If any animal is found running at large contrary to the provisions of this section, the Chief of Police shall take up the animal and confine it in a secure place provided for that purpose. 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/her keeping a sum as set from time to time by the Town Council, unless otherwise provided in this Code. The fees collected shall be turned over to the Town Clerk-Treasurer.
[HISTORY: Adopted by the Town Council of the Town of Tatum as Ch. 11 of the 1984 Code. Amendments noted where applicable.]
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 Town 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 the Town.
It is unlawful for any person to unnecessarily beat, injure or maltreat any animal.
[Amended 3-25-2008]
A.
Horses or cattle may be kept inside the Town limits if the following guidelines are met by the landowner:
[Amended 5-28-2013]
(1)
A distance of 75 feet must be maintained from any inhabitable structure other than a structure owned by the landowner.
(2)
The feeding, watering and shelter area for the animals must be at least 250 feet from any inhabitable structure other than a structure owned by the landowner. A minimum of 100 feet of the two-hundred-fifty-foot requirement must be on the landowner's property.
(3)
A fence must be constructed and maintained to ensure the containment of the horses or cattle. The minimum specifications for a fence are those specifications set forth in NMSA §§ 77-16-4, 77-16-6, 77-16-7 and 77-16-8, as may be amended.
(4)
A property which was in compliance with this subsection on March 25, 2008, will be considered in compliance herewith.
(5)
A property which is in compliance with this subsection shall not be deemed to be noncompliant because of the subsequent placement, erection or construction of an inhabitable structure on adjacent or nearby property.
B.
Hogs are prohibited.
C.
Goats and sheep.[1]
(1)
A distance of 75 feet must be maintained from any inhabitable structure other than a structure owned by the landowner.
(2)
The feeding, watering and shelter area for the animals must be at least 250 feet from any inhabitable structure other than a structure owned by the landowner. A minimum of 100 feet of the two-hundred-fifty-foot requirement must be on the landowner's property.
(3)
A fence must be constructed and maintained to ensure the containment of the goats or sheep. The minimum specifications for a fence are those specifications set forth in NMSA §§ 77-16-4, 77-16-6, 77-16-7 and 77-16-8, as may be amended.
(4)
A property which was in compliance with this subsection on March 25, 2008, will be considered in compliance herewith.
(5)
A property which is in compliance with this subsection shall not be deemed to be noncompliant because of the subsequent placement, erection or construction of an inhabitable structure on adjacent or nearby property.
It is unlawful for any person who owns, harbors or keeps within the limits of the Town any chicken, ducks, geese, turkeys, or other domestic fowl, or any hare or rabbit, 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.
As used in this article, the following terms shall have the meanings indicated:
Any member of the felidae family, including the domestic cat, lion, tiger, leopard, jaguar, wildcat, lynx, cheetah and any other members of the feline family of either sex, six months of age or older.
Any dog, bitch or whelp over three months of age.
The owner, possessor or keeper of any dog or cat within the Town shall secure a license for such dog or cat from the Police Department on or before the first day of March of each year or within 30 days after the dog reaches the age of three months or the cat reaches the age of six months. Dogs or cats purchased, obtained or otherwise acquired subsequent to the first day of March in any calendar year shall be licensed within 30 days after such acquisition. New residents of this Town shall have 30 days after becoming residents to secure a license therefor.
The annual license fee for dogs and cats within the Town shall be set from time to time by the Town Council. No fee shall be charged for the licensure of qualified service animals which are trained to lead partially or totally blind persons, aid hearing-impaired persons or assist mobility-impaired persons.
The owner, possessor or keeper of every dog or cat within the Town shall have such dog or cat inoculated against rabies between January 1 and April 15 of each year. Dogs or cats purchased, obtained or otherwise acquired or brought into the Town subsequent to the first day of March in any calendar year shall be inoculated within 30 days after such acquisition or being brought into the Town. The required inoculation shall be made by any veterinarian licensed to practice veterinary medicine in this state.
A.
Upon application for a dog or cat license, the applicant shall exhibit to the Department a certificate from a licensed veterinarian that the dog or cat has been inoculated against rabies as required by this article.
B.
All applications for license shall be made on forms provided by the Department.
A.
Possession. Only those persons who own, possess or keep a dog or cat duly licensed and inoculated in accordance with the provisions of this article shall be permitted to possess a dog or cat tag as herein provided for.
B.
Attachment to dog or cat collar or harness. Every owner, possessor or keeper of a dog or cat within the Town shall place upon such dog or cat a collar or harness made of durable material to which the dog or cat tag provided for in this article shall be attached.
C.
Tag to be worn only by licensed dogs or cats. No person shall affix to the collar or harness of any dog or cat or permit to remain so affixed a tag evidencing licensing and rabies inoculation except the tag issued to that dog or cat at the time of issuance of its license.
