[HISTORY: Adopted by the Board of County Commissioners of
Otero County as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 170.
STATE LAW REFERENCES
Vaccination of dogs and cats required — See
NMSA 1978, § 77-1-3.
Searches and seizures — See N.M. Const. Art. II, § 10.
[Adopted 10-18-2007 by Ord. No. 07-06]
[Amended 3-13-2014 by Ord. No. 14-04]
This article may be cited as the "County of Otero Genera Ordinance."
A.Â
RELEASE
As used
in this article, the following terms shall have the meanings indicated:
The act of setting free to roam at large.
B.Â
As used
herein, the phrase "predatory animals of genera Canis lupus, including
Canis lupus baileyi (e.g., Mexican wolf and/or Southwestern wolf),
Ursus (e.g., grizzly bear) and Felis (e.g., jaguar)" shall exclude
the following: domestic feral cats that have been spayed and returned
to the wild.
[Amended 3-13-2014 by Ord. No. 14-04]
[Amended 3-13-2014 by Ord. No. 14-04]
It shall be unlawful to import for release into the wild, or
release into the wild, within Otero County or into the adjacent region
surrounding Otero County predatory animals of the genera Canis lupus,
including Canis lupus baileyi (e.g., Mexican wolf and/or Southwestern
wolf), Ursus (e.g., grizzly bear) and Felis (e.g., jaguar).
Any person, firm or entity convicted of a violation of the provisions of § 105-3 of this article shall be deemed guilty of a petty misdemeanor and, upon conviction, shall be punished by a fine of not more than $300 and/or imprisonment of no more than 90 days, or both, for each offense.
[Adopted 12-13-2012 by Ord. No. 12-05]
A.Â
This article may be cited as the "Otero County Animal Control Ordinance"
and is referred to hereinafter as "this article."
B.Â
It is the intent of the Board of County Commissioners that enactment
of this article will protect animals from neglect and abuse, will
protect residents from annoyance and injury, will encourage responsible
ownership of animals as pets, and will assist in providing housing
for animals in an animal shelter. It is the intent of the Board of
County Commissioners to organize and utilize advisory groups to assist
with improving public awareness about subjects pertaining to the enactment
of this article.
As stated in this article, the following definitions shall apply
unless otherwise specified:
To leave an animal for more than 24 hours without making
effective provisions for its proper feeding, watering, shelter and
care on one's premises, or to dump or leave off any animal on
property other than one's own without the consent of the owner
of the property where the domestic animal is left and without making
provision for the adequate feeding, watering and shelter of the domestic
animal.
The retrieval of any animal from the County-designated animal
shelter by choice and assumes responsibility for proper care in accordance
with this article.
Any vertebrate member of the animal kingdom except humans.
The Sheriff of Otero County or any person designated as such
by the Otero County Sheriff who shall be deputized to enforce animal
control laws, orders, ordinances and regulations or any person designated
as the Otero County Animal Control Unit Officer.
The staff, facility, programs, pound, lot, premises, and
buildings maintained by the County, or its agent, for the implementation
of the control and care of animals.
Any fight between cocks or other birds, or between dogs,
bulls, bears or any other animals, or between any such animal and
a person or persons.
Any animal habitually or continuously barking, howling, or
otherwise disturbing the inhabitants of Otero County, or are kept
and/or maintained in a manner as to disturb by noxious or offensive
odors, or otherwise endanger the health and welfare of the inhabitants
of Otero County.
To bite or scratch or chase.
An actual puncture, tear, or piercing of the skin or clothing
inflicted by the teeth of an animal. A scratch inflicted by the claws
of an animal that results in tearing of flesh or clothing will also
be treated as a bite for the purposes of quarantine.
Permitting, either intentionally or unintentionally, a female
dog or cat to produce offspring.
Any animal which, because of its pure wolf or pure coyote
ancestry, cannot be vaccinated against rabies effectively.
Detainment or isolation of an animal, securely fenced, kenneled
or caged.
The unincorporated areas within the jurisdictional boundaries
of the County of Otero.
The County Manager of Otero County or his/her designated
representative(s).
Care/or responsibility. It does not mean physical control,
confinement or restraint.
Any of the following:
Includes dogs, cats, wolf hybrids, coyote hybrids, domestic
ferrets and other animals commonly known and kept as domestic pets.
