Doña Ana County, NM
 
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Table of Contents
Table of Contents
A. 
Intact animal permit. A person owning or having charge, custody, or care over an intact dog or cat shall obtain an intact animal permit from the Animal Control Unit for each intact dog or cat owned, whether or not the person intends to breed the animal.
(1) 
The permit application shall include an accurate physical description of the animal, and, if applicable, licensing and/or microchip registration information.
(2) 
The permit applicant shall pay the intact animal permit fee before a permit may be obtained. The permit holder shall, thereafter, pay an annual intact animal permit fee.
(3) 
The permit shall apply solely to the animal specified on the application.
(4) 
The intact animal permit fee shall be refunded to the permit holder if the intact dog or cat is sterilized within 90 days of the issuance of the permit.
(a) 
Proof of such procedure shall be submitted to the Animal Control Unit.
(b) 
Proof of sterilization shall consist of a written certificate by a veterinarian stating that the animal has been sterilized, or that sterilization would be an unnecessary surgical risk for the animal due to its age or physical condition.
B. 
Litter permit. A person owning or having charge, custody, or care over a dog or cat and who intentionally or unintentionally breeds the animal shall obtain a litter permit from the Animal Control Unit for each litter born.
(1) 
The permit application must be submitted within 10 days of the birth of the litter.
(2) 
The permit application shall include an accurate physical description of the parent animal(s).
(3) 
The permit applicant shall pay the litter permit fee before a permit may be obtained.
(4) 
The litter permit fee shall be refunded to the permit holder if the reproducing dog or cat is sterilized within 90 days of the issuance of the permit.
(a) 
Proof of such procedure shall be submitted to the Animal Control Unit.
(b) 
Proof of sterilization shall consist of a written certificate by a veterinarian stating that the animal has been sterilized, or that sterilization would be an unnecessary surgical risk for the animal due to its age or physical condition.
(5) 
Permit number. Each litter permit shall include a unique litter permit number provided by the Animal Control Unit.
(a) 
The permit holder shall not advertise, barter for, sell, or give away any puppy or kitten unless the applicable litter permit number is displayed legibly in all advertisements.
(b) 
The permit holder shall furnish the litter permit number to any potential recipient or Animal Controls Officer upon request.
(6) 
Litters per female per year. A person owning or having charge, custody, or care over an intact female dog or cat shall not allow or permit intentionally or unintentionally the animal to produce more than one litter in a consecutive twelve-month period.
A. 
No person shall operate a multiple-animal site without a valid permit. A person may obtain a permit under the conditions in Subsection B, after satisfactorily passing a pre-permit inspection, payment of the appropriate permit fee, and proof of business registration, if applicable. The operator shall post the permit in a conspicuous place on the premises. Permits are not transferable. Animal shelters, commercial livestock operations, state inspected veterinary hospitals, federally inspected laboratory facilities, and zoos shall be exempt from this section.
B. 
Permittees shall:
(1) 
Submit to post-permit inspections of the premises.
(2) 
Maintain animals in suitable enclosures. Where animals are maintained in pens, cages or runs for periods exceeding 24 hours, they shall be provided with adequate space to prevent overcrowding and to maintain normal exercise according to species. Such cages holding cats must contain a litter box.
(3) 
Provide adequate weatherproof housing in all permitted premises with proper ventilation and temperature, and sufficient lighting and shade.
(4) 
Restrain animals by adequate fencing maintained at all times to contain the animals, or by the use of tethers or chains that are tangle-free, well-fitted, and equipped with a swivel device for attachment to the animal's collar or harness.
(5) 
Make provisions for the removal and proper disposal of animal and food waste, soiled bedding, dead animals and debris. Animals shall be removed from cages and protected from water and cleaning agents during cleaning. Disposal facilities shall be operated in a manner which will minimize vermin infestation, odors and disease. Adequate drainage shall be maintained.
(6) 
Eliminate excessive animal noise.
