[HISTORY: Adopted by the City Council of the City of Socorro
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 9, Art. 1, of the 1977 Code]
[Added 7-7-2014 by Ord.
No. 14-055-19]
As used in this article, the following terms shall have the
meanings indicated:
Farm livestock, including but not limited to sheep, goats, horses and cows. (See Article II of this chapter for regulations regarding dogs.)
[Amended 7-7-2014 by Ord.
No. 14-055-19]
If any animal is found running at large contrary to the provisions
of this article, the Chief of Police shall take up and confine the
animal in a secure place or other place provided for that purpose,
and 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 keeping the sum of $20 for
the taking up of such animal together with the sum of $7 per day for
each and every day such animal is kept by the officer aforesaid unless
otherwise provided in this Code. The money shall be turned in to the
Clerk-Treasurer.
A.
If the owner or person entitled to the possession of an animal does
not pay the charges and take it away within five days from the time
it is taken into custody, the Chief of Police may sell such animal
to public auction after having given at least five days' notice
of the time and place of such sale by publishing or by posting said
notice in five public places in the City as well as serving a copy
of said notice upon the owner or possessor of said animal, if known.
Such animal may be redeemed at any time before the date of sale by
payment to the officer in or his assistant of any fees, expenses
and charges herein provided.
B.
In case an animal sold pursuant to the provisions of this section
is sold for more than is sufficient to pay the fees and charges aforesaid,
such expenses shall, by the officer or his assistant making the sale,
be deposited with the Clerk-Treasurer, who shall pay such excess,
upon order of the City Council, to the owner of such animal or animals
or the person entitled to the possession of the same upon claim and
proper proof within one year from the date of said sale.
C.
In the event such animal is infected or cannot be sold, it may be
disposed of in the manner provided for unclaimed or infected dogs.
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 City 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 this City.
It is unlawful for any person to unnecessarily beat, injure
or maltreat any animal.
[Amended 7-7-2014 by Ord.
No. 14-055-19]
It is unlawful for any person to keep or harbor any hogs, sheep or goats within the corporate limits of the City unless otherwise allowed by the City's Planning and Zoning Ordinance (see Chapter 250, Zoning, of the City Code).
It is unlawful for any person to herd or harbor any cattle, horse or other livestock within the corporate limits of the City. (See Chapter 250, Zoning, of the City Code.)
It is unlawful for any person who owns, harbors or keeps within
the corporate limits any chickens, ducks, geese, turkeys, or other
domestic fowl, or any hare or rabbits, 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.
[Adopted 12-6-1999 by Ord. No. 99-11-01 (Ch. 9, Art. 2, of
the 1977 Code; amended in its entirety 12-3-2018 by Ord. No. 18-11-05]
This article shall be known and may be cited as the "Animal
Care and Control Ordinance of the City of Socorro" and is referred
to herein as "this article."
This article is created pursuant to the enabling authority set
forth in New Mexico Statutes Annotated (NMSA, 1978), Section 3-18-3;
NMSA (1978), Section 77-28-11; and NMSA (1978), Section 77-30-18.
If any section, subsection, sentence, clause, or phrase of this
article is for any reason held to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portions
of this article, it being the intent of the Council to enact each
section, subsection, sentence, clause, or phrase of this article separately
and independently of each other section, subsection, sentence, clause,
or phrase.
The Council may amend or modify this article in accordance with
state statutes and following a public hearing, due notice of which
shall be given by the City.
Violations of this article shall be punishable as set forth in Chapter 1, Article III, Penalties, of the Socorro City Code § 108-21, and the Schedule of Fees & Other Assignable Costs (Appendix A). Where the violator has been convicted of a crime constituting a petty misdemeanor, the judge may sentence the person to be imprisoned in the county jail for a definite term not to exceed 90 days, or to the payment of a fine of at least $99 and not more than $329, or to both imprisonment and fine, in the discretion of the court. The court may exercise discretion to suspend a sentence in whole or in part upon the satisfaction of lawful conditions imposed by the court. Each day this article is violated may be considered a separate offense. In addition, the judge shall order a mandatory animal control fee of $30 which is considered to be a surcharge, and may order the removal or destruction of the animal in instances of citations for cruelty or neglect or harboring a dangerous or potentially dangerous animal.
Word forms. 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 article.
To leave an animal on one's premises for more than 24
hours without making provisions for food, water and shelter of the
animal, or to leave an animal on property other than one's own
without the consent of the owner of the property and without making
provisions for food, water and shelter of the animal, or to abdicate
reasonable care or control of an animal in any location where a reasonable
person would know the animal has little chance of finding food, potable
water or shelter.
Drainage sufficient to prevent the unintentional standing
or pooling of water.
The retrieval, by choice, of a domestic animal from the Animal
Shelter and Adoption Center, and the assumption of responsibility
for proper care of the animal in accordance with this article. Adoption
is used also in the context of shelters and rescue organizations,
resolutions, legal agreements, and fees that facilitate adoption.
Any living nonhuman mammal, bird, reptile, or amphibian including,
but not limited to, domestic animals, exotic or wild animals, livestock,
bats, pigeons, porcupines, poultry, prairie dogs, rabbits and skunks.
For the purpose of this article, insects and arachnids are not included
in the definition of animals.
Any person designated as such by the City, who shall be deputized
and charged with enforcement of the provisions of this article in
the field and to perform other duties as assigned by the Mayor.
Any traveling animal show, animal refuge, zoo, petting zoo,
circus, animal ride, animal act, or any premises or activity operated
for the purpose of showing any animal or providing entertainment through
animal performances.
An organized event involving one or more dogs, cocks, or
other fighting animals and that has the purpose or probable result
of one animal inflicting injury on or killing another animal.
Equipment that any reasonable person would ascertain is used
for animal fighting purposes, which includes, but is not limited to:
Instruments designed to be attached to the leg of a bird such
as boxing gloves, knives, gaffs, or other sharp instruments;
Performance-enhancing drugs or substances, and veterinary equipment
such as suture equipment and bags of saline solution;
Items to train and condition dogs to fight including, but not
limited to, hides or other material used as hanging devices to strengthen
and/or condition dogs, wooden sticks or handles used to pry open jaws,
food or water additives, treadmills, and jenny mills;
The presence of any animal that appears to be a fighting animal
alone or together with animals suspected of being used as bait animals
including, but not limited to, rabbits, cats, and other dogs; and
Information about training or managing fighting animals such
as documents and videotapes.
A person 18 years of age or older, or the parent or guardian
or other person responsible for a person under 18 years of age who
owns, keeps, cares for, or harbors an animal, or who allows an animal
to remain on or about his premises for more than 14 consecutive days.
An organization and facility dedicated to the adoption of
unwanted, abandoned, abused, or stray domestic animals, either from
its own premises and/or from temporary, private, foster homes. Animal
rescue groups are commonly private, volunteer-run, nonprofit organizations
dedicated to a particular animal, such as cats, birds, or dogs, and
to a specific breed, such as boxers or Labrador retrievers. Animal
rescue sites often work closely with municipal shelters, fostering
and ultimately rehoming purebred dogs or difficult-to-place older
animals. Within the City of Socorro, the premises of an animal rescue
site must obtain a conditional use permit and a multiple animal permit.
Any establishment:
All staff, premises, facilities, and programs provided by,
or contracted-out by the City of Socorro to implement and/or enforce
this article.
Aggression toward a person or another animal without justification,
causing injury or death. Justification for aggressive behavior includes
when the animal is protecting himself or herself, her guardian, her
offspring or her home from harm, or when the animal has reason to
fear a person or animal who has harmed her in the past.
A puncture or tear of the skin inflicted by the teeth of
a domestic animal or a canine hybrid or by a wild/exotic animal held
in captivity.
A commercial establishment where animals are housed overnight
for the benefit of the animal's owner. Zoos, guard dog sites,
pet stores, or state-inspected veterinary hospitals are not included
except where non-patient boarding services are expressly offered.
Any canine that results from the breeding of a domestic dog
(Canus domesticus) with any other canine sub-species including, but
not limited to, wolves and coyotes.
The City of Socorro, a municipal corporation incorporated
under the laws of the State of New Mexico.
Secure containment of an animal within a building or enclosure
and away from other animals and the public.
Breeding of a domestic animal that follows a breeding plan
in efforts to preserve and protect the breed, and producing between
zero and four litters yearly only when a litter will enhance the breed
and the breeding program.