It is lawful for the Animal Control Officer and all police officers to impound any dog or cat which is not wearing a dog or cat tag and any dog or cat which they reasonably feel to be in violation of any of the provisions of this article, whether such dog or cat is wearing a dog or cat tag or not. It is lawful for the Animal Control Officer or any police officer to go upon private property for the purpose of catching any dog or cat to be impounded.
The governing body may establish a dog pound for the municipality to be operated by the Town personnel or, at its election, may contract with a public or private person or organization for the operation of a dog pound for and on behalf of the Town.
If a dog or cat is impounded, the Animal Control Officer or any police officer shall immediately institute proceedings in the Municipal Court on behalf of the Town against the owner, possessor or keeper of such dog or cat if known, charging a violation of the appropriate section. Nothing herein shall be construed as preventing the Animal Control Officer, any police officer or any citizen from instituting a proceeding in the Municipal Court in the Town for violation of this article where there is no impoundment.
As soon as practicable after the date of impoundment, the Animal Control Officer shall send by regular mail a written notice of such impoundment to the owner, possessor or keeper of such dog or cat if the address of such person is known. If the owner, possessor or keeper of the dog or cat is not known or if his/her address cannot be determined, the Animal Control Officer shall cause to be posted in a conspicuous place in the Town for five days a notice of impoundment. Whether the notice herein provided is mailed or posted, it shall describe the dog or cat, set forth the date of impoundment and describe the location where the dog or cat was taken.
If a complaint has been filed in the Municipal Court of the Town of Tatum against the owner, possessor or keeper of any impounded dog or cat for a violation of this article, the dog or cat shall not be released from impoundment except on order from the Municipal Judge. In addition to any penalties which may be provided for in this Code for a violation, the Municipal Judge shall require each owner, possessor or keeper to pay the fees herein provided for in § 105-20 and may, upon finding that such dog or cat constitutes a nuisance or that such dog or cat is a vicious dog or cat or that such dog or cat constitutes a clear and present danger to the citizens of the community, order that the dog or cat be destroyed in a humane manner by the Animal Control Officer or by persons authorized to do so by the governing body.
If a complaint has not been filed in Municipal Court because the owner, possessor or keeper of an impounded dog or cat is not known or cannot be located and such dog or cat has not been claimed within five days from the date of impoundment, not counting the first day, the dog or cat may be disposed of in any humane manner prescribed by the Animal Control officer or by persons so authorized to do so by the governing body.
Any owner, possessor or keeper of a dog or cat desiring to redeem such dog or cat from the pound shall pay the Town a fee as set from time to time by the governing body, together with fees for room and board and any and all license or rabies inoculation fees.
It is unlawful for any person to interfere with, molest, hinder or obstruct the Animal Control Officer in the discharge of his/her official duties.
No person shall cause, instigate or encourage any dog or cat fight within the Town.
Whenever the Mayor shall be of the opinion, with advice from state health officials, that any danger exists from hydrophobia, he/she will issue a proclamation that all dogs and cats and any wild animals likely to contract rabies be destroyed on sight if found running at large within the Town.
Any unspayed female dog or cat, while in heat, shall be securely confined during such period in a secure place to prevent the gaining of access by other dogs or cats.
It is unlawful for any owner, possessor or keeper of any dog or cat in the Town to permit the same to run at large.
No person shall own, keep, possess or harbor a vicious dog or cat within the Town. As used in this section, a vicious dog or cat is a dog or cat that bites or attacks human beings or other animals without provocation either on public or private property, or which, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon the streets, sidewalks, or any public ground or place. The Animal Control Officer and all police officers shall take and impound any dog or cat which is a vicious dog or cat. In the event a vicious dog or cat cannot be taken up and caught by the Animal Control Officer or police officer without the officer exposing himself/herself to danger or personal injury from such dog or cat, the Animal Control Officer or any police officer may forthwith destroy such dog or cat without notice to the owner, possessor or keeper thereof.
A.
The owner, possessor or keeper of any dog or cat which has bitten or which is suspected of having bitten any person or which is suspected of having rabies shall immediately notify the Animal Control Officer or any police officer of such fact.
B.
Any dog or cat which has bitten or which is suspected to have bitten any person or which is believed to have rabies or to have been exposed to rabies shall be confined for observation, upon order of the Animal Control Officer or any police officer, for a period of 10 days. Such dog or cat shall either be confined at the residence of the owner, possessor or keeper thereof, if such confinement can be accomplished without exposing such dog or cat to the public, or, at the option of the Animal Control Officer or any police officer, such dog or cat shall be confined in the Town pound or at a private veterinary hospital at the expense of the owner, possessor or keeper of the dog or cat. It is unlawful for any owner, possessor or keeper of such dog or cat to permit such dog or cat to come into contact with the public during such confinement.
For the purpose of prosecution for violations of this article, it shall not be necessary to prove notice or knowledge on the part of the owner, possessor or keeper of the dog or cat in question that such dog or cat was violating any of the provisions of this code at the time and place charged in order to obtain a conviction. It is the purpose and intent of this article to impose strict liability upon the owner, possessor or keeper of any dog or cat for the actions, conduct and condition of such dog or cat.