A parcel of land completely surrounded at the perimeter by
a wall or fence of sufficient height and strength to contain animals
within or by an electric or invisible fencing that effectively contains
the animal.
A place of business together with its grounds and equipment.
An animal of a species not commonly kept as a household pet
or for food and fiber production. Exotic animals may or may not be
native to the area and may or may not be governed by existing wildlife
regulations. Exotic animals include, but are not limited to, tigers,
lions, cheetahs, leopards and other wild cats, snakes, alligators,
crocodiles, bears, wolves, foxes, coyotes, or nonhuman primates.
An establishment or part thereof maintained for the purpose
of performing cosmetic services for animals, including, but not limited
to, bathing, brushing, grooming and nail trimming.
A dog that is used to protect a commercial property, but
excludes a dog used exclusively to guard livestock.
To allow stray animals to accumulate on one's premises
by feeding them without making effective provisions as required by
this article for their restraint, vaccinations, socialization, sterilization
or other care.
One or more individuals, related or not, occupying the premises
and/or residing at one street address.
The taking into custody or confinement in a facility designated
for the keeping or confinement of such animals.
A commercial establishment operating where dogs or cats are
boarded, kept, or maintained; or sold or bred for either resale to
commercial outlets or for the purposes of research, testing, or laboratory
experimentation.
Horses, cattle, llamas, pigs, sheep, goats, rabbits, fowl,
ratites, or any other domestic animals typically used in the production
of food, fiber, or other products or activities defined by the County
Commission or their designee as agricultural. Livestock are exempt
from articles included in this article unless specifically addressed
as applies to article.
A passive electronic device that is injected into an animal
by means of a hypodermic-type syringe device. Each microchip shall
contain a unique and original number that is read by an electronic
scanning device for purposes of animal identification and recovery
by the animal's owners.
An electronic scanner with an operating frequency that is
able to detect a microchip that has been implanted in an animal and
displays the number of the microchip to its operator.
A person 18 years of age or older or the parent or guardian
of a person under 18 years of age, group of persons, or business entity
who owns, harbors, keeps an animal, has one in his care, or permits
any animal to remain on or about the premises owned or controlled
by him. "Owner" shall also mean any governmental entity owning, keeping,
or harboring any animal which has been kept in captivity or confinement
for more than 30 consecutive days.
An individual, household, firm, partnership, corporation,
company, society, association or legal entity and every officer, agent
or employee thereof.
Any premises, or part thereof, open to the public which engages
in the purchase, sale, exchange or hire of animals of any type, except
the term shall not apply to shelters or premises used exclusively
for the sale of livestock.
Any chicken, duck, goose, turkey or similar bird.
A parcel of land and the structures thereon.
Any kennel, grooming parlor, or pet shops with the exception
of state inspected veterinary hospitals and federally inspected laboratory
facilities and zoos.
A dog trained or being trained by a recognized school for training
dogs to assist persons with disabilities; or
An animal recognized as a service animal pursuant to the Americans
with Disabilities Act of 1990; or
Any other animal approved by the Governor's Committee on
Concerns of the Handicapped as acceptable in public places and trained
to provide some special assistance to a person with a disability.
Detention or isolation of an animal in order to observe for
rabies.
Any animal which has been exposed to or is suspected of having
been exposed to rabies through a bite by any other animal or through
contact with any other animal known or reasonably suspected to be
infected with rabies. Any such animal is subject to state regulation
and/or statute.
The retrieval of a domestic animal from the animal shelter
by its owner or responsible person.
To legally set free from danger.
Keeping any animal under the immediate control of a responsible
person on a leash or lead.
Being on private or public property other than that belonging
to, occupied by, or controlled by the owner of the animal and the
animal is not under the physical control of the owner or not obedient
to the owner's commands.
A nonprofit animal facility operated by the County or member
of a recognized animal humane association for the purpose of bringing
aid and comfort to five or more dogs or cats, and where animals are
not bred.
The Otero County Sheriff or his/her designee.
To be rendered permanently incapable of reproduction.
A fee that is charged by the animal shelter when a person
reclaims, adopts or rescues an unsterilized animal.
An animal found running at large.
To tie an animal with a rope or chain to restrict its movement.
Protection provided against rabies by inoculation with a
vaccine as required by NMSA 1978, § 77-1-3.