The governing body of the City of Socorro.
A person other than the owner, who has temporary or long-term
responsibility for or possession of an animal.
The possession of, control of, and responsibility for an
animal by a person who may or may not be the owner.
An animal that at any time, and without provocation, attacks
a person or other domesticated animal that is lawfully in the presence
of the attacking animal and is acting peaceably when the attack results
in serious injury or death.
A commercial establishment that takes temporary possession
of a domestic animal at the request of an owner to provide safety,
comfort and/or socialization for the animal.
An animal that has been tamed and kept by humans as a pet.
An area of secure confinement indoors or outdoors, such as
a parcel of land, or any portion thereof, completely surrounded at
its perimeter by a wall or fence, locked pen or other structure that
is designed to prevent an animal from escaping the confined area and
unauthorized persons from entering the confined area. A proper enclosure
must be of sufficient height and strength to contain the animal within.
The humane killing of an animal by a licensed, authorized
person in a manner commonly recognized as humane and approved by the
appropriate state agency and not causing undue pain or suffering to
the animal.
An adult male bird that is bred, possessed, reared or trained
for use in, or that is actually used in, a cockfight or any other
fight or contest involving animals.
A dog that is trained for use in, or that is actually used
in, a fight with other dogs or any other animal.
Any person who fosters an animal from or through the Socorro
Animal Shelter and Adoption Center to lend aid and comfort and to
otherwise assist in making the animal adoptable or to provide a safe,
homelike environment to minimize the effects on the animal being separated
from its family.
An establishment that provides animal grooming services for
domestic animals.
Any dog disciplined to protect persons and/or property by
attacking or threatening to attack any person found within the area
authorized to be patrolled by such dog. These dogs are trained for
personal protection, area protection, and/or the apprehension or warding
off of an individual by means of barking, threatening gestures, biting,
or restraining by the use of its teeth.
An establishment that utilizes a guard dog and that possesses
a current guard dog permit. All premises in which a trained guard
dog is kept must display a sign or notice that must be conspicuously
displayed, warning the public of the presence of the trained guard
dog.
A person involved in controlled breeding of domestic animals
that are registered with a nationally or internationally recognized
animal registry organization and produces less than four litters annually.
Any residence, building, or other structure used in whole
or in part for keeping, raising, or breeding animals registered with
a nationally or internationally recognized animal registry organization,
and of which the resultant offspring are not sold for resale to commercial
outlets or for the purpose of research, testing, or laboratory experimentation.
A human social or family unit composed of persons living,
residing and domiciled in the same residence, whether related or not.
A permit issued by the Animal Shelter and Adoption Center
that is required to operate a multiple animal site.
Property in a residential zone, upon which more than 10 dogs
or cats, in any combination, and in compliance with a current multiple
animal permit obtained by the owner or custodian of the animals.
Failure by an owner to provide care, including, but not limited
to, food, water, shelter, shade, grooming or veterinary care, which
failure causes an animal to suffer physical or emotional harm.
The relinquishment of ownership of an animal to the Animal
Shelter and Adoption Center by the owner of the animal.
An individual, household, firm, partnership, corporation,
company, society, association, or legal entity, and any officer, agent,
or employee thereof.
A retail establishment that sells products for feeding and
caring for pets but is prohibited from the retail sale of dogs and
cats from commercial breeding facilities.
Deliberately or intentionally feeding to or setting out to
be ingested by any animal of any substance that is treated or prepared
with any harmful or toxic substance.
Any animal that may reasonably be assumed to pose a threat
to public safety as demonstrated by the following behaviors:
Causing an injury to a person or domestic animal that does not
result in muscle tears, disfiguring lacerations, require multiple
sutures, or corrective or reconstructive surgery; or
Chasing or menacing a person or other domestic animal in an
aggressive manner and without provocation; or
Acting in a highly aggressive manner within a fenced yard or
enclosure and appearing able to jump out of the yard or enclosure;
or
Any exotic or wild animal held in captivity by a human that,
because of its poisonous bite or sting, would constitute a significant
hazard to the public.
A parcel of land and the structures thereon.
Sufficient reason, based upon known facts, to believe a crime
has been committed or that certain property is connected with a crime.
Including, but not limited to, a boarding kennel, grooming
parlor, doggie day-care, pet store, sanctuary, animal rescue site,
or animal shelter.
Animal that is taken into custody by the Animal Control Officer
while the owner is unable to care for the animal.
The strict containment and isolation of an animal for any
length of time in accordance with this article, state law, or federal
law, in order to observe for and control the spread of infectious
or contagious diseases, such as rabies.
The retrieval of an animal from the Animal Shelter and Adoption
Center by its owner or custodial person.
An animal beyond the boundaries of the owner's premises
and free from the owner's control. Free from an owner's
control shall mean those animals that are not contained by an enclosure
or restrained on a leash no longer than eight feet held by a responsible
person capable of controlling the animal. Verbal commands do not constitute
control of an animal. Running at large includes all stray animals.
Secure confinement indoors or outdoors, such as a parcel
of land, or any portion thereof, completely surrounded at its perimeter
by a wall or fence, locked pen or other structure, that is designed
to prevent the animal from escaping the confined area and young children
from entering the confined area. The enclosure must be of sufficient
height and strength to contain the animal within and provide sufficient
room for the animal to comfortably move around within the structure.
Any physical injury to a person or animal that results in
broken bones, multiple bites, or disfiguring lacerations requiring
sutures, corrective, or reconstructive surgery.
Dogs or miniature horses that are individually trained to
do work or perform tasks for people with disabilities. Examples of
such work include guiding people who are blind, alerting people who
are deaf, pulling a wheelchair, alerting others and protecting a person
who is having a seizure, reminding a person with mental illness to
take prescribed medications, calming a person with post-traumatic
stress disorder. Service animals are working animals, not pets. The
work or task a service animal provides must be directly related to
the person's disability. Animals whose sole function is to provide
comfort or emotional support do not qualify as service animals.
The State of New Mexico, United States of America.
Any animal beyond the boundaries of the owner's premises
and free from the owner's restraint or control, including all
animals that are running at large, abandoned, or have no known owner.
Property that allows an animal to come and go at will and
without restraint to keep it on its owner's property.
Inoculation with an anti-rabies vaccine recognized and approved
by the State of New Mexico and given in accordance with state law.
Wild rodents and various insects including flies, mosquitoes,
ants and wasps.
Any vertebrate member of the animal kingdom that does damage
to humans or the environment, including rodents, carnivores, other
mammals, birds, reptiles and amphibians, and fish.
A doctor of veterinary medicine licensed to practice in the
State of New Mexico.
Any animal found naturally in a wild state, whether indigenous
to the State of New Mexico or not and whether raised in captivity
or not. Such animals, though they may be trained and domesticated,
include, but are not limited to:
Wolves, foxes, coyotes, dingoes, and other members of the nondomestic
canine families;
Lions, pumas, panthers, mountain lions, wildcats, and other
members of the non-domestic feline families;
All bears, including grizzly bears, black bears, brown bears,
etc.;
Raccoons, including eastern raccoon, desert raccoon, ring-tailed
cat, etc.;
Primates, including all non-human great apes other than qualified
service animals;
Skunks;
Bats;
Indigenous and non-indigenous poisonous snakes;
Alligators, crocodiles, caimans, or poisonous lizards;
Venomous fish and piranha; and
Federally protected birds.
An establishment that maintains a collection of wild animals
for study, conservation, or display to the public and accredited by
the American Zoological Association.
Reasonable rules and procedures may be prescribed as needed
by the Mayor, or his delegate, in order to carry out the intent and
purposes of this article, and in accordance with the provisions of
this article.
A.
Appointment. The City of Socorro shall appoint at least one Animal
Control Officer or shall, under a duly adopted joint powers agreement,
accept one or more Animal Control Officers appointed by another entity.
B.
Commissioned. The Animal Control Officer, whether an employee of
the City of Socorro, or a contracted agent, shall be an agent or employee
of the City, and shall be responsible for enforcement of the Animal
Care and Control Ordinance of the City of Socorro and Statutes of
the State of New Mexico, as applicable.
C.
Identification. The Animal Control Officer shall wear a uniform and
shall carry official identification. Official identification shall
be issued by the City Clerk and must be surrendered upon cessation
of either employment or contract with the City.
A.
The Animal Control Officer shall have the authority, and is directed
to investigate, upon reasonable cause, including complaints, any alleged
violation of this article.
