all times; and
B. 
The animal has a current rabies vaccination; and
C. 
The owner has a proper enclosure for the animal; and
D. 
If the animal is a dog or cat, proof that the animal is sterilized; and
E. 
The animal does not attack any person or other domestic animal at any time and without provocation; and
F. 
If the animal is a dog, the owner has entered the dog in a socialization and behavior program approved by the Animal Shelter and Adoption Center.
G. 
Minimum enclosure for potentially dangerous animals. Minimum enclosure for potentially dangerous animals means confinement indoors or secure confinement in a locked pen, fenced yard or structure measuring at least six feet in width, 12 feet in length, six feet in height, with secure sides and capped if there is a possibility that the animal can climb the fence. Proper protection from the elements for the animal must be provided. The enclosure must be suitable to prevent the animal from escaping the confined area and unauthorized persons from entering the confined area.
H. 
Exceptions for potentially dangerous animals. An animal shall not be declared a potentially dangerous animal if:
(1) 
The animal was used by a law enforcement official for legitimate law enforcement purposes;
(2) 
The threat, injury, or damage was sustained by a person or domestic animal that was provoking, tormenting, abusing or assaulting the animal or had repeatedly, in the past, provoked, tormented, abused or assaulted the animal; or
(3) 
The animal was responding to pain or injury, protecting itself or its offspring, or protecting or defending a human being or domestic animal from an imminent, unlawful attack or assault.
A. 
Standards. Inspection standards for a conditional use permit required for all persons who are operating a professional animal establishment such as a boarding kennel, grooming parlor, doggie day-care, pet shop, refuge, animal shelter, or animal rescue site shall include, but are not limited to, the following:
(1) 
Animal housing facilities shall be structurally sound and constructed of nontoxic materials. Interior floors shall be smooth, easily cleanable, and impervious to water. The premises shall be kept clean, sanitary and in good repair in a manner which will protect animals from disease and injury; and
(2) 
Indoor and outdoor facilities must meet the definitions of secure enclosure; and
(3) 
Outdoor facilities must provide shade from the sun and shelter from rain or snow. Adequate drainage must be provided; and
(4) 
Animals maintained in pens, cages or runs for periods exceeding 24 hours shall be provided with adequate space to prevent overcrowding and to maintain normal exercise according to species. Temporary enclosures must be large enough for the animals to standup, lie down and stretch out comfortably. Such cages holding cats must contain a litter box; and
(5) 
Adequate weatherproof housing shall be provided with proper ventilation and temperature, and sufficient lighting and shade. Ventilation must be such that there are no strong odors; and
(6) 
Provisions shall be made for the timely removal and proper disposal of animal and food waste, soiled bedding, dead animals and debris. Feces and urine shall be removed as necessary to prevent the animals from becoming soiled and to prevent odors but under no circumstances less than two times each day. Animals shall be removed from cages and protected from water and cleaning agents during cleaning. Adequate drainage shall be maintained. Disposal facilities shall be operated in a manner which will minimize vermin infestation, odors, and disease; and
(7) 
Excessive and nighttime noise shall be eliminated; and
(8) 
Unsterilized adult animals shall be segregated by sex, except where otherwise indicated for health, welfare or breeding purposes. Animals shall be housed in compatible groups; and
(9) 
Vicious, diseased, injured, or potentially dangerous animals shall be caged individually; and
(10) 
Animals shall be provided with clean, fresh, sufficient and wholesome food and water. Food and water containers shall be kept clean; and
(11) 
Sanitary, pest-free storage of food and bedding shall be provided; and
(12) 
Each animal shall be observed daily by the person in charge. Programs for disease control and prevention shall be maintained and sick, diseased, injured, lame, or blind animals shall be provided with appropriate veterinary care.
No person shall keep or maintain a potentially dangerous animal, as defined in this article, unless all requirements for permits have been met as set forth in § 108-33.
No person shall keep or harbor a dangerous animal as defined in this article.
A. 
No person shall keep or harbor on any private or public property within the municipal boundary of the City of Socorro any wild or exotic animal of a species that in its natural life is dangerous or ferocious or protected by state or federal law, unless the person holds a valid City business license for an animal exhibit or a wild/exotic animal permit, as defined in this article, or has a valid state or federal permit for protected species.
B. 
Any person who lawfully holds or keeps a wild/exotic animal as defined by this article prior to the effective date of this ordinance may maintain that individual animal until its death under the following conditions:
(1) 
Submission of an application for a wild/exotic animal permit within 60 days of the effective date of this article and payment of the annual permit fee; and
(2) 
Provision of adequate facilities to prevent the animal from escaping, injuring the public, or creating a public nuisance; and
(3) 
Compliance with all applicable requirements set forth in this article.
(4) 
No additional Wild/Exotic Animals may be added to the premises by acquisition or breeding as of the effective date of this article.
C. 
This section shall not apply to municipal zoos and aquarium facilities, veterinary facilities, or individuals holding a valid State of New Mexico Wildlife Rehabilitation or Educational Use Permit.