Any animal that without provocation attacks, bites, seriously
injures or kills a person or other animal. Any animal that without
provocation has bitten or attacked a human being or other animal shall
be prima facie presumed vicious.
A living creature that is untamed or domesticated in a natural
state.
A.Â
Animal vaccinations.
(1)Â
No person shall keep, own, or harbor any member of the canine or
feline species over 12 weeks of age within this County unless that
dog or cat is vaccinated against rabies. Every such dog or cat shall
be vaccinated against rabies within 30 days upon any person harboring
owning or taking custody of said animal. Upon request or demand by
the Sheriff or his designee, every owner shall provide proof of the
animal's rabies vaccination. Any veterinarian who vaccinates
domestic animals for rabies shall issue a serially numbered tag and
certificate for each vaccination. Each domestic animal must be revaccinated
before the expiration of the first and each subsequent rabies vaccination
period.
(2)Â
No person may keep any domestic animal with any symptom of rabies.
Any person observing an animal with any symptom of rabies shall notify
the Animal Control Officer or the Otero County Sheriff's Department
immediately.
B.Â
Sterilization.
(1)Â
Sterilization is recommended for dogs and cats over the age of six
months.
(2)Â
Every dog or cat reclaimed, adopted or rescued from the County animal
control shelter shall be spayed or neutered by a licensed veterinarian
at the expense of the responsible party or obtain an intact animal
permit.
(3)Â
In addition to any other lawful fees due, any person reclaiming a
dog or cat from the County shelter shall pay a sterilization fee equivalent
to the County's actual cost for sterilization plus a five-percent
administrative fee for the County animal shelter provider.
C.Â
Sterilization agreement and deposit required.
(2)Â
In addition to any adoption fee charged, a sterilization deposit
of at least $25 shall be imposed on the adoption of each animal from
an animal shelter.
(3)Â
Animals less than six months of age shall be released only upon payment
of the adoption fee and a sterilization deposit and after the adopting
person has signed an agreement stating he will have the adopted animal
sterilized when it is no older than six months of age.
(4)Â
Adult animals over the age of six months shall be released only upon
payment of the adoption fee and a sterilization deposit and after
the adopting person has signed an agreement stating he will have the
animal sterilized within 30 days of the date of adoption.
(5)Â
The sterilization deposit shall be reimbursed only upon presentation
of a receipt from a veterinarian that the adopted animal has been
sterilized.
(6)Â
An unsterilized animal reclaimed by its owner shall be released without
being sterilized upon payment of at least the $25 for the sterilization
deposit and impoundment fees imposed by the shelter, and the owner
shall sign an agreement stating he will sterilize the animal or will
obtain an intact animal permit within 30 days after release. The sterilization
deposit shall be reimbursed upon presentation by the owner of a receipt
from a veterinarian that the animal has been sterilized or presentation
of the intact animal permit.
D.Â
Tethering of animals; tethering devices.
(1)Â
A rope, chain, or other device may be used to tether a dog or other
animal on one's property, provided the following criteria are
met:
(a)Â
The device must be affixed to the animal by use of a nonabrasive,
comfortably fitted collar or harness.
(b)Â
The device must be at least 10 feet long. The device must be
fastened so the animal can sit, walk and lie down comfortably; and
must be unobstructed by objects that may cause the device or animal
to become entangled or strangled. Any chain or tether shall have swivels
on both ends.
(c)Â
The animal must have easy access to adequate shade, shelter,
food and potable water.
(d)Â
Tethering an animal must be done humanely as not to cause behavioral
or physical changes and/or cruelty to the animal. No chain or tether
shall weigh more than 1/8 of the dog's weight.
(e)Â
The area where the animal is confined must be kept free of garbage
and other debris that might endanger the animal's health or safety.
Feces shall not be allowed to accumulate and shall be cleaned up by
the owner.
(f)Â
The area where the animal is confined must be kept free of insect
infestation, such as ant hills, wasps' nests, and flea, tick
and maggot infestations.
(2)Â
Nothing in this section shall be construed as allowing any animal
under physical restraint to commit any act defined as unlawful in
this article.
(3)Â
A person who uses electric or invisible fencing designed to confine
an animal to his property must clearly post a notice in two separate
locations upon the property that such a device is in use.
(4)Â
The presence of any uninvited dog or cat upon public property or
the private property of any person other than its owner shall be prima
facie evidence that the owner has violated the provisions of this
section, and shall make such animal liable to surrender to an Animal
Control Officer as would apply to the case of a dog running at large.