(7) 
Segregate, by sex, unneutered adult animals, except where otherwise indicated for health, welfare or breeding purposes. Animals shall be housed in compatible groups.
(8) 
Segregate diseased or injured animals.
(9) 
Provide all animals with clean, fresh, sufficient and wholesome food and potable water. Such water shall be available at all times. Food and water containers shall be kept clean.
(10) 
Provide sanitary, pest-free storage of food and bedding.
(11) 
Observe each animal daily. Programs for disease control and prevention shall be maintained. Sick, diseased, injured, lame or blind animals shall be provided with appropriate veterinary care. Humane euthanasia will be provided when necessary. The person in charge who suspects an animal of being rabid shall immediately notify the Animal Control Supervisor or his designee and segregate the animal.
(12) 
Limit the number of adult dogs or cats, or any combination thereof, as follows:
(a) 
The maximum allowable number of dogs, cats, or any combination thereof is 15.
(b) 
For sites with six or fewer dogs, cats, or any combination thereof, no multiple animal site permit shall be required.
(13) 
Spay or neuter all cats and dogs except where the owner has a valid litter or intact animal permit for such animal.
(14) 
For animal shelters and professional animal establishments, keep a record of animal inventory, disposition, and inoculations.
(15) 
Comply with all applicable zoning regulations, including, but not limited to, use restrictions associated with specific zoning categories and restrictions on the total number of animals that may be kept on a parcel. If any provision of this section is in conflict with the provision of any applicable zoning regulation, the provision of the zoning regulation shall control.
C. 
Any commercial kennel, grooming parlor, pet shop, animal shelter, state inspected veterinary facility or federally inspected laboratory facility, or zoo shall be exempt from the multiple-animal site requirements and restrictions under this section.
A. 
Outdoor rehabilitation aviary. A special permit is required by any person to keep or maintain an outdoor rehabilitation aviary. The County Codes Enforcement Department will not issue this special permit without proof of a license issued by the federal government and the State Department of Game and Fish.
B. 
Birds of prey. A special permit is required by any person to keep or maintain a bird of prey. The County Codes Enforcement Department will not issue this special permit without proof of a license issued by the federal government and the State Department of Game and Fish.
C. 
Threatened or endangered amphibian, snake, or reptile. Federal and state permits are required for any person to keep or maintain any species of amphibian, snake or reptile that is listed as threatened or endangered by the federal government or the state.
D. 
Certain snakes. A special permit is required for any person to keep or maintain any snakes of the families Elapidae and Viperidae, or the three genera within the family Colubridae (Thelotornis kirtlandii, the twig snake; Dispholidus typus, boomslang; and Rhabdophis, keelbacks). The Animal Control Unit will not issue this special permit until the appropriate federal, state and local permits are acquired.
E. 
Application generally. Any person who operates or proposes to operate an aviary for the purpose of bird rehabilitation, to maintain any venomous species of snake or lizard, to maintain any pigeon loft, to keep any bird of prey, or to participate in a locally recognized FFA or 4-H program shall file an application for a special permit with the Animal Control Unit, describing the location of the site and the purpose for which it is to be maintained. Veterinary hospitals or clinics shall be exempt from this requirement. It shall be a condition of the issuance of any special permit that the permittee consents to inspection of the premises by the Animal Control Unit at any time between the hours of 6:00 a.m. and 10:00 p.m.
F. 
Application conditions. All applications for special permits required under this chapter must meet the following conditions:
(1) 
An initial nonrefundable fee must accompany any application to defray the cost of processing the request.
(2) 
Any application may be denied if the owner or responsible person shows a history of noncompliance with County ordinances concerning animal control, as evidenced by two or more convictions of violations of such ordinances during the past year.
G. 
Revocation. A special permit may be revoked when, in the opinion of the Zoning Administrator or Animal Controls Officer, it is maintained that any one or more of the following conditions exist:
(1) 
Property, pens or animal enclosures are not maintained in a clean and sanitary condition so as to constitute a health hazard or produce noxious odors.
