[Amended 10-15-2015]
Dogs, cats and other animals shall be deemed and considered
personal property.
A.
It shall be unlawful for any owner, possessor, or keeper to allow
or permit any animal(s) to run at large as defined in § 8-2-2,
or on any street, alley, sidewalk, vacant lot, public property, other
unenclosed place in the Village or private property without the permission
of the owner thereof. Any such animal(s) permitted to be at large
is in violation of this section and is hereby declared to be a nuisance
and menace to the public health and safety.
B.
Every fierce, dangerous or vicious animal(s), when running at large
upon the streets or in any other public place, is hereby declared
to be a public nuisance. An animal(s) shall be deemed fierce, dangerous
or vicious if it runs after, chases or attempts to bite any person
or other animal(s).
A.
Violations of the following requirements will constitute an act of
neglect or cruelty and will subject the animal to immediate impoundment
and penalties to the owner.
B.
Confined animals.
(1)
Exterior enclosures shall be constructed of chain link or other secure
materials. The structure shall be structurally sound and kept in good
repair. The enclosure shall be of sufficient height or be covered
to prevent the animal from escaping. The enclosure shall be of sufficient
size to allow the animal full freedom of movement. An enclosure for
a cat that provides 12 square feet of surface space and a minimum
of 18 inches in height is presumptively sufficient. An enclosure for
an untethered dog weighing less than 40 pounds that provides 72 square
feet and 48 inches in height is presumptively sufficient.
(2)
When confined in an exterior enclosure, shelter must be provided
to allow the animal to remain dry and protected from the elements.
The shelter shall be fully enclosed on four sides, roofed, and have
a solid floor (a solid dirt floor is acceptable). The shelter shall
be large enough for the animal to rest comfortably and be in sound
and good repair.
(3)
Animals may be crated within a reasonable manner that is not detrimental
to the health, safety and welfare of the animal.
C.
Tethered animals.
(1)
Dogs and other animals (excluding cats) are permitted on public roadways
and public areas in the Village only if on a secure leash. This provision
does not apply when the animal is in a bona fide animal show or other
competition.
(2)
The tether must be affixed to the animal by use of a nonabrasive,
comfortable, fitted collar or harness with a swivel at both ends.
(3)
The chain or cable must not allow the animal to pass beyond the owner's/custodian's
property. The tether must not be obstructed by objects which might
cause the animal to become entangled.
(4)
Only one animal may be attached to each trolley or tether and each
must be separated to prevent entanglement with the other(s).
(5)
The tethered animal must be able to sit, walk, and lie down. The
chain or cord must be strong enough to restrain the animal, but not
so heavy as to restrict normal movement.
(6)
An animal shall not be tethered with a lead that exceeds 1/8 of the
dog's body weight or by a tow or log chain.
(7)
The tethered animal is to be tethered with a lead that measures,
when rounded to the nearest whole foot, at least 10 feet in length.
D.
Care and maintenance. It shall be unlawful for any person to neglect
to provide any confined or tethered animal with proper nutritious
food, drink, necessary shade or shelter, or to keep an animal under
unsanitary or unhealthy conditions so as to protect the health, safety,
and welfare of the animals and residents. Animal waste, spoiled food
and trash must be removed on a regular basis. Adequate drainage must
be maintained.
Any female companion animal in a stage of estrus (heat) shall
be confined to a secure enclosure so that contact with a male animal
will be prevented except for intentional breeding purposes. Owners
or custodians who do not comply with this section may be required
to place such animals in a boarding kennel or veterinary hospital
at the owner's or custodian's expense.
A.
It is the duty of every person keeping a dog, cat, or ferret over
the age of three months to have such animals vaccinated against rabies
as required by state law. Any unvaccinated dog, cat, or ferret brought
into the Village shall be securely confined by the owner or custodian
until vaccinated against rabies, which shall be administered within
one week of entry into the Village. Any rabies vaccination performed
by a veterinarian in another county, state or country must conform
to the requirements of the State of New Mexico to be valid within
the Village.
B.
Quarantine. Any dog, cat or other animal determined by the state
as requiring the rabies vaccination and which has bitten or otherwise
exposed a person or another animal to the rabies virus shall be quarantined
by confining it immediately and observing it in confinement for a
period of 10 days from the date of the bite, at the owner's expense,
at a place and in a manner designated by the Animal Control Officer.
Upon the conclusion of the observation period, the animal shall be:
(1)
Released in accordance with all other applicable provisions of this
Section 8 if the animal does not show signs of infection with the
rabies virus; or
(2)
Destroyed and its head sent to an appropriate laboratory for rabies
testing if the animal shows signs of infection with the rabies virus;
or if the animal shows signs of infection during the required period
of confinement and observation, the animal shall be destroyed and
sent for testing at that time.
C.