E.Â
Animal identification. All dogs and cats that are impounded as strays
shall be required to have microchips implanted when reclaimed by their
owner, adopted or rescued. Animal identification through microchips
and/or tags are encouraged as a means of returning lost or stray animals
to their owners, as is registration of the animal's description,
owner's name, address, and telephone number, with veterinarians
or a national registry.
F.Â
Care and maintenance of animals.
(1)Â
It is unlawful for a person to fail, refuse and/or neglect to provide
any animal in his charge or custody with such care and husbandry as
to maintain the good health and well-being of the animal. Such care
and husbandry shall include, but not be limited to, adequate wholesome
food, provided daily, fresh potable water, available at all times,
clean adequate living area, shade, professional veterinary care and
necessary grooming.
(2)Â
To maintain good health and protection from weather elements, any
animal, except livestock, that are routinely kept outside, shall be
provided with a structurally sound, weatherproof enclosure, large
enough to accommodate the animal comfortably.
G.Â
Animal waste. The owner or keeper of animals, such as dogs, cats
or any small household animal, shall maintain a watertight and flytight
receptacle for feces from such animals which shall be emptied frequently
and in such a manner so as to prevent a nuisance or health hazard.
Such receptacles shall be securely covered at all times except when
opened to deposit feces. No feces will be allowed to accumulate except
in such receptacles.
A.Â
Animals biting persons.
(1)Â
The owner of an animal that bites a person and a person bitten by
an animal has a duty to report that occurrence to the Animal Control
Unit within 24 hours of the occurrence. The owner of an animal that
bites a person shall surrender said animal to an Animal Control Officer
if the officer deems it necessary to impound said animal for a period
of observation.
(2)Â
A physician who renders professional treatment to a person bitten
by an animal shall report to the Sheriff or his designee that he has
rendered professional treatment within 24 hours of his first professional
attendance. The physician shall report the name and address of the
person bitten as well as the type and location of the bite. The physician
shall report the name and address of the owner of the animal that
inflicted the bite, if known, and any other facts or details that
may assist the Animal Control Unit in ascertaining the immunization
status of the animal.
(3)Â
An animal that bites a person shall be confined securely at a place
and for a period of time deemed necessary by the Animal Control Officer.
The owner of the animal shall bear the cost of confinement.
(4)Â
The Animal Control Officer may take up and impound the animal into
protective custody for the period of the quarantine, and the owner
shall pay all related costs of the impoundment prior to reclaiming
the animal.
(5)Â
The Animal Control Officer may consent to confinement of the animal
on the owner's premises. The premises where the home confinement
is to occur shall be inspected and approved for such purpose by the
Animal Control Officer. The owner of the animal shall be required
to enter into an indemnity agreement on a form approved and prescribed
by the County Commission for such home confinement.
(6)Â
If the animal shows signs of sickness or abnormal behavior, or if
the animal escapes confinement, the person shall immediately notify
the Animal Control Unit. The person having custody of an animal that
dies during the confinement period shall notify the Animal Control
Unit and surrender the carcass of the animal immediately to an Animal
Control Officer.
B.Â
Abandonment. It is unlawful for a person to intentionally abandon
an animal.
C.Â
Animal nuisances.
(1)Â
It is unlawful for a person to allow an animal to persistently or
continuously bark, howl or make noise common to their species or otherwise
disturb the peace and quiet of inhabitants of the County for more
than 60 consecutive minutes.
(2)Â
No person may keep any animals and/or livestock in unclean or unsanitary
conditions or in such numbers so as to result in noxious or offensive
odors or accumulations of feces, urine or other bodily wastes that
disturbs others or confine the animals in such conditions so as to
become unmanageable or potentially vicious.
(3)Â
No owner or responsible person of any domestic animal shall allow
that animal to defecate upon public property or upon any private property
other than the property of the owner of the animal without thoroughly
and immediately removing and disposing of the feces.
D.Â
Animals at large.
(1)Â
It is unlawful for a person to allow or permit any animal to run
at large in or on any alley, street, sidewalk, vacant lot, public
property, other unenclosed place in the County, or private property
without permission of the property owner.
(2)Â
An animal permitted to run at large in violation of this section
is declared to be a nuisance and a menace to the public health and
safety. Such animal may be taken up and impounded. An officer may
not enter a private building or residence in pursuit of an animal
without permission of the owner.