(2) 
Structures are considered to be unsafe.
(3) 
Containers for venomous snakes or lizards are not clearly labeled and locked.
(4) 
Any violation of § 134-3.
(5) 
The keeping of any permit-required species not allowed under the provisions of the existing special permit.
H. 
Conditions for keeping pigeons.
(1) 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
FANCY PIGEON
A pigeon which, through past breeding, has developed certain distinctive physical and performing characteristics as to be clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club, or the Rare Breeds Pigeon Club. Examples include fantails, pouters, trumpeters.
LOFT
The structure for the keeping or housing of pigeons permitted by this section.
PIGEON
A member of the family Columbidae, and permitted species shall be restricted to racing pigeons and sporting pigeons, as defined in this subsection. The maintaining of undomesticated common variety pigeons is prohibited within the County limits.
RACING PIGEON
A pigeon which, through selective past breeding, has developed the distinctive physical and mental characteristics as to enable it to return to its home after being released a considerable distance therefrom, and which is accepted as such by the American Racing Pigeon Union, Inc., or the International Federation of Racing Pigeon Union, Inc., or the International Federation of Racing Pigeon Fanciers. Examples include the racing homer, homing pigeon, or carrier pigeon.
SPORTING PIGEON
A pigeon which, through selective past breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples include rollers, tipplers.
(2) 
Maintenance, care and confinement.
(a) 
The loft shall be of sufficient size and design and constructed of such material that it can be maintained in a clean and sanitary condition.
(b) 
There shall be at least 1 1/2 square feet of floor space in any loft for each mature pigeon kept therein.
(c) 
The construction and location of the loft shall not conflict with all the requirements of any building code of the County.
(d) 
All feed for pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin.
(e) 
The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the County.
(f) 
All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition, and at no time shall pigeons be allowed to perch or linger on the buildings or property of others, thus creating a nuisance.
(g) 
All pigeons shall be fed within the confines of the loft.
(h) 
Pigeons will not be released from the loft unless they have not been fed within the previous four hours.
(i) 
Before issuance of a special permit for the keeping of pigeons, the owner must demonstrate that he is a member in good standing of one of the following: the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, or the Rare Breeds Club, as such clubs have rules that help preserve the peace and tranquility of the neighborhood. Membership must be renewed on an annual, or as required, basis in order to maintain the special permit.
I. 
Guard dog. A person who wishes to use a trained or certified guard dog on nonresidential property shall first obtain a guard dog permit from the Animal Control Unit.
(1) 
Permit conditions.
(a) 
Certified or trained guard dogs shall not be used to guard residential property.
(b) 
The permit application shall include sufficient information to identify the name and address of the owner of the commercial property, the name and address of the owner of the guard dog, and the location intended to be guarded by the guard dog.
(c) 
The permit applicant shall submit to a pre-permit inspection of the premises by the Animal Control Unit, so that an accurate physical description of the animal may be obtained.
(d) 
The permit applicant shall pay the guard dog permit fee before a permit may be obtained. The permit holder shall, thereafter, pay an annual guard dog permit fee.
(e) 
Prior to obtaining the permit, the permit applicant shall obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than $100,000 for damage or bodily injury to or death of a person caused by the guard dog.
(2) 
Posted signs. The permit holder shall post guard dog warning signs at designated locations protected by a guard dog, warning the public of the presence of a guard dog on the premises.
(a) 
The warning signs shall be at least 12 inches long on each side.
(b) 
The warning signs shall state "Guard Dog" and "Guardia" and shall show a picture of an aggressive dog.
(c) 
The warning signs shall be posted not more than 200 feet apart on the exterior of the fences or walls surrounding the site, and shall be posted at all exterior corners of the site and at every entrance to the site.
(3) 
Vehicles. Vehicles used to transport a guard dog and vehicles being protected by a guard dog shall be secured so the public is protected from injury.