A. 
No person shall own, harbor, keep, sell, offer for sale, or freely give any canine hybrid, as defined in this article, within the municipal boundary of the City.
B. 
Any person who lawfully holds or keeps a canine hybrid as defined by this article prior to the effective date of this article may maintain that individual animal until its death subject to appropriate confinement requirements and under the following conditions:
(1) 
Submission of an application for a wild/exotic animal permit within 60 days of the effective date of this article and payment of the annual permit fee; and
(2) 
Provision of adequate facilities to prevent the animal from escaping, injuring the public, or creating a public nuisance; and
(3) 
Compliance with all applicable requirements set forth in this article; and
(4) 
No additional wild/exotic animals may be added to the premises by acquisition or breeding as of the effective date of this article; and
(5) 
The containment facility used for housing a canine hybrid shall be open to annual inspection by an Animal Control Officer; and
(6) 
Any canine hybrid owned, held or kept lawfully pursuant to § 108-37B shall not be replaced once sold, moved to a different location, or upon its death. All such canine hybrids must be sterilized.
In conformance with NMSA (1978) Section 30-18-1:
A. 
It is unlawful for a person to recklessly, willfully, or maliciously kill, maim, disfigure, or torture; beat with a stick, chain, club or other object; mutilate, burn or scald with any substance; overwork, torment, harass, poison or otherwise cruelly harm any animal, except that reasonable force may be used to drive off vicious, dangerous, or trespassing animals. When a law enforcement or Animal Control Officer has probable cause to believe that an animal has been cruelly treated, the officer may impound the animal for its protection pending appropriate court proceedings.
B. 
It is unlawful for a person to abandon, neglect, or fail to provide necessary sustenance to any animal under that person's custody or control, including nutritious food, potable water, and access to adequate shade and shelter.
C. 
It is unlawful for any person to tease, harass, annoy, disturb, molest, threaten, or hit any animal that is on the property of its owner, or under the control of its owner.
D. 
It is unlawful for any person to entice, or lure any animal out of an enclosure or off the property of its owner or caretaker or to seize any animal while the animal is on the property of its owner or caretaker, except a law enforcement officer or Animal Control Officer, in the otherwise lawful performances of his/her duties.
E. 
Notwithstanding the foregoing prohibition, it shall not be violation of this article:
(1) 
To use reasonable force to protect a person or animal from death or injury due to an attack by another trespassing animal or vermin;
(2) 
To eradicate or destroy vermin;
(3) 
For the owner of an animal to have the animal humanely destroyed;
(4) 
For a law enforcement officer or veterinarian to humanely destroy an animal in an emergency situation when such destruction is reasonably required to protect public health and safety, to relieve the suffering of a mortally wounded or injured animal, and where destruction is allowed by state law. There shall be no liability of the law enforcement officer or the veterinarian for such acts;
(5) 
To engage in legal hunting practices as allowed by state wildlife authorities.
No person, other than a law enforcement or Animal Control Officer, shall retain possession of any animal which is not his/her property without the consent of the animal's owner, if there is evidence of ownership, or retain possession of any animal for more than 24 hours without reporting the possession of such animal to an Animal Control Officer. Such a person shall provide his name, address, and telephone number if available, location of the animal, and a true and complete statement of the circumstances under which the animal came into his/her possession.
No person shall intentionally abandon any animal in a location where any reasonable person would know the animal has little chance of finding food, potable water, and shelter. No person shall dump or release an animal anywhere in the City or leave an animal behind when the person moves.
A. 
Protective custody. Whenever the Animal Control Officer finds that an animal is or will be without proper care because the owner is injured, ill, incarcerated, or absent, the Animal Control Officer may seize the animal using any legal means reasonably necessary under the circumstances for the sole purpose of placing it in protective custody for a period not to exceed 15 days. While the animal is in protective custody, and upon the advice of a veterinarian, the Animal Shelter and Adoption Center may take any action necessary and/or legal to prevent undue pain and suffering to the animal, including the humane destruction of the animal.
B. 
Reclamation and disposition of unclaimed animals. Within the 15 day period, the owner/custodian may petition the Animal Shelter and Adoption Center to reclaim the animal by paying all related costs incurred by the City and showing that the reason warranting protective custody has been remedied. Animals not reclaimed by the owner at the expiration of the period of protective custody shall be deemed to be the property of the City following the mailing or other delivery of written notice to the owner, and the Animal Shelter and Adoption Center may place the animal for adoption or otherwise dispose of it in accordance with the provisions of this article.
No person shall cause or permit any animal to run at large, as defined in this article.
A. 