B.
If the Animal Control Officer has probable cause to believe that
a person has violated this article, the Animal Control Officer may
prepare a citation giving written notice to a court.
C.
The citation shall contain:
(1)
The name and address of the person violating this article;
(2)
The driver's license number of such violator, if known;
(3)
The code section allegedly violated;
(4)
The date when the person allegedly committed the violation;
(5)
The place where the person allegedly committed the violation;
(6)
The location where the person shall appear in court and the deadline
for appearance.
D.
The Animal Control Officer shall present the citation to the person
he/she has probable cause to believe violated the code section in
order to secure the alleged violator's written promise to appear
in court by having the alleged violator sign at least one copy of
the citation.
E.
The Animal Control Officer shall deliver a copy of the citation to
the person promising to appear.
F.
If the alleged violator refuses to or is unable to give his written
promise to appear, or if the violator refuses to meet with the Animal
Control Officer, the Animal Control Officer may prepare a written
complaint (criminal summons) against the alleged violator and file
the complaint with the City of Socorro Municipal Court.
A.
Impounding of animals. Any Animal Control Officer shall make all
reasonable effort to impound:
(1)
Any animal determined to be running at large;
(2)
Any animal in plain view on its own premises whose condition threatens
serious injury or imminent death to the animal itself;
(3)
Any animal in plain view on its own premises whose actions threaten
serious injury or imminent death to any person or to another animal
within the same premises;
(4)
Any animal that has been identified as having bitten any person until
such time as the animal's vaccination records can be verified;
(5)
Any animal when so ordered by a court of competent jurisdiction.
B.
Entry to private premises.
(1)
The Animal Control Officer shall be authorized to enter upon any
private premises with the permission of the owner/occupant or as otherwise
provided for by law, for the purpose of making inspections to determine
compliance with this article, impounding animals as authorized or
mandated under this article, and examining records pertinent to the
origin and care of any animals located at, or emanating from, the
premises.
(2)
The Animal Control Officer shall have the authority to enter private
property to affix any summons, notice or official document upon the
door of any residence occupied by an owner or custodial person.
(3)
Except in cases of imminent danger to either the public or an animal,
the Animal Control Officer shall make reasonable efforts to obtain
the permission of the property owner/occupant.
(4)
In case of imminent danger to the public or an animal, the Animal
Control Officer shall be authorized to enter upon any premises or
go upon unenclosed parcels of land or enter any pen, enclosure, yard
or vehicle to enforce this article. However, the Animal Control Officer
must personally view any violation prescribed by this article that
would place the public or any domestic animals in immediate peril.
Further, the officer may enter only to the extent necessary for the
immediate rescue of an imperiled animal or a member of the public.
(5)
No Animal Control Officer may enter any dwelling or place of business
without the permission of the owner, unless he/she has personally
viewed any violation described in this document that puts the public
or any domestic animals in immediate peril. If an owner/occupant refuses
permission to enter, the Animal Control Officer may seek a court order
or warrant to enter premises as provided by law for the purpose of
making inspections to determine compliance with this article and impound
animals as authorized by the City.
(6)
In cases where entry is mandated by a court order or a warrant, the
order or warrant must be executed in the company of an authorized
law enforcement officer of the City, county, or state.
C.
Seizure of dangerous and potentially dangerous animals; petition
to court.
(1)
Following notice to the owner, if the Animal Control Officer has
probable cause to believe an animal is dangerous or potentially dangerous,
and poses an imminent threat to public safety, the Animal Shelter
and Adoption Center may apply to a court of competent jurisdiction
in the county where the animal is located for a warrant to seize the
animal and impound the animal or may impound the animal with the owner's
consent.
(2)
The animal shall be impounded by the Animal Shelter and Adoption Center pending disposition of the case or, if the animal is deemed potentially dangerous, until its owner has fulfilled the requirements for a certificate of registration pursuant to the provisions of § 108-33.
(3)
After seizure:
(a)
The owner may admit that the animal is potentially dangerous and comply with the requirements for a certificate of registration pursuant to § 108-33; or
(b)
The Animal Shelter and Adoption Center may, within 14 days after
seizure of the animal, bring a petition to a court of competent jurisdiction
seeking a determination of whether the animal is dangerous or potentially
dangerous. If the court finds that the animal is:
[1]
Dangerous and/or poses an imminent threat to public safety,
the animal will be humanely destroyed.
(4)
If the court does not make the required findings pursuant to this
subsection, the court shall immediately order the release of the animal
to its owner. A determination that an animal is not dangerous or potentially
dangerous shall not prevent an animal control authority from making
a subsequent application for seizure based on the animal's subsequent
behavior.
D.
Dead animals.
(1)
In order to help safeguard the public safety and health, any Animal
Control Officer shall be authorized to pick-up and dispose of any
dead domestic animal lying in any public right-of-way, or in any private
access easement which is dedicated for public use. The Animal Control
Officer shall make a reasonable attempt to notify the owner of any
dead dog or cat prior to disposal.
(2)
At the discretion of the Animal Control Officer, the City may pick
up and dispose of any dead and privately owned domestic animal at
the owner's request.
(3)
Disposal shall be accomplished in such a manner as to minimize vermin
infestation, odors, and disease.
(4)
Potentially rabid animals shall be handled in a manner consistent
with state law and the requirements of this article.
E.
Authority. An Animal Control Officer may move to dismiss any citations,
criminal summons, or fees provided the owner complies with an agreement
entered into with the officer as to the action required to correct
the cited problem.
F.
Personal liability. There shall be no personal liability on the part
of any Animal Control Officer in the lawful execution of his/her assigned
duties, except as provided by state or federal law.
A.
Purpose. The purpose of this schedule shall be to defray expenses
related to enforcement of this article.
B.
Method of payment. Payment of any and all fees and other assignable
costs shall be made to the City of Socorro in a method acceptable
to the City, and become due immediately upon imposition.
C.
Adoption by resolution. This schedule shall be as is duly adopted
or amended by ordinance of the Council.
D.
Fines for violations. Any person who violates a provision of this
article may be deemed guilty of a petty misdemeanor, and upon conviction
thereof, may be subject to the penalty provisions set forth in this
article. Each day this article is violated may be considered a separate
offense. Where the defendant has been convicted of a crime constituting
a petty misdemeanor, the judge may sentence the person to be imprisoned
in the county jail for a definite term not to exceed 90 days or to
the payment of a fine of at least $99 and not more than $329 or to
both such imprisonment and fine in the discretion of the judge.
A person who has personal knowledge of a violation of this article
and who can identify the owner of the animal involved or the premises
where the animal is located may contact an Animal Control Officer,
the Socorro Police Department, or the Animal Shelter and Adoption
Center to file a complaint alleging a violation of this article. The
complainant may be required to provide his/her name and address and
swear to and affirm the complaint.
A.
General. The City shall provide or contract for sufficient facilities
to be used for the purpose of humanely boarding and caring for animals
impounded under the provisions of this article. Such a facility shall
meet the requirements established in this section.
B.
Animal housing facilities.
(1)
Animal housing facilities shall be structurally sound, constructed
of nontoxic materials, and weatherproof. Interior floors shall be
of smooth, easily cleanable construction, and impervious to water.
The premises shall be kept clean, sanitary, and in good repair in
order to protect animals from disease and/or injury.
(2)
Animal housing facilities shall be provided with proper ventilation,
temperature control, shade, and lighting necessary for the health
and safety of animals according to each species' needs.
(3)
Provisions shall be made by a responsible person in charge of any
impounded animal for the removal and proper disposal of any animal
and/or food waste, soiled bedding, dead animals, and miscellaneous
debris. Disposal shall be accomplished in such a manner as to minimize
vermin infestation, odors, and disease.
(4)
Specific housing and other facility requirements will be established
by Animal Control for the different kinds of animals that will be
housed there. The requirements will be made available in writing and
without charge upon request.
A.
Requirement. Upon impounding or receiving any animal, the Animal
Control Officer shall record data required by this section into a
registry to be kept for such a purpose.
B.
Record of impounded animals. The record shall contain at least the
following information:
(1)
The date, time, location, reason for impoundment, and manner of the
animal's acquisition.
(2)
A description of the animal, including species, breed, color, and
sex.
(3)
The animal's name, and the owner's name, address, and phone
number, if known.
(4)
Verification of notification and reasonable attempts at notification
to the known owner of animal impounded with identification.