(3)Â
A working dog performing such acts as herding or search and rescue
that is under the control and supervision of the owner or handler
shall not be considered as unleashed while performing or being trained
for its duties. A hunting, obedience, tracking or show dog that is
under the control and supervision of the owner or handler shall not
be considered as unleashed while performing in or being trained for
those capacities.
E.Â
Animals transported in vehicles.
(1)Â
It is unlawful for a person to carry an animal in or upon any vehicle
in an unsafe manner.
(2)Â
If an Animal Control Officer determines that an animal in a closed
vehicle is in immediate danger or serious injury or death, the officer
may enter the vehicle, by whatever means necessary, and impound the
animal into protective custody.
F.Â
Breaking into animal control facilities or vehicles. It is unlawful
for a person to break into any pound, center, facility or vehicle
wherein animals are impounded, or to in any manner remove or assist
in the removal of any animal or equipment from such.
G.Â
Cruelty to animals. Cruelty to animals shall consist of the placement
of an animal in a circumstance which endangers or puts the animal
at substantial risk of loss of life or limb. It includes, but is not
limited to the following:
(1)Â
Torturing, tormenting, poisoning, mutilating, cruelly killing or
overdriving any animal.
(2)Â
Depriving of shelter to an animal to the extent it endangers or could
endanger the life of said animal.
(3)Â
Depriving any animal of necessary food and/or drink.
(4)Â
Abandonment or dumping of an animal.
(5)Â
Placement of an animal in a vehicle or other confined area whereby
it is subjected to extreme temperatures or conditions.
H.Â
Vicious or dangerous animals.
(1)Â
It shall be unlawful to maintain or harbor a vicious/dangerous animal
in a manner which constitutes a threat to any person or other animal.
All vicious/dangerous animals must be securely confined in escape-proof
locked structures and the owner must post warning signs warning people
to remain a safe distance from said animals. Any person attacked by
a vicious/dangerous animal may use reasonable force to repel the attack.
Any Animal Control Officer who determines that the present conditions
of confinement for a vicious/dangerous animal do not meet the above
standards and that a present substantial danger to the public exists
may, consistent with the constitutional rights of the owner, take
control of said animal and confine it in a humane and safe cage, pending
further court action.
(2)Â
It is unlawful for any person to keep or harbor a vicious animal.
When an Animal Control Officer has probable cause to believe that
an animal is vicious, the officer may, consistent with the constitutional
rights of the owner, impound the animal into protective custody awaiting
appropriate court proceedings. Following judicial determination that
an animal is vicious, the court having jurisdiction over the enforcement
of this article shall, in addition to any fine or imprisonment imposed
for violation of this section, order the owner or keeper of such vicious
animal to destroy it humanely or turn such animal over to the Sheriff
or his designee for destruction.
(3)Â
An Animal Control Officer or Sheriff's deputy who learns of
a stray vicious or dangerous animal within the County, which is a
threat or potential threat to human life, is authorized to destroy
said stray, vicious or dangerous animal if he is unable to capture
said animal without any substantial danger to himself or others.
I.Â
Unlawful use of vaccination certificates. 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.
A.Â
Exotic animal registration.
(1)Â
This article shall not apply to municipal zoos and aquarium facilities,
veterinary facilities, or individuals holding a State of New Mexico
wildlife rehabilitation or educational use permit.
(2)Â
Any person may hold or keep an exotic animal as defined in this section
in the unincorporated areas of the County under the following conditions
and/or any person who lawfully holds or keeps an exotic animal as
defined in this sections prior to the effective date of this article
may maintain that individual animal until its death under the following
conditions:
(a)Â
The keeping of exotic animals, such as tigers, lions, and cheetahs
or other wild cats, snakes, alligators, bears, wolves, foxes, coyotes,
or nonhuman primates shall require a permit issued by the County.
The application for an exotic animal permit and annual permit fee
must be submitted to the County within 60 days of the effective date
of this article. A permit will be issued for all or part of a calendar
year and must be renewed at least 15 days prior to the expiration
date.
(b)Â
Annual inspection of the premises at which the animals are kept
will be conducted at the discretion of the County.
(c)Â
Certification of experience or proof of attendance at a recognized
husbandry course covering the species involved and permanent identification
of each animal by microchip are required to obtain a permit.