Home or boarding kennel quarantine. Any dog, cat, or ferret determined
by the Animal Control Officer to have bitten a human, or which has
been bitten by a known rabid animal, may be granted home or boarding
kennel quarantine privileges by the Animal Control Officer. Any such
home or boarding kennel quarantine is subject to approval by the Animal
Control Officer and may be refused for any reason. Home or boarding
kennel quarantines will be subject to a minimum standard, as per state
regulations and as stated on the home and boarding kennel quarantine
agreement form. On the final day of the observation period, the animal
shall be presented to the Animal Control Officer for examination.
The quarantine shall not be concluded until the Animal Control Officer
has confirmed that such examination has been done.
A.
It is unlawful for an owner or keeper to allow any animal(s) to persistently
bark, howl or make noise or to be kept or maintained in such numbers
as to disturb by noxious or offensive odors or be kept in runs or
kennels which are not maintained so as to disturb by noxious or offensive
odors, to otherwise endanger the health and welfare of the inhabitants
of the Village of Bosque Farms.
B.
Any person who has been notified in writing by the animal control
authority and who owns, maintains, keeps, or harbors a nuisance animal
shall take immediate steps to alleviate the nuisance. The nuisance
must be alleviated within the time stated in the notice provided by
the animal control authority or the animal control authority may issue
a citation.
C.
All complaints filed pursuant to this section shall be filed in writing
with the Animal Control Officer or Bosque Farms Village Office and
shall include the name and address of the complainant and name and
address of the person(s) permitting the nuisance to occur and to continue.
A.
An animal carried in an open bed of a truck when on public property
must be crated or restrained so it cannot fall or jump from the truck
or be strangled, or bite or molest passersby. An animal may be carried
in a truck with an enclosed bed. An animal must have room in the crate
or bed of the truck to stand or lie down within the enclosed area
of the truck bed.
B.
It shall be unlawful for any person to confine, or allow to be confined,
any animal in a motor vehicle or trailer under such conditions or
for such a period of time as to endanger the health or well-being
of the animal.
C.
Any animal showing evidence of cruelty or abuse shall be impounded
until a Municipal Court hearing is conducted. Unless an owner or custodian
is willing to surrender an animal for impoundment under this section,
the animal control authority shall seek a warrant from a judge or
court of competent jurisdiction and a complaint shall be filed for
seizure of the animal. No warrant shall be necessary under exigent
circumstances.
D.
Any person found guilty of cruelty or abuse of an animal shall be
responsible for all expenses incurred for the animal while impounded.
Should the person be found not guilty of cruelty or abuse, the animal
shall be returned to the owner or custodian.
E.
It is unlawful for any person to recklessly, willfully, maliciously
or negligently kill, maim, disfigure, torture, beat with a stick,
chain, club or other object, mutilate, burn or scald with any substance
or otherwise cruelly harm any animal, except that reasonable force
may be employed to drive off vicious animals. Injury to an animal
resulting from the animal control authority's reasonable attempt
to capture, subdue or impound that animal shall not be deemed cruelty.
F.
It is unlawful to poison a domestic animal or to distribute poison
or toxicants in any manner with the intent of poisoning a domestic
animal.
G.
It is unlawful for an owner or custodian to abandon any domestic
animal.
[Amended 3-17-2016]
A.
It shall be the right of the owner or custodian of the killed or
injured animal(s) to kill the aggressing, attacking animal(s) while
it is upon property controlled by said owner or custodian.
B.
The animal control authority may impound or destroy an animal if
it is witnessed in the act of pursuing or wounding any other animal(s)
or attacking humans. There shall be no liability of the officer in
damages or otherwise for such destruction of the attacking animal(s).
C.
Dangerous dogs and potentially dangerous dogs must be registered
with the Village.
It shall be unlawful for any person owning or maintaining any
place for public accommodation, public entertainment or amusement,
a restaurant, or who operates a public transportation facility to
exclude any animal which has been trained to assist the impaired,
provided that such animal is in the company of the impaired person
whom it was trained to assist.
A.
A hobby breeder shall not allow any animal to leave the breeder's
premises, other than for veterinary care, before the age of eight
weeks of age, and the breeder must provide proof of first vaccinations,
except in exigent circumstances.
B.
A hobby breeder shall not advertise for sale any animal within the
Village unless the hobby breeder permit has been obtained and the
permit number is prominently displayed legibly in any advertisement,
including but not limited to print, internet or other media. The breeder
shall furnish the hobby breeder permit number to anyone requesting
the number.
C.
Animals shall not be sold other than on the premises of the breeder,
whether intentionally or unintentionally bred, except by a 501(c)3
animal rescue organization.
D.
Hobby breeder premises shall follow the regulations set forth for
a "hobby kennel" in Section 10-1, Zoning, of the Village Code.