(5)
The animal's City license number if any, rabies tag number and
microchip number, if available.
(6)
The date, time, and manner of the animal's disposition, as prescribed
by this article.
(7)
The name, address, and telephone number of the person adopting/reclaiming
the animal, if applicable.
(8)
All fees received.
(9)
A record of all "dead on arrivals," including any identification
information found on the animal and a description of the animal when
possible.
A.
Notice. If the owner of an impounded animal is known, the Animal
Control Officer shall make a reasonable effort to notify the owner
immediately. If the owner of the animal is not known, a notice of
the impoundment shall be posted in a conspicuous place at the office
of the Animal Shelter and Adoption Center and online.
B.
Duration.
(1)
All stray impounded animals without identification shall be held
for a minimum of four working days and notice of impoundment posted.
(2)
All stray animals with identification shall be held a minimum of
seven working days and notice of impoundment posted. The Animal Shelter
and Adoption Center will make all reasonable efforts to notify the
owner of the impoundment of the animal, such as by telephone or by
posting a notice at the owner's listed property address.
(3)
All quarantined animals shall be held and observed for a period of
10 consecutive days from the date of the bite or seizure.
(4)
All owner-surrendered animals become the property of the City of
Socorro at the time of surrender.
(5)
All animals placed under protective custody shall be held a minimum
of 15 consecutive days unless reclaimed by owner or custodial person.
(6)
In computing any period of time under this section, the day that
the animal is impounded shall not be included. The last day of impoundment
shall be included, unless it is a day when the shelter is closed,
in which case the period of time continues until the end of the next
day that is not one of these days.
C.
Redemption/reclamation by owner. In conformance with any and all
other requirements of this article and except for animals held on
complaint, for quarantine, in protective custody, or impounded under
similar circumstance, an owner or custodial person of any impounded
animal shall have a limited right to redeem/reclaim the animal within
the required holding period conditional on compliance with this paragraph
and all other applicable provisions of this article, including completion
and signing of the Reclaim/Adoption Agreement (Appendix B). If an
owner or responsible person contacts the Animal Shelter and Adoption
Center before expiration of the impoundment period, but cannot arrange
to reclaim the animal before the impoundment period expires, the Animal
Shelter and Adoption Center shall assist the owner or responsible
person in making alternative arrangements, at the owner's or
responsible person's expense.
D.
Payment of fees and other assignable costs. In all cases, the limited
right to redeem may only be exercised by the owner or custodial person
upon payment to the City of any license fees due, impound fees, boarding
charges, vaccination and other veterinary charges, and other costs
incurred by the City in the care and maintenance of said animal, or
as designated in the Schedule of Fees and Other Assignable Costs (Appendix
A).
E.
Sterilization and vaccination deposit for redeemed domestic animals.
In conformance with NMSA (1978), Section 77-1-20, and in addition
to any other requirements of this article, for the redemption/reclaiming
of any intact domestic animal the owner/custodial person shall:
(1)
Pay a sterilization and vaccination deposit, given in the Schedule
of Fees and Other Assignable Costs, prior to the adoption or reclaim
of each domestic animal; and
(2)
Sign an agreement to have the animal sterilized by the age of six
months in the case of an animal younger than six months, or within
30 days in the case of an animal older than six months, unless the
owner purchases a breeder's permit.
(3)
A sterilization and vaccination deposit shall not be required if
the animal is proven to be sterilized. However, the owner or responsible
person shall forfeit the sterilization and vaccination deposit paid
for a domestic animal that is subsequently impounded again and not
shown to be sterilized.
F.
Refund of sterilization and vaccination deposit. A sterilization
and vaccination deposit shall be reimbursed to the owner upon delivery
of a valid receipt from a veterinarian proving that the redeemed/reclaimed
animal was sterilized within the specified period.
G.
Animals held on court order. In all instances where an animal is
impounded and a court order related to a violation of this article
has been filed in a court of competent jurisdiction against the owner
of the animal, the animal shall not be released except upon order
of the court. The court may direct the animal owner to pay any penalties
or fines for violation of this article in addition to penalties resulting
from other charges.
H.
Nonredeemed animals. Any animal not redeemed/reclaimed within the
required holding period shall become the property of the City. Animals
that have thereby become the property of the City may be:
I.
Adoption. An impounded animal shall be released for adoption after:
J.
Sterilization and vaccination of adopted animals. In conformance
with NMSA (1978) Section 77-1-20, and in addition to any other requirements
of this article, for the adoption of any unsterilized dog or cat,
intact animals older than six months of age will be sterilized at
the expense of the adopter prior to being released to the adopter.
For animals younger than six months, the adopter shall pay a sterilization
and vaccination deposit as established in the Schedule of Fees and
Other Assignable Costs (Appendix A), and shall sign an agreement to
have the animal sterilized by the age of six months. The sterilization
and vaccination deposit shall be refunded to the owner upon delivery
of a valid receipt from a veterinarian proving that the redeemed/reclaimed
animal was sterilized within the specified period.
K.
Penalty for violating Sterilization Act. Any violation of NMSA (1978),
Section 77-1-20, known as the "Sterilization Act" and involving the
failure to sterilize an adopted or reclaimed domestic animal within
the required period, is a misdemeanor and shall be punishable by a
fine of at least $99 and not more than $329.
L.
Euthanasia. Any impounded animal may be euthanized by the Animal
Control Officer, or by such other persons as may be contracted with
by the City to perform such euthanasia:
(1)
After the required holding period for redemption/reclaiming has passed;
or
(2)
For medical humane reasons to prevent suffering; or
(3)
If the owner admits that the animal is dangerous or potentially dangerous
and relinquishes ownership of the animal to the Animal Shelter and
Adoption Center; or
(4)
If the Animal Control Officer or a member of the Animal Shelter and
Adoption Center Staff observes that an animal is dangerous or potentially
dangerous; or
(5)
If the court finds, by clear and convincing evidence, that an animal
is dangerous or potentially dangerous and poses an imminent threat
to public safety and orders humane destruction of the animal.
(6)
Other euthanasia decisions will be bound by City of Socorro Resolution
11-01-03b, adopted on January 3, 2011.
There is a recognized need for vertebrate pest control for the
protection of human health and safety and for the protection of private
and public property within the City of Socorro. This work may be performed
by private citizens on land that they own or lease, and by federal,
state, or local government employees. All persons shall work in compliance
with all applicable federal, state, county, and local laws and regulations.
It is recognized that various levels of protection exist for animal
species and that this section will not attempt to override or lessen
those protections. This section will work within those laws afforded
for animals. Animal Control Officers have the authority to approve
or disapprove of methods used to perform vertebrate pest control that
are not otherwise specified in this section.
A.
Pest-control methods requiring authorization. Landowners and other
agency personnel will be required to receive prior authorization from
the Animal Shelter and Adoption Center for the following methods of
vertebrate pest control:
(1)
Shooting with a firearm;
(2)
Chemical immobilization;
(3)
Quick-kill traps;
(4)
Leg-hold traps, subject to the following:
(a)
Leg-hold traps shall only be used as a last resort and only
with the written approval of the Animal Control Officer and the Clerk
or his/her authorized agent;
(b)
Leg-hold traps shall be size no. 3 or smaller, part-tension,
with offset jaws or jaws modified so they do not close together around
the leg;
(c)
No leg-hold trap set shall be made within 100 yards of any occupied
dwelling without written notification to the dwelling's occupant;
(d)
Traps shall be checked every 12 hours;
(e)
All animals trapped will be removed by the landowner or designated
agent.
B.
Pest-control methods not requiring authorization. The following methods
of vertebrate pest control will not require authorization from the
Animal Shelter and Adoption Center, but may only be performed by private
citizens or their designated agent within the confines of their own
property:
(1)
Quick-kill traps for the control of gopher, mole, rat, and mouse
species;
(2)
Live traps, subject to the following:
(a)
An Animal Control Officer or the resident where the live trap
is placed may remove any animals found in the trap;
(b)
Live traps shall be checked at least every 12 hours by the property
owner or designated agent.
(c)
The Animal Control Officer may be contacted for issuance of
a live trap for a resident's temporary use. It is not a violation
of this section or any other section of this article for a resident
to own live traps as long as they meet the requirements specified
in this section.
(3)
Pesticides. Pesticide use shall be permitted if the product used
is an EPA-registered pesticide and is used in accordance with special
use restrictions for the control of vertebrate pests.