(d)Â
Housing, including perimeter fencing surrounding interior pens
and buildings, shall be used to provide a safe and secure environment
appropriate to the species. Exotic animals that may pose a threat
to humans or pets must be confined behind a locked fence of sufficient
height and materials to securely contain the animal and prevent risk
to the animal and public.
(e)Â
The keeping of poisonous snakes and rare or endangered species
listed by the state is prohibited without a permit from the State
Department of Wildlife and registration with the County.
(f)Â
The keeping of rare or endangered species listed by the federal
government is regulated by federal law.
(g)Â
Exotic animals must be under the control of a legally competent
person at all times.
(h)Â
The keeping of exotic animals for exhibit or educational purposes
is governed by the Unite States Department of Agriculture. Owners
and exhibitors must also abide this article requiring permits, identification,
and housing.
B.Â
Transporting exotic animals. Exotic animals must be confined in a
crate in a closed, locked vehicle to prevent opportunities for escape
and in a manner sufficient to prevent children from coming into contact
with the animal through an open window in the vehicle.
C.Â
Procedure when exotic animals run at large.
(1)Â
Owners must notify the authorities of the escape of an exotic animal
that poses a threat to people, pets, or the environment immediately
after the escape is discovered.
(2)Â
Depending on the circumstances of the escape and the threat posed,
the exotic animal may be returned to the owner, held until the facility
passes inspection, or confiscated or killed.
B.Â
Agreements. The animal shelter shall not release any domestic animal for reclaim, adoption, or rescue unless the owner or responsible person signs a reclaim, adoption and rescue agreement, the form of which shall be titled "Appendix A" and shall be adopted by the Board of County Commissioners of Otero County in a resolution separate from this article. In accordance with § 105-7A, B and C of this article, the reclaim/adoption/rescue agreement shall:
(1)Â
Obligate the reclaiming/adopting/rescuing person to vaccinate any
animal not proven to be vaccinated for rabies; and
(2)Â
Obligate the reclaiming/adopting/rescuing person to have a domestic
animal older than six months of age sterilized or obtain an intact
permit within 30 days of the date of reclaim/adoption/rescue.
C.Â
Fees. Fees for licenses and permits required pursuant to this article
shall be established and adopted annually through resolution by the
Board of County Commissioners.
A.Â
Authority of the Animal Control Officer. Animal Control Officers
will be properly trained and, subject to constitutional limitations,
shall have the following authority:
(1)Â
To require responsible persons to exhibit proof of rabies vaccination
for any dog, cat or domestic ferret in their custody.
(2)Â
To enter upon private property to affix any summons, notice or official
document upon the door of any residence occupied by a responsible
person.
(3)Â
To enter upon any premises or go upon unenclosed parcels of land,
enter any pen, enclosure, yard or vehicle to enforce this article.
However, the Officer must personally view any violation proscribed
by this article that would place a domestic animal in immediate peril.
Furthermore, the Officer may enter only to the extent necessary for
the immediate rescue of an imperiled animal.
(4)Â
Animal Control Officer may not enter any building, dwelling or place
of business without the permission of the owner. However, nothing
in this section limits the authority of an Animal Control Officer
pursuant to a warrant issued by a court of competent jurisdiction.
B.Â
Responsibilities of the Animal Control Officer.
(1)Â
The Animal Control Officer shall make every attempt to impound any
domestic animal that he or she finds running astray and not under
the control of the owner or responsible person.
(2)Â
The Animal Control Officer may destroy any dog he or she finds in
the act of pursuing or wounding livestock or wounding and killing
poultry or attacking humans.
(3)Â
The Animal Control Officer shall detain any domestic animal exhibiting
symptoms of rabies. The Animal Control Officer shall have any such
animal tested for rabies by the New Mexico Department of Health.
(4)Â
The Animal Control Officer must obtain proper training for duties
and responsibilities required as an Animal Control Officer to apprehend,
handle and care for animals.
C.Â
Impounding animals.
(1)Â
An Animal Control Officer may detain and impound in the designated
animal control facility a stray or any animal kept or maintained contrary
to the requirements of this article.
