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Village of Bosque Farms, NM
Valencia County
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Table of Contents
Table of Contents
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 Section 8.
As used in this Section 8, the following terms shall have the meanings indicated:
ABANDONED ANIMAL
Any animal that has been:
A.ย 
Intentionally or knowingly released from the owner's or custodian's control with the apparent intention to withdraw protection, support or care with further intent of never again claiming right to or interest in the animal; or
B.ย 
Left at any location without acknowledgement and consent of the owner or occupant of the property; or
C.ย 
Left in the care or custody of any person other than the owner for a specified period of time, after which the owner or custodian fails to reinstate care and custody beyond the specified time, and the custodian does not wish to continue to care for the animal; or
D.ย 
Impounded or otherwise placed under the temporary control of animal control, and the person having been deemed to be the lawful owner or custodian of the animal refuses to claim or properly reclaim the animal.
ADOPTION
To legally assume the responsibility for proper care in accordance with this Section 8.
ANIMAL
Any dog, cat or exotic animal.
ANIMAL CONTROL AUTHORITY
A law enforcement officer, animal control officer or designee authorized to enforce this Section 8.
ANIMAL CONTROL CENTER or ANIMAL CONTROL SHELTER
Any pound, lot, premises or building maintained by the Village or its contractor for the care, custody and disposal of animals.
ANIMAL CONTROL OFFICER
The employee(s) of the Village who has the primary responsibility for enforcement of this Section 8 under the supervision of the Village Clerk/Administrator.
ANIMAL FOSTER HOME
Any private facility used for the temporary housing and care of animals for the primary purpose of public adoption, working in cooperation with a recognized animal rescue or animal sanctuary.
ANIMAL RESCUE OR ANIMAL SANCTUARY PREMISES
An organization recognized by the State Corporation Commission to be nonprofit, for the short- or long-term care and custody of animals, which may include lost pets, owner-released pets, cruelty cases, rescued animals and/or permanent retirement candidates.
BITE
The puncture or tear of the skin or wound inflicted by the teeth of an animal.
BREEDER
One who permits the intentional breeding of animals which produces offspring.
COMMERCIAL BREEDER PREMISES
A facility or premises licensed and operated as a business, operated by a person involved in the controlled breeding of animals and who may offer those animals for sale.
COMMERCIAL CATTERY/KENNEL PREMISES
Any establishment, appropriately zoned, operated as a business, where dogs and/or cats are boarded or maintained under controlled conditions and for boarding, grooming, training, showing, or related activities for profit.
COMPANION ANIMAL
Any animal which is normally bred and sold to be kept as a domestic pet.
CONFINE
Restriction of an animal to a proper enclosure to ensure the safety of the public, itself and/or other animals.
CRATING
Confining an animal in an area large enough for the animal to comfortably stand, turn around and lay down.
CUSTODIAN
A person who has control, custody, or possession of an animal or is caring for it on behalf of its owner or legal agent.
DANGEROUS DOG
A dog that caused a serious injury to a person or domestic animal; however, a dog shall not be declared dangerous or a potentially dangerous dog if:
A.ย 
The dog was used by a law enforcement official for legitimate law enforcement purposes.
B.ย 
The threat, injury or damage was sustained by a person or domestic animal who was:
(1)ย 
Trespassing upon premises occupied by the owner of the dog; or
(2)ย 
Provoking, tormenting, abusing or assaulting the dog or had repeatedly, in the past, provoked, tormented, abused or assaulted the dog; or
(3)ย 
Committing or attempting to commit a crime.
C.ย 
The dog was:
(1)ย 
Responding to pain or injury; or
(2)ย 
Protecting itself or its offspring; or
(3)ย 
Protecting or defending a human being or domestic animal from attack or assault.
(Also see "potentially dangerous dog" as defined in this Section 8.)
EXIGENT CIRCUMSTANCES
A situation that demands unusual or immediate action to preserve the evidence of a crime, save a life, or prevent undue suffering of an animal.
EXOTIC ANIMAL
Any vertebrate animal, excluding man, wild animals, livestock and companion animals.
GOVERNING BODY
The Mayor and Council of the Village of Bosque Farms.
HOBBY BREEDER PREMISES
A premises operated by person(s) involved in the controlled breeding of dogs and/or cats, that produces and may offer for sale 18 puppies or kittens or three litters, whichever is less, per calendar year.
INTACT ANIMAL
An animal that has not been sterilized.
LITTER PERMIT
A permit to sell puppies or kittens.
LIVESTOCK
All domestic or domesticated animals that are used or raised on a farm or ranch and includes, but is not limited to, horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae, but does not include companion animals. Livestock is excluded from this Section 8.
NUISANCE ANIMAL
Any animal that unreasonably disturbs humans, endangers the life or health of other animals or humans, or substantially interferes with the rights of citizens, other than their owners or custodians, to the enjoyment of life and property.
OWNER
A person that controls, maintains custody of, has legal title to or interest in, harbors, feeds or permits an animal(s) to remain in, on or about his/her premises or, if that person is under the age of 18, that person's parent or guardian.
POTENTIALLY DANGEROUS DOG
A dog that may reasonably be assumed to pose a threat to public safety as demonstrated by the following behaviors:
[Added 3-17-2016]
A.ย 
Causing an injury to a person or domestic animal that is less severe than a serious injury;
B.ย 
Chasing or menacing a person or domestic animal in an aggressive manner and without provocation; or
C.ย 
Acting in a highly aggressive manner within a fenced yard or enclosure. (Also see "dangerous dog" as defined in this section.)
PROPER ENCLOSURE
Secure confinement indoors or outdoors, such as in a fenced yard, pen or other structure, that is designed to prevent the animal from escaping the confined area.
QUARANTINE
The detaining and strict isolation of an animal for the purpose of observation and for required periods of time as set forth by state statute and/or this Section 8.
RUNNING AT LARGE
An animal neither confined by enclosure nor physically restrained by a leash when off the premises of its owner or custodian.
SERVICE/THERAPY ANIMAL
An animal trained and certified by a recognized institution engaged in such training to assist impaired persons and in the company of the person the animal was trained to assist.
SHADE
A thorough and continuous protection from the sun and heat.
SOLID FLOOR
The surface upon which an animal is confined is of sufficient gauge and mesh to prevent the animal's pads and toes from injury. Any porous surface must not allow waste to fall upon an animal confined in an enclosure below.
STRAY
An animal beyond the boundaries of the owner's premises and free from the owner's restraint or control, and includes all animals that are running at large, abandoned or have no known owner.
TETHER
To attach an animal to an object. This does not include an animal being walked on a leash.
VACCINATION
An immunization to prevent a specific disease.
VETERINARIAN
A person with a veterinary medicine degree licensed to practice veterinary medicine in New Mexico.
VILLAGE
The Village of Bosque Farms, New Mexico.