A.
Vaccination required. All dogs, cats, and ferrets three months of
age or over shall be vaccinated against rabies by a veterinarian at
the owner's expense no less frequently than is required by state
law.
B.
Vaccination tag and certificate.
(1)
The owner of an animal vaccinated for rabies shall obtain from the
veterinarian a certificate containing the following:
(2)
The rabies certificate shall be surrendered for verification or examination
upon demand of the Animal Control Officer or any other person charged
by the City with enforcement of this article. The tag shall bear the
certificate number and the year of vaccination and shall be worn attached
to a collar or harness at all times, exceptions being cats, working
animals, show dogs, animals being kept in a veterinary hospital or
animals performing in agility, herding, tracking, coursing, or hunting
capacities. Owners shall be responsible for replacing lost tags. Tags
and certificates are nontransferable. Animals without valid and current
tags and certificates shall be subject to fines as designated in the
Schedule of Fees and Other Assignable Costs. Veterinarians within
the City of Socorro shall surrender for verification copies of the
unique-numbered vaccination certificates upon demand of an Animal
Control Officer or any other person charged by the City with enforcement
of this article.
(3)
No person may remove any vaccination tag from one domestic animal
to another, or manufacture or cause to be manufactured or to possess
or control a stolen, counterfeit, or forged animal vaccination certificate
or tag.
C.
Suspected rabies. Any veterinarian who makes a clinical diagnosis
of rabies and any person who reasonably suspects rabies in any animal,
including domestic animals and wild animals, shall immediately report
the same to the Animal Shelter and Adoption Center and New Mexico
Department of Health, providing information about where and when such
animal was seen and, if possible, where it may be found.
D.
Exposure to rabies/biting. To ensure protection of the public health
and welfare and control the spread of the rabies virus:
(1)
Any person with knowledge that an animal has bitten a person shall
immediately report the incident to the Animal Shelter and Adoption
Center and the New Mexico Department of Health.
(2)
Any physician or other health care professional who treats a person
for an animal bite shall report such treatment to the Animal Shelter
and Adoption Center and New Mexico Department of Health within 24
hours of such treatment.
(3)
The report shall specify the name and home address of the person
bitten, and the precise location of the bite on the person bitten.
E.
Animal destruction or quarantine.
(1)
In accordance with NMAC 7.4.2.10 et seq., 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 and approved by the New Mexico
Department of Health. Upon the conclusion of the observation period,
the animal shall be released in accordance with all other applicable
provisions of this article if the animal does not show signs of infection
with the rabies virus. If the animal shows signs of infection during
the required period of confinement and observation, the animal shall
be destroyed and its head sent to an appropriate laboratory for rabies
testing.
(2)
No person may remove or release an animal from a quarantine location
during the observation period without the written consent of the Animal
Control Officer.
(3)
No person shall frustrate the quarantine of an animal during the
observations period, including allowing other animals into the quarantine
location.
F.
Dead suspected rabid animals. Pick-up and disposal of rabid animals
or animals suspected of infection with the rabies virus shall be handled
by the Animal Control Officer in a manner consistent with state law.
A.
Individual license. An individual license shall be required for any
animal required by this article to have a license aged three months
or older residing in the City of Socorro. A license will be valid
for one year. A current rabies vaccination shall also be required.
Persons applying for an animal license shall present a current rabies
vaccination certificate and proof of current standard vaccinations.
A current vaccination certificate and valid license issued by another
municipality or political subdivision of the State of New Mexico shall
be sufficient to meet the individual license requirement.
(1)
The control of issuing animal licenses and tags shall be the responsibility
of the Animal Shelter and Adoption Center or a designated agent under
contract to the City of Socorro, who shall maintain a register containing
the following information: date and number of each license and tag
issued; name and address of the owner; type and date of antirabies
vaccination; and expiration date of the license. Upon receiving proof
of rabies vaccination and standard vaccinations, the agent shall issue
to the dog owner a license and serially numbered tag. The license
shall contain the information set forth above for the license register.
(2)
The City Clerk may delegate authority and responsibility to the designated
Animal Control Officer or a designated agent under contract to the
City to assist in the issuance of license and tags, in which event,
he or she shall assign licenses, tags and receipt books to the Animal
Control Officer or designated agent. The City Clerk shall require
monthly reports reflecting the register information pertaining to
licenses and tags sold and an accounting of fees collected. A veterinarian
may issue the license and tag as described in this section. The veterinarian
issuing the license and tag shall be paid a service fee of $2, with
the remainder of the license and tag fee, as reflected above, to be
remitted to the City Clerk or a designated agent under contract to
the City. The City Council reserves the right to change fees as required
from time to time.
(3)
Fees. The annual fee for scheduled licenses and tags shall be as
set in the Schedule of Fees and Other Assignable Costs (Appendix A).
(4)
The owner shall ensure that the animal wears the issued license tag
attached to a collar or halter at all times.
(5)
Senior citizens shall be levied annual license and tag fees of $2
for a dog. Residents presenting proof that they are 62 years of age
or older shall qualify as senior citizens.
(6)
If there is a change in owner of a licensed dog, the new owner may
have the current license or tag transferred upon payment of a transfer
fee of $1.
(7)
Licenses will be available without cost for service animals with
proof of rabies vaccination.
(8)
If an issued license tag is lost or destroyed, the owner may obtain
a replacement tag upon presentation of the license and the payment
of a replacement fee of $1.
(9)
All surcharges, license fees and fines imposed for animals, as provided
in this article, that are collected by the designated agent under
contract to the City of Socorro, shall be placed by the City in a
separate fund. This fund shall be used solely to offset the costs
of sterilization programs or to offset the cost of emergency veterinary
care.
B.
Potentially dangerous animal license. A potentially dangerous animal
license shall be required for any animal deemed potentially dangerous
within the City of Socorro. The license will be valid for one year.
The owner must comply with the registration and handling requirements
for the potentially dangerous animal to obtain the potentially dangerous
animal license.
A.
General provisions. The City of Socorro or its contractor shall administer
a permit program. A permit is not a property right, and the City can
refuse, revoke, suspend, or modify permits and impose conditions upon
the issuance of permits. Permits are not transferable or refundable.
B.
Conditional use permit. No person shall operate a boarding kennel,
grooming parlor, pet shop, doggie day-care, refuge, shelter, guard
dog site, animal rescue site, or hobby breeder site without a valid
conditional use permit as defined in the City Zoning Ordinance. A
person may obtain a permit under the following conditions:
C.
Hobby breeder permit. A hobby breeder permit shall be required for
controlled breeding of dogs or cats, and no owner of any dog or cat
within the City shall cause or allow a dog or cat to breed without
first obtaining a permit, and subject to the following:
(1)
The applicant for the permit must show a plot plan of the premises
where the animals are to be kept, showing a minimum of two square
feet per animal pound of accessible space; identify the number of
cats and dogs that are proposed to be kept, including the number of
which are to be kept predominantly or entirely outdoors; and identify
the number and approximate location of any outdoor shelters on the
premises;
(2)
The hobby breeder permit number must appear in advertisements regarding
the sale of any litter;
(3)
The fee for a hobby breeder permit shall be $25 per year, in addition
to any other fee required under this article; and
(4)
The permit holder shall comply with all provisions of this article,
and shall keep the premises for which the permit is issued free from
any obnoxious, offensive, or unsanitary condition.
D.
Intact animal permit. An intact animal permit is required to keep
a dog or cat exempt from being sterilized as mandated by state law
when released from an animal shelter. No person shall breed or allow
to be bred a dog or cat for which an intact animal permit has been
issued unless accompanied by a hobby breeder permit.
E.
Litter permit. An owner who intentionally or unintentionally breeds dogs or cats and does not have a current hobby breeder's permit shall purchase a litter permit for each litter. The litter permit fee may be refunded at the time proof of sterilization of the female animal is submitted and verified by the Animal Control Officer no later than two months from the time the female dog or cat delivers a litter. The Litter Permit shall be required in addition to the license required in § 108-28A of this article.
(1)
The owner of an intact female must obtain a litter permit prior to
birth of a litter or within one week after the birth of a litter.
(2)
No person shall apply for or obtain more than four litter permits
per household in any consecutive twelve-month period.
(3)
A litter permit is required to advertise any animal under the age
of one year for sale, gift, barter, exchange, or give away in any
local periodical or newspaper of general circulation. The litter permit
number must be included in any advertisement of a member of the litter.
