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.
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.
Left at any location without acknowledgement and consent of
the owner or occupant of the property; or
C.
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.
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 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.
The dog was used by a law enforcement official for legitimate
law enforcement purposes.
B.
The threat, injury or damage was sustained by a person or domestic
animal who was:
(1)
Trespassing upon premises occupied by the owner of the dog;
or
(2)
Provoking, tormenting, abusing or assaulting the dog or had
repeatedly, in the past, provoked, tormented, abused or assaulted
the dog; or
(3)
Committing or attempting to commit a crime.
C.
The dog was:
(1)
Responding to pain or injury; or
(2)
Protecting itself or its offspring; or
(3)
Protecting or defending a human being or domestic animal from
attack or assault.
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(Also see "potentially dangerous dog" as defined in this Section
8.)
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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.
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.
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.
Causing an injury to a person or domestic animal that is less
severe than a serious injury;
B.
Chasing or menacing a person or domestic animal in an aggressive
manner and without provocation; or
C.
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.