(a) 
The vehicle shall be constructed or modified to ensure that the guard dog is transported in a safe, humane manner.
(b) 
The vehicle shall be conspicuously posted with guard dog warning signs on both sides of the vehicle.
J. 
Hybrid animal. A person owning or having charge, custody, or care over a canine hybrid or a feline hybrid shall obtain a hybrid permit from the Animal Control Unit.
(1) 
Permit conditions.
(a) 
The permit application shall include a detailed and accurate physical description of the animal and a copy of the animal's certificate of licensure.
(b) 
The permit applicant shall pay the hybrid permit fee before a permit may be obtained. The permit holder shall, thereafter, pay an annual hybrid permit fee.
(c) 
The permit shall apply solely to the animal specified on the application.
(d) 
A person owning or having charge, custody, or care over a canine hybrid or a feline hybrid judged to be six months of age or older shall show proof of sterilization before a permit may be obtained or renewed.
(e) 
Proof of sterilization shall consist of a written certificate by a veterinarian stating that the animal has been sterilized, or that sterilization would be an unnecessary surgical risk for the animal due to its age or physical condition.
(2) 
A canine hybrid and feline hybrid shall be treated as a dog and cat, respectively, for the purposes of the pet licensure, rabies vaccination, and restraint requirements of this chapter.
The keeping of livestock, including both large and small animals, and livestock densities, shall be governed by all applicable zoning regulations of the County/Extraterritorial Zone.
A person owning or having charge, custody, care, or control over a dangerous or potentially dangerous dog shall comply with the provisions of the Dangerous Dog Act, NMSA 1978, § 77-1A-2 et seq., as amended.
A. 
Wildlife and exotic animals. A person shall not possess, harbor, or keep any wild or exotic animal of a species that in its natural life is potentially dangerous or ferocious. Such animals, though they may be trained and domesticated, remain a danger to others, and include:
(1) 
Wolves, coyotes, foxes, dingoes, and other members of the nondomestic canine families;
(2) 
Lions, pumas, panthers, mountain lions, wild cats, and other members of the nondomestic feline families;
(3) 
All bears (Ursidae), including grizzly bears, black bears, brown bears, etc;
(4) 
Raccoons (Procyonidae), including eastern raccoon, desert raccoons, ring-tailed cat, etc;
(5) 
Mustelids, other than the domestic ferret (Mustela putorius furo);
(6) 
Primates (Hominidae), including all nonhuman great apes other than qualified service animals;
(7) 
Skunks;
(8) 
Bats;
(9) 
Snakes belonging to the families Elapidae, Viperidae, and Colubridae (the twig snake, Thelotornis kirtlandii; boomslang, Dispholidus typus; and keelbacks, Rhabdophis);
(10) 
Lizards belonging to the family Helodermatidae (gila monsters, Heloderma suspectum, and beaded lizards, Heloderma horridum);
(11) 
Alligators, crocodiles, or caimans;
(12) 
Venomous fish and piranha;
(13) 
Any species of amphibian, snake, or reptile that is listed as threatened or endangered by the federal or state government; and
(14) 
Coatimundi.
B. 
Exceptions. This section shall not apply to veterinary facilities, or individuals holding a State of New Mexico wildlife rehabilitation or educational use permit.
A. 
Fees. Fees for permits required pursuant to this chapter shall be established and adopted through resolution by the Board of County Commissioners.
B. 
Qualified service animals.
(1) 
Admittance. Notwithstanding any other provision of law, a qualified service animal shall be admitted to any building open to the public and to all public accommodations such as restaurants, hotels, hospitals, swimming pools, stores, common carriers, and theaters, provided that the qualified service animal is under the control of a person with a disability or a trainer of service animals.
(2) 
Additional fees. A person shall not be required to pay any additional charges for his or her qualified service animal, but shall be liable for any damage done by his or her qualified service animal.