(4)
An owner shall not advertise, sell, barter, exchange or give away
any puppy or kitten under one year of age within municipal boundaries
unless a litter permit or hobby breeder permit has been purchased.
(5)
Litter permits expire two months from the date of issue.
(6)
The Socorro Animal Shelter and Adoption Center may waive the litter
permit fee for rescue groups and animal foster care providers.
(7)
Puppies and kittens can only be sold, given as a gift, or transferred
or conveyed in any other manner from the location listed on the litter
permit. Puppies or kittens sold on public property or commercial property,
even with the property owner's permission, are in violation of
this section and may be seized.
(8)
Puppies and kittens shall not be released from the permitted premises
before eight weeks of age and not before they have been immunized
against common diseases.
(9)
An owner shall furnish the litter permit number or hobby breeder
permit number to any prospective recipient requesting the number.
F.
Multiple animal permit. Any person wishing to exceed the combined
maximum limit of five dogs or cats in a household shall obtain a multiple
animal permit.
(1)
All dogs and cats at a multiple animal site shall be licensed. A
fostered pregnant dog or cat and her eventual offspring are temporarily
exempted from this requirement.
(2)
No person shall be authorized to keep or maintain more than 15 dogs
or cats at any multiple animal site, no more than four of which can
be unsterilized, without obtaining, in writing, the additional consent
and approval of the Animal Shelter and Adoption Center.
(3)
Granting of multiple animal permits and any other required approvals
shall be at the discretion of the Animal Shelter and Adoption Center.
(4)
No permit shall be issued until an inspection by Animal Control has
been completed and compliance with this article is achieved.
(5)
A multiple animal permit may be revoked, modified, or suspended if
an adjoining property owner is reasonably aggrieved by any effects
of the multiple animal site.
G.
Guard dog permit. The guard dog permit is required for all dogs trained
as guard dogs, whether used by a business or an individual. The guard
dog permit must be obtained in addition to the City dog license, which
is required of all dogs.
H.
Potentially dangerous animal permit. A potentially dangerous animal
permit shall be required for any animal deemed potentially dangerous
within the City of Socorro. The permit will be valid for one year.
The owner must comply with the registration and handling requirements
for the potentially dangerous animal to obtain the potentially dangerous
animal permit.[1]
I.
Wild/exotic animal permit.
(1)
A wild/exotic animal permit shall be required for all persons who
own, harbor, or keep any wild/exotic animal, as defined in this article.
Further, all persons who own, harbor, or keep any protected species
shall maintain all valid state or federal required permits therefor.
(2)
Prohibited exotic or wild animals. No person shall own, harbor, or
keep any species in violation of federal or state laws.
(3)
New animal addition. If the number of exotic or wild animals in a
collection increases as a result of the reproduction of members of
the collection or if animals in the collection are replaced by animals
of the same number and zoological species, an additional permit is
not required during the permit year, provided the Animal Shelter and
Adoption Center is notified in writing within 30 days of the addition
of the new animal(s).
(4)
Health requirements. Exotic or wild animal owners must submit a health
certificate from a veterinarian to the Socorro Animal Shelter and
Adoption Center within 14 days of acquisition of the animal. The health
certificate must certify that the animal is in good health and has
been vaccinated as appropriate for the species.
(5)
Wild/exotic animal permit requirements.
(a)
In addition to the professional animal facilities and care standard
requirements for the permitted premises required by this section,
wild/exotic animals shall be kept and cared for in a manner that does
not constitute a nuisance or endanger the safety of any other animal,
person, property, or the animal itself.
(b)
The holder of a permit for wild/exotic animal(s) must notify
Animal Control in writing within 30 days if the owner changes his/her
residence of the location of the exotic or wild animals, or sells,
or otherwise disposes of any of the animal(s) for which the wild/exotic
animal permit was issued.
(6)
Impoundment. The Animal Control Officer may impound a wild/exotic
animal for an owner's failure to comply with this section and
shall use the impound procedure set out in this article for potentially
dangerous animals if the wild/exotic animal may be a danger to other
animals, persons or property.
(7)
Exclusion. Notwithstanding the above, zoological parks, veterinary
hospitals, humane societies, animal shelters, public laboratories,
circuses, sideshows, and educational and scientific facilities are
excluded from the provision of this section, provided that the excluded
facilities use protective devices adequate to prevent the wild/exotic
animal from escaping or injuring the public or the animal itself.
J.
Posting of valid permits.
(1)
The valid required permit shall be posted in a conspicuous place
at each permitted premises.
(2)
This provision shall apply to all relevant permits issued pursuant
to this article, including but not limited to litter permits, hobby
breeder permits, multiple animal permits, potentially dangerous animal
permits, wild/exotic animal permits, guard dog permits, and conditional
use permits.
(3)
A permit holder shall notify the Animal Shelter and Adoption Center
of any changes in operations that may affect the status of any permit
issued pursuant to this article and shall keep the Animal Shelter
and Adoption Center informed of all changes in name, location, address,
and home and business telephone number of the site, and activities
covered by the permit.
(4)
Both the person in charge of a permitted premises and the owner of
the permitted premises shall be responsible for complying with this
section.
(5)
At each permitted premises, a current record shall be kept that describes
all animals owned, purchased, or received, and the final disposition
of each animal.
(6)
Permits shall expire one year after the date of issuance of the permit.
An application for renewal shall be filed at the Animal Shelter and
Adoption Center 30 days before the date of expiration. The fees and
application and inspection procedures for permit renewals shall be
the same as those for new applications. Failure to renew permits as
specified shall result in the expiration of the permit or in the assessment
of a 5% late fee.
K.
Access to permitted premises. Upon presentation of proper identification,
and at any reasonable time, the Animal Control Officer shall be allowed
to enter any permitted premises for the purpose of making inspections
to determine compliance with this article. The person in charge of
the permitted premises shall be allowed to accompany the Animal Control
Officer on the inspection. The Animal Control Officer shall prepare
a written inspection report that shall state whether or not the permitted
premises is in compliance with or in violation of this article. If
the premises are found to be not in compliance, the report shall specify
the nature of the noncompliance. A copy of the inspection report shall
be furnished to the person in charge of the property in violation.
L.
Permit approval. Within 10 days of receipt of an application for
a permit, the Planning and Zoning Office shall review the application,
if applicable, and the Animal Control Officer shall inspect the premises
to determine whether it complies with the standards established in
this article. The applicant shall be notified in writing by the Socorro
Animal Shelter Office of approval or denial of the permit application.
The Socorro Animal Shelter Office shall approve an application only
if it is determined that:
M.
Revocation of permit.
(1)
Any permit issued may be revoked if any of the following conditions
exist:
(a)
The permit holder has violated any City ordinances or New Mexico
laws relating to the keeping, care, or use of any animal;
(b)
The permit holder has failed to comply with any condition or
requirement of the permit or has failed to pay any fee required by
this article;
(c)
The permit holder refuses to allow inspection, on 48 hours written
notice, of any animal covered by the permit or the premises in which
the animal is kept;
(d)
The permit holder has transferred, sold, or otherwise disposed
of the animals for which a permit was issued.
(2)
If the Animal Control Officer or other law enforcement officer concludes
that there is probable cause to believe that one or more of the above
grounds for revocation has occurred, he or she shall give written
notice of revocation to the permit holder. Upon revocation of any
permit under this article, the permit holder shall be notified by
personal service or by certified, first class United States Mail.
The notice shall set forth the basis for revocation of the permit.
N.
Appeals. The permit holder may appeal the decision of revocation.
The appeal must be delivered in writing to the office of the City
Clerk within 10 calendar days after the date of service of the notice
of revocation of the permit. If the notice of revocation was served
via mail only, three additional days must be added to the appeal period.
The City Clerk shall set the time and place for a hearing before the
City Council and shall notify the permit holder of the hearing at
least 10 business days before the date of the council meeting. The
decision of the City Council shall be final. Any person whose permit
is revoked after the appeals process is exhausted shall, within 10
days, humanely dispose of all animals owned, kept or harbored. No
part of the permit fee shall be refunded.
A.
No person or any one household shall own, harbor, maintain, or keep
more than a combined total of five dogs and/or cats in any combination
thereof over the age of three months without a valid hobby breeder
permit or multiple animal permit.
B.
A household may have up to five dogs or cats or any combination thereof
provided that none are intact.