(a)Â
If a stray, domestic animal is wearing a license, collar, antirabies
tag, has an identifying tattoo, microchip or is otherwise identifiable,
the animal shall be impounded for at least three days. During the
three days of impoundment, the animal shelter shall attempt, at least
once daily, to notify the animal's owner(s) or responsible person(s)
of the impoundment by either direct communication or oral or written
message. Further, the animal shelter shall not release the animal
for adoption during the three days of impoundment.
(b)Â
If an owner or responsible person contacts the animal shelter
before expiration of the impoundment period, but cannot arrange to
reclaim the animal before the impoundment period expires, the animal
shelter shall assist the owner or responsible person in making alternative
arrangements, at the owner or responsible person's expense.
(c)Â
The owner or responsible person shall be responsible for all
impound fees, boarding fees, and other costs whether or not the animal
is reclaimed.
(d)Â
Any stray which is not reclaimed and cannot be adopted may be
euthanized in accordance with the impound facility's regulations.
(e)Â
The animal may be confined in accordance with the facilities
regulations.
(2)Â
The directors of such facility shall maintain, as required by statute,
a record of all animals impounded. At least the following information
shall be included:
(3)Â
Owners requesting removal of an animal shall be required to sign
an owner's release at the time of impoundment.
(4)Â
If a stray animal is not wearing a current rabies tag and is deemed
critically injured or critically ill by an Animal Control Officer,
the officer may deliver the animal to the Otero County Humane Society
for euthanasia. A report must be filed with the Sheriff. A properly
trained and equipped Animal Control Officer may euthanize said animal
if he/she believes it's necessary.
(5)Â
Whenever an Animal Control Officer finds that any animal is or will
be without adequate care because of injury, illness, incarceration
or other absence of the owner or person responsible for the care of
such animal, the Sheriff or his designee may take up such animal for
protective care. The owner of the animal may reclaim the animal after
paying all required fees and costs imposed by the impound facility.
If the animal is unclaimed at the end of the protective custody period,
the animal may be humanely destroyed or otherwise disposed of by impound
facility.
(6)Â
The owner of any impounded dog or cat that has not been vaccinated
as required by this article may redeem the animal by paying for the
rabies vaccination plus impoundment charges at the animal shelter.
The owner will be allowed 96 hours to get such animal vaccinated.
If such owner fails to procure a vaccination certificate within such
96 hours, the paid vaccination fee shall be forfeited and the animal
may be impounded again.
A.Â
Procedures for complaints.
(1)Â
A complaint alleging any violation of this article may be filed with
the Sheriff's office by a person who has personal knowledge of
such violation and who can identify the owner of the animal involved
or the premises where the animal is located. The Sheriff or his designee
may require the complainant to provide his name and address and swear
to and affirm the complaint.
(2)Â
An Animal Control Officer must include all findings in the investigation
report narrative and submit a copy to all parties involved.
B.Â
Procedure for Sheriff and Animal Control Officers.
(1)Â
The Sheriff or his deputies shall have the authority, and are directed
to investigate upon probable cause, any alleged violation of this
article or of any law of the State of New Mexico relating to the care,
treatment, control and prevention of cruelty to animals.
(2)Â
An Animal Control Officer shall wear a uniform and shall carry appropriate
identification.
(3)Â
In enforcing this article, the County's personnel shall observe all of the legal rights granted its citizens under United States or New Mexico law, including citizens' constitutional rights against unreasonable searches and seizures. All such searches and seizures shall be conducted in such a manner as to protect the citizens' rights under the Fourth Amendment to the United States Constitution and Article II, § 10, of the New Mexico Constitution. These protections require that the officer have consent of the person or a warrant to enter upon private property or that such entry be in accordance with a recognized exception to the warrant requirement. If an officer receives a complaint of a violation, or observes a violation, he/she may only enter the property if such entry is done in conformance with the above constitutional requirements. Where legally recognized exigent circumstances exist to justify such an entry and a warrant cannot reasonably be obtained by the officer, he/she can enter the premises to the extent justified by law. For example, exigent circumstances exist where an animal appears to have been abandoned, as defined in this article, and the officer reasonably believes it is necessary to protect the life and safety of the animal; the officer may enter the property to detain the animal.
(4)Â
Whenever a deputy or an Animal Control Officer has probable cause
to believe that a person has violated this article, the Animal Control
Officer may prepare a criminal complaint to be filed with the appropriate
court or prepare a citation for the alleged violator to appear in
court. The citation shall contain the name, date of birth, address
and telephone number, if known, of the person violating this article,
the driver's license number of such violator, if known, the code
section allegedly violated, and the date and place when and where
such person allegedly committed the violation, and the location where
such person shall appear in court and the deadline for appearance.
The Animal Control Officer shall present the citation to the person
he 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 a copy of the citation.
The Animal Control Officer shall deliver a copy of the citation to
the person promising to appear.
A.Â
Penalties. Any violation of this article shall constitute a petty
misdemeanor and shall be punishable by a fine up to $500 and/or imprisonment
up to six months, or both.
B.Â
Suspensions and revocations of permits.
(1)Â
When the Sheriff discovers that a permitted premises is in violation
of this article, he shall give notice of the violations to the permit
holder, operator or person in charge by means of an inspection report
or other written notice. The notification shall:
(a)Â
Set forth each specific violation.
(b)Â
Establish a specific and reasonable period of time for the correction
of the violation.
(c)Â
State that failure to comply with a notice issued in accordance
with the provisions of this article may result in immediate suspension
or revocation of the permit.
(d)Â
State that an opportunity for appeal from a notice or inspection
findings will be provided if a written request for a hearing is filed
with the Sheriff's office within five days of receipt of the
notice.
(2)Â
Notices under this section shall be deemed properly served and received
when the original inspection report or other notice has been personally
served on the person in charge, or sent by registered or certified
mail to the last known address of the permit holder.
(3)Â
Permits may be suspended for failure of the holder to comply with
the requirements of this article or other applicable laws, ordinances
or regulations. The suspension may be lifted when the Sheriff's
office determines the violations have been corrected.
(4)Â
Permits may be revoked for serious or repeated violations of the
requirements of this article, or for violation of other applicable
laws, ordinances or regulations. A permit shall be revoked for one
year. The permit shall be surrendered to the Animal Control Unit upon
suspension or revocation.
(a)Â
A person whose permit has been suspended may apply for an inspection
of the premises for the purpose of reinstating the permit. If the
applicant and the site are in compliance with the requirements of
this article and all other applicable laws, ordinances and regulations,
the permit shall be reinstated. The reinstated permit shall expire
on the date of expiration of the previously-suspended permit.
(b)Â
If an exotic or wild animal permit is suspended or revoked, all animals received, purchased, owned or kept under the authority of the permit shall be surrendered to the Animal Control Officer for impoundment. After a period of at least seven days, if the violations of this article which resulted in suspension or revocation of the permit have not been corrected, the County Commission or his/her designee may sell or dispose of the animal(s) as provided in this article. The applicant may appeal the suspension or revocation in the manner provided in § 105-13C of this article.
C.Â
Appeal procedures for permit denial, suspension or revocation.
(1)Â
A person whose application for a permit or permit renewal has been
approved on condition or denied and a permit holder, whose permit
has been suspended or revoked, may submit to the County Manager a
written request for a hearing. The written request must be received
within 10 days of the applicant's receipt of the written notice
from the County. The hearing shall be conducted within a reasonable
time after the County Manager receives the request for a hearing.
(2)Â
Hearings shall be conducted by a Hearing Officer at a time and place
designated by the County Manager and shall be recorded. All witnesses
shall be sworn or affirmed. Written notice of the time and place of
the hearing shall be mailed to the applicant and the County Manager.
(3)Â
The applicant shall be afforded a fair hearing which provides the
basic safeguards of due process which shall include:
(a)Â
The opportunity to examine before the hearing and, at the expense
of the applicant, to copy all documents, records and regulations of
the Sheriff's office that are relevant to the hearing. Any document
not made available by the Sheriff's office, after written request
by the applicant, may not be relied upon by the Sheriff's office
at the hearing.
(b)Â
The right to be represented by counsel or other persons chosen
as his representative.
(c)Â
The right to present evidence and arguments in support of his
appeal to controvert evidence relied on by the Department, and to
confront and cross-examine all witnesses on whose testimony or information
the County Manager relies.
(d)Â
A decision based solely and exclusively upon the facts presented
at the hearing.
(4)Â
The Hearing Officer shall prepare a written report of his findings
and decision within 10 days after the hearing and shall provide copies
to the parties.
The Sheriff of Otero County or his designee shall be responsible
for the enforcement of this article. The Sheriff shall have the discretion
to name a designee and describe the duties of said designee in accordance
with New Mexico law and Otero County ordinances and policies.