Animal noise and odor. No owner or custodian of an animal shall allow the animal to persistently or continuously bark, howl or make noise common to its species to the extent that it causes a nuisance or otherwise unreasonably disturbs the peace and quiet of the inhabitants of the City, nor keep or maintain any animal in any manner so as to disturb the general peace and quiet, nor keep any animal in conditions so as to result in noxious or offensive odors or accumulations of feces, urine or other bodily wastes, nor otherwise endanger the general health, safety, or welfare of the inhabitants of the City. Private criminal complaints may be filed in the municipal court by any citizen affected by an animal disturbing the peace. Animal Control and law enforcement officers have authority to enforce this section and may issue a citation for violation of this section. If the violation of this section is witnessed by an officer, that officer shall become the complainant and the officer's name shall appear as a witness. Penalties for any violation of this section shall be established in Chapter 1, Article III, Penalties, of the Socorro City Code § 108-21, and the Schedule of Fees and Other Assignable Costs (Appendix A).
B. 
Defecation/urination.
(1) 
No owner of any animal shall allow a dog or cat to defecate upon public property or upon any private property other than the property of the animal's owner without thoroughly removing and disposing of the feces.
(2) 
No owner of an animal shall allow the feces or urine of the animal to accumulate on his/her or another's property so as to become a public nuisance and/or a danger to the animal or the public health, safety, or welfare.
In conformance with NMSA (1978) Section 30-18-9:
A. 
No person shall promote, stage, hold, manage, conduct, train for, carry on, or attend any game, exhibition, contest or fight in which any animal participates for the purpose of injuring, killing, maiming or destroying itself or any other animal.
B. 
No person shall own, possess, rear, breed, train, buy, sell, transport, or advertise or otherwise offer to sell any fighting cock, fighting dog, or other fighting animal.
C. 
No person shall be present at any such fight without attempting to contact police and an Animal Control Officer.
D. 
It is unlawful to own, equip, or sponsor an animal for the purpose of having it participate in animal fighting, including for purposes of monetary gain or entertainment.
E. 
No person shall provoke or entice an animal from the property of its owner or keeper for the purpose of engaging the animal in an animal fight.
F. 
No person shall sell, receive, possess, transport, loan, or give away any animal fighting paraphernalia.
A. 
General. No person shall make accessible to any animal, with the intent to cause harm or death, any substance which contains, has been treated with, or has been prepared with a harmful poisonous substance. Such poisoning shall constitute extreme cruelty to an animal as pursuant to NMSA (1978) Section 30-18-1.E.
B. 
Exception. This section does not apply to the placement of such substances in order to control vermin, i.e., rats, mice, moles, gophers, which are a threat to public health, nor does it apply to the use of substances for the humane destruction of animals in accordance with the provisions of this article.
A. 
Domestic animals. An owner who intentionally or unintentionally breeds domestic animals and does not have a current hobby breeder's permit shall purchase a valid litter permit for each litter prior to the sale and display of animals. See § 108-29E of this article.
B. 
Pet stores. Pet stores shall not sell commercially bred dogs and cats. Nothing in this article shall prevent an outlet that does not sell dogs or cats from providing temporary space and appropriate humane and temporary care for dogs and cats legally possessed by a publicly operated animal control facility or animal shelter or duly authorized private humane, rescue, or similar organization for the sole purpose of offering such dogs and cats for adoption by the public.
C. 
Animal exhibits. No person shall operate, conduct, or maintain any animal exhibit as defined in this article, permanent or temporary, except in conformance with any and all governing state and federal laws and regulations, and without first having obtained a valid City business license.
D. 
Turtles. No person shall display, sell, offer for sale, barter, auction, give away, or otherwise dispose of any turtle except in conformance with appropriate state and federal laws and regulations.
E. 
Guard dogs for sale or rent. All business establishments used in training, selling, or renting guard dogs must provide their patrons notice advising their patrons and customers of all rules and regulations that apply to the presence of the guard dogs.
A. 
Public access. Notwithstanding any other provision of law, no qualified service animal shall be denied admittance to any building, facility, or accommodation open to the general public, including, but not limited to, restaurants, hotels, motels, hospitals, clinics, swimming pools, stores, common carriers, and theaters provided that the qualified service animal is under the immediate control of a person who needs the animal.
B. 
Interference.
(1) 
No person shall intentionally or negligently interfere with the use of a qualified service animal by means of harassment or obstruction.
(2) 
No person shall intentionally or negligently allow an animal owned or controlled by him/her to interfere with the use of a qualified service animal by means of harassment or obstruction.
C. 
Private property. The provisions of this section shall not apply to animals on private property and which is not open to the general public.
A. 
Tampering with traps and equipment. No person shall remove, alter, damage or otherwise tamper with a trap or equipment belonging to or set out by the Animal Control Officer or Animal Shelter and Adoption Center.
B. 
Interference with Animal Control Officer. No person shall threaten, hinder, or interfere in any manner with the Animal Control Officer in the performance of any duties prescribed by this article.
No person shall allow an unrestrained animal access to any unenclosed premises so that the animal is physically able to leave the owner's property.
No person shall transfer any rabies tag or license from one animal to another, or possess, manufacture, or use any stolen, counterfeit, or forged license, certificate, or tag.
Direct point chaining, or tethering of dogs to a stationary object, is prohibited.