C.
No person or household shall permit or allow the breeding of a dog
or cat without a valid litter permit or hobby breeder permit.
The owner or custodial person shall be responsible for the care
and maintenance of an animal, including but not limited to domestic
animals, canine hybrids, cocks, guard dogs, potentially dangerous
animals, service animals and wild/exotic animals. An owner or custodian
of any animal shall have the following obligations in regard to the
care and maintenance of each animal:
A.
Owner or custodian of an animal shall provide the animal with:
(1)
Food. Animals shall be provided with uncontaminated, edible, nutritious
food, in adequate quantity to maintain the normal weight and condition
of a healthy animal. Additionally, the amount of food administered
must properly conform to the individual animal's age and condition.
All food containers shall be kept clean; and
(2)
Water. Animals shall be provided with constant access to a supply
of potable water in sufficient amount to maintain good health as required
by the species whether animals are outdoors or indoors, except as
directed by a veterinarian; and
(3)
Shelter and shade. Outside housing shall protect animals from weather
that may be detrimental to the health and comfort of the animal. Animals
that are not allowed free access to the household must be provided
with adequate shelter and shade. A shelter alone shall not constitute
adequate shade under this section, because a structure that provides
adequate shelter might not provide adequate shade: for example, a
dog house that protects the dog from wind and rain may be too hot
inside when exposed to direct sunlight during warmer months, so shade
must also be provided. Outside housing shall protect animals from
any extreme weather conditions that may be detrimental to the health
or comfort of the animals; and
(4)
Ventilation. Ventilation must be sufficient to provide for the health
and safety of the animal and prevent strong odors from forming; and
(5)
Veterinary medical care. Owner shall provide regular basic and emergency
medical care for all their animals. No person shall keep an animal
that is seriously sick or injured without providing proper veterinary
care to the animal. The Animal Control Officer may require a letter
of health evaluation from a veterinarian describing the condition
of the animal; and
(6)
Cleaning and grooming. Basic cleaning and grooming shall be provided
as necessary for the health and general welfare of the animal. Grooming
the coat on most animals is necessary to ensure the coat is not matted
to the point that it becomes so heavy as to cause skin irritation
or trap fecal matter. The animal shall not be so dirty as to provide
a home for parasites and insects, and no animal shall be allowed to
have a foreign object imbedded in its skin, fur or hair other than
a microchip for domestic animals; and
(7)
Shall not confine an animal in conditions likely to cause it to become
unmanageable and potentially dangerous.
B.
No person shall leave an animal in an enclosed vehicle or upon a
vehicle in conditions that could result in danger to or death of the
animal due to heat exposure. If an Animal Control Officer determines
that an animal in an enclosed vehicle is in immediate danger, the
Animal Control Officer may enter the vehicle to rescue the endangered
animal by any means necessary, without being liable to the owner of
the vehicle. The Animal Control Officer may take any animal rescued
in this manner into protective custody.
A.
Animals on owner's property. Any animal not deemed potentially
dangerous on its owner's property shall be:
(1)
Placed in a secure run with access to food, water, shelter, and shade;
or
(2)
Kept within a secure enclosure, as defined in this article, surrounding
the owner's premises or a portion thereof, or
(3)
Kept under the immediate physical control of a person capable of
restraining the animal; or
(4)
Confined through means of an electronic barrier collar system if
the animal is properly trained, and the electronic system is functioning
properly; or
(5)
Dogs not within a secure enclosure may be restrained by means of
a trolley system, only if the following conditions are met:
(a)
Only one dog may be tethered to each cable run; and
(b)
The device must be attached to a pulley on a cable run or trolley;
and
(c)
There must be a swivel on a T-stone end of the tether to minimize
tangling of the tether; and
(d)
The tether and cable run must be of adequate size and strength
to effectively restrain the dog. The size and weight of the tether
must not be excessive, as determined by the Animal Control Officer,
considering the age, size and health of the dog; and
(e)
The cable run must be at least 10 feet in length and mounted
either at ground level or at least four feet above ground level; and
(f)
The tether must be a minimum of 10 feet in length and not allow
the dog to move beyond the legal boundary of the property; and
(g)
The device must be affixed to a dog by use of a nonabrasive,
comfortably fitted collar or harness; and
(h)
The device must be fastened so that the dog can sit, walk, and
lie down comfortably, and must be unobstructed by objects that may
cause the device or dog to become entangled or strangled; and
(i)
The dog must have easy access to adequate shade, shelter, food,
and potable water; and
(j)
The area where the dog is confined must be kept free of garbage
and other debris that might endanger the dog's health or safety.
Feces shall be cleaned up regularly, but not less than once a week;
and
(k)
The area where the dog is confined must be kept free of insect
infestation, such as anthills, wasp nests, and flea, tick, and maggot
infestations.
B.
Animals off owner's property.
(1)
Any animal off of its owner's property shall be kept on a leash
at all times in compliance with this article, and under the immediate
physical control of a person capable of restraining the animal.
(2)
Animals are prohibited from being placed in the back of any motor
vehicle, truck bed or trailer unless such animal is confined and no
portion of the animal's head protrudes beyond the outer boundaries
of the motor vehicle, truck bed, or trailer.
(3)
Animals shall not be kept in or upon any vehicle without the ability
to seek shelter from direct rays of the sun when temperatures exceed
95° F., from wind, and from freezing precipitation.
C.
Confinement during estrus. While a female domestic animal is in estrus,
that animal shall be isolated and protected from interaction with
unsterilized male domestic animals of the same species unless breeding
is intended consistent with the requirements of this article, and
a litter permit or hobby breeder permit has been purchased as specified
in this article.
D.
Guard dog(s).
(1)
The premises where a guard dog is housed or is on-duty shall be enclosed
and secured to prevent escape of the guard dog and injury to the public.
(2)
All premises in which a trained guard dog is kept must display a
sign or notice (12 inches by 12 inches minimum) that must be conspicuously
displayed, warning the public of the presence of the trained guard
dog. The sign shall state "Guard Dog" or "Guardia" and show a picture
of an aggressive dog. The warning signs shall not be posted more than
200 feet apart on the exterior walls or fences surrounding the premises,
and shall be posted at all exterior corners and at all entrances.
The premises shall be enclosed and secure to prevent escape of the
guard dog and injury to the public.
(3)
Vehicles used to transport any guard dog, and vehicles protected
by any guard dog shall be secured to prevent escape of the animal
and injury to the public. Any such vehicle shall be conspicuously
posted with warning signs.
E.
Wild/exotic animal(s). Any wild/exotic animal kept as part of an
animal exhibit shall be kept within a secure enclosure, or so restrained
by other means to prevent the animal from leaving the owner's
premises or presenting a danger to the general public.
F.
Owner's liability. Nothing in this section shall be construed
as allowing any animal to commit an act deemed unlawful in this article.
The owner shall be liable for any such acts by an animal, even if
it is under physical restraint.
Any owner of an animal determined to be potentially dangerous
shall be required to comply with the following registration and handling
requirements for the animal. The owner of the animal must also obtain
a potentially dangerous animal permit within 30 days of such determination
or the animal must be humanely destroyed. The potentially dangerous
animal permit will be valid for one year if the owner establishes
the following:
A.
The owner is able to keep the animal under control at all times;
and
B.
The animal has a current rabies vaccination; and
C.
The owner has a proper enclosure for the animal; and
D.
If the animal is a dog or cat, proof that the animal is sterilized;
and
E.
The animal does not attack any person or other domestic animal at
any time and without provocation; and
F.
If the animal is a dog, the owner has entered the dog in a socialization
and behavior program approved by the Animal Shelter and Adoption Center.
G.
Minimum enclosure for potentially dangerous animals. Minimum enclosure
for potentially dangerous animals means confinement indoors or secure
confinement in a locked pen, fenced yard or structure measuring at
least six feet in width, 12 feet in length, six feet in height, with
secure sides and capped if there is a possibility that the animal
can climb the fence. Proper protection from the elements for the animal
must be provided. The enclosure must be suitable to prevent the animal
from escaping the confined area and unauthorized persons from entering
the confined area.
H.
Exceptions for potentially dangerous animals. An animal shall not
be declared a potentially dangerous animal if:
(1)
The animal was used by a law enforcement official for legitimate
law enforcement purposes;
(2)
The threat, injury, or damage was sustained by a person or domestic
animal that was provoking, tormenting, abusing or assaulting the animal
or had repeatedly, in the past, provoked, tormented, abused or assaulted
the animal; or
(3)
The animal was responding to pain or injury, protecting itself or
its offspring, or protecting or defending a human being or domestic
animal from an imminent, unlawful attack or assault.
