[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."
[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]
As stated in this article, the following definitions shall apply
unless otherwise specified:
ABANDON
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.
ADOPTION
The retrieval of any animal from the County-designated animal
shelter by choice and assumes responsibility for proper care in accordance
with this article.
ANIMAL
Any vertebrate member of the animal kingdom except humans.
ANIMAL CONTROL OFFICER
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.
ANIMAL CONTROL UNIT
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.
ANIMAL FIGHTING
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.
ANIMAL NUISANCES
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.
ATTACK
To bite or scratch or chase.
BITE
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.
BREEDING
Permitting, either intentionally or unintentionally, a female
dog or cat to produce offspring.
CANINE HYBRID
Any animal which, because of its pure wolf or pure coyote
ancestry, cannot be vaccinated against rabies effectively.
CONFINEMENT
Detainment or isolation of an animal, securely fenced, kenneled
or caged.
COUNTY
The unincorporated areas within the jurisdictional boundaries
of the County of Otero.
COUNTY MANAGER
The County Manager of Otero County or his/her designated
representative(s).
CUSTODY
Care/or responsibility. It does not mean physical control,
confinement or restraint.
DANGEROUS ANIMAL
Any of the following:
A.
An animal which engages in behavior that reasonably requires
a defensive action by a person to prevent bodily injury to a person;
or
B.
An animal which inflicts bodily injury; or
C.
A snake which, because of its poisonous bite, is a significant
hazard to the public.
DOMESTIC ANIMAL
Includes dogs, cats, wolf hybrids, coyote hybrids, domestic
ferrets and other animals commonly known and kept as domestic pets.
ENCLOSED
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.
ESTABLISHMENT
A place of business together with its grounds and equipment.
EXOTIC ANIMAL
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.
GROOMING PARLOR
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.
GUARD DOG
A dog that is used to protect a commercial property, but
excludes a dog used exclusively to guard livestock.
HARBOR
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.
HOUSEHOLD
One or more individuals, related or not, occupying the premises
and/or residing at one street address.
IMPOUNDMENT
The taking into custody or confinement in a facility designated
for the keeping or confinement of such animals.
KENNEL
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.
LIVESTOCK
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.
MICROCHIP IMPLANT
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.
MICROCHIP READER
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.
OWNER/CARETAKER/RESPONSIBLE PERSON
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.
PERSON
An individual, household, firm, partnership, corporation,
company, society, association or legal entity and every officer, agent
or employee thereof.
PET SHOP
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.
POULTRY
Any chicken, duck, goose, turkey or similar bird.
PREMISES
A parcel of land and the structures thereon.
PROFESSIONAL ANIMAL ESTABLISHMENT
Any kennel, grooming parlor, or pet shops with the exception
of state inspected veterinary hospitals and federally inspected laboratory
facilities and zoos.
QUALIFIED ASSISTANCE ANIMAL
A.
A dog trained or being trained by a recognized school for training
dogs to assist persons with disabilities; or
B.
An animal recognized as a service animal pursuant to the Americans
with Disabilities Act of 1990; or
C.
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.
QUARANTINE
Detention or isolation of an animal in order to observe for
rabies.
RABIES SUSPECT ANIMAL
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.
RECLAIM
The retrieval of a domestic animal from the animal shelter
by its owner or responsible person.
RESCUE
To legally set free from danger.
RESTRAINT
Keeping any animal under the immediate control of a responsible
person on a leash or lead.
RUNNING AT LARGE
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.
SHELTER
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.
SHERIFF
The Otero County Sheriff or his/her designee.
STERILIZE
To be rendered permanently incapable of reproduction.
STERILIZATION DEPOSIT
A fee that is charged by the animal shelter when a person
reclaims, adopts or rescues an unsterilized animal.
STRAY
An animal found running at large.
TETHERING
To tie an animal with a rope or chain to restrict its movement.
VACCINATION
Protection provided against rabies by inoculation with a
vaccine as required by NMSA 1978, § 77-1-3.
VICIOUS ANIMAL
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.
WILD ANIMAL
A living creature that is untamed or domesticated in a natural
state.
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.