A.
Standards. Inspection standards for a conditional use permit required
for all persons who are operating a professional animal establishment
such as a boarding kennel, grooming parlor, doggie day-care, pet shop,
refuge, animal shelter, or animal rescue site shall include, but are
not limited to, the following:
(1)
Animal housing facilities shall be structurally sound and constructed
of nontoxic materials. Interior floors shall be smooth, easily cleanable,
and impervious to water. The premises shall be kept clean, sanitary
and in good repair in a manner which will protect animals from disease
and injury; and
(2)
Indoor and outdoor facilities must meet the definitions of secure
enclosure; and
(3)
Outdoor facilities must provide shade from the sun and shelter from
rain or snow. Adequate drainage must be provided; and
(4)
Animals maintained in pens, cages or runs for periods exceeding 24
hours shall be provided with adequate space to prevent overcrowding
and to maintain normal exercise according to species. Temporary enclosures
must be large enough for the animals to standup, lie down and stretch
out comfortably. Such cages holding cats must contain a litter box;
and
(5)
Adequate weatherproof housing shall be provided with proper ventilation
and temperature, and sufficient lighting and shade. Ventilation must
be such that there are no strong odors; and
(6)
Provisions shall be made for the timely removal and proper disposal
of animal and food waste, soiled bedding, dead animals and debris.
Feces and urine shall be removed as necessary to prevent the animals
from becoming soiled and to prevent odors but under no circumstances
less than two times each day. Animals shall be removed from cages
and protected from water and cleaning agents during cleaning. Adequate
drainage shall be maintained. Disposal facilities shall be operated
in a manner which will minimize vermin infestation, odors, and disease;
and
(7)
Excessive and nighttime noise shall be eliminated; and
(8)
Unsterilized adult animals shall be segregated by sex, except where
otherwise indicated for health, welfare or breeding purposes. Animals
shall be housed in compatible groups; and
(9)
Vicious, diseased, injured, or potentially dangerous animals shall
be caged individually; and
(10)
Animals shall be provided with clean, fresh, sufficient and
wholesome food and water. Food and water containers shall be kept
clean; and
(11)
Sanitary, pest-free storage of food and bedding shall be provided;
and
(12)
Each animal shall be observed daily by the person in charge.
Programs for disease control and prevention shall be maintained and
sick, diseased, injured, lame, or blind animals shall be provided
with appropriate veterinary care.
No person shall keep or maintain a potentially dangerous animal, as defined in this article, unless all requirements for permits have been met as set forth in § 108-33.
No person shall keep or harbor a dangerous animal as defined
in this article.
A.
No person shall keep or harbor on any private or public property
within the municipal boundary of the City of Socorro any wild or exotic
animal of a species that in its natural life is dangerous or ferocious
or protected by state or federal law, unless the person holds a valid
City business license for an animal exhibit or a wild/exotic animal
permit, as defined in this article, or has a valid state or federal
permit for protected species.
B.
Any person who lawfully holds or keeps a wild/exotic animal as defined
by this article prior to the effective date of this ordinance may
maintain that individual animal until its death under the following
conditions:
(1)
Submission of an application for a wild/exotic animal permit within
60 days of the effective date of this article and payment of the annual
permit fee; and
(2)
Provision of adequate facilities to prevent the animal from escaping,
injuring the public, or creating a public nuisance; and
(3)
Compliance with all applicable requirements set forth in this article.
(4)
No additional Wild/Exotic Animals may be added to the premises by
acquisition or breeding as of the effective date of this article.
C.
This section shall not apply to municipal zoos and aquarium facilities,
veterinary facilities, or individuals holding a valid State of New
Mexico Wildlife Rehabilitation or Educational Use Permit.
A.
No person shall own, harbor, keep, sell, offer for sale, or freely
give any canine hybrid, as defined in this article, within the municipal
boundary of the City.
B.
Any person who lawfully holds or keeps a canine hybrid as defined
by this article prior to the effective date of this article may maintain
that individual animal until its death subject to appropriate confinement
requirements and under the following conditions:
(1)
Submission of an application for a wild/exotic animal permit within
60 days of the effective date of this article and payment of the annual
permit fee; and
(2)
Provision of adequate facilities to prevent the animal from escaping,
injuring the public, or creating a public nuisance; and
(3)
Compliance with all applicable requirements set forth in this article;
and
(4)
No additional wild/exotic animals may be added to the premises by
acquisition or breeding as of the effective date of this article;
and
(5)
The containment facility used for housing a canine hybrid shall be
open to annual inspection by an Animal Control Officer; and
In conformance with NMSA (1978) Section 30-18-1:
A.
It is unlawful for a person to recklessly, willfully, or maliciously
kill, maim, disfigure, or torture; beat with a stick, chain, club
or other object; mutilate, burn or scald with any substance; overwork,
torment, harass, poison or otherwise cruelly harm any animal, except
that reasonable force may be used to drive off vicious, dangerous,
or trespassing animals. When a law enforcement or Animal Control Officer
has probable cause to believe that an animal has been cruelly treated,
the officer may impound the animal for its protection pending appropriate
court proceedings.
B.
It is unlawful for a person to abandon, neglect, or fail to provide
necessary sustenance to any animal under that person's custody
or control, including nutritious food, potable water, and access to
adequate shade and shelter.
C.
It is unlawful for any person to tease, harass, annoy, disturb, molest,
threaten, or hit any animal that is on the property of its owner,
or under the control of its owner.
D.
It is unlawful for any person to entice, or lure any animal out of
an enclosure or off the property of its owner or caretaker or to seize
any animal while the animal is on the property of its owner or caretaker,
except a law enforcement officer or Animal Control Officer, in the
otherwise lawful performances of his/her duties.
E.
Notwithstanding the foregoing prohibition, it shall not be violation
of this article:
(1)
To use reasonable force to protect a person or animal from death
or injury due to an attack by another trespassing animal or vermin;
(2)
To eradicate or destroy vermin;
(3)
For the owner of an animal to have the animal humanely destroyed;
(4)
For a law enforcement officer or veterinarian to humanely destroy
an animal in an emergency situation when such destruction is reasonably
required to protect public health and safety, to relieve the suffering
of a mortally wounded or injured animal, and where destruction is
allowed by state law. There shall be no liability of the law enforcement
officer or the veterinarian for such acts;
(5)
To engage in legal hunting practices as allowed by state wildlife
authorities.
No person, other than a law enforcement or Animal Control Officer,
shall retain possession of any animal which is not his/her property
without the consent of the animal's owner, if there is evidence
of ownership, or retain possession of any animal for more than 24
hours without reporting the possession of such animal to an Animal
Control Officer. Such a person shall provide his name, address, and
telephone number if available, location of the animal, and a true
and complete statement of the circumstances under which the animal
came into his/her possession.
No person shall intentionally abandon any animal in a location
where any reasonable person would know the animal has little chance
of finding food, potable water, and shelter. No person shall dump
or release an animal anywhere in the City or leave an animal behind
when the person moves.
A.
Protective custody. Whenever the Animal Control Officer finds that
an animal is or will be without proper care because the owner is injured,
ill, incarcerated, or absent, the Animal Control Officer may seize
the animal using any legal means reasonably necessary under the circumstances
for the sole purpose of placing it in protective custody for a period
not to exceed 15 days. While the animal is in protective custody,
and upon the advice of a veterinarian, the Animal Shelter and Adoption
Center may take any action necessary and/or legal to prevent undue
pain and suffering to the animal, including the humane destruction
of the animal.
B.
Reclamation and disposition of unclaimed animals. Within the 15 day
period, the owner/custodian may petition the Animal Shelter and Adoption
Center to reclaim the animal by paying all related costs incurred
by the City and showing that the reason warranting protective custody
has been remedied. Animals not reclaimed by the owner at the expiration
of the period of protective custody shall be deemed to be the property
of the City following the mailing or other delivery of written notice
to the owner, and the Animal Shelter and Adoption Center may place
the animal for adoption or otherwise dispose of it in accordance with
the provisions of this article.
No person shall cause or permit any animal to run at large,
as defined in this article.
A.
Animal noise and odor. No owner or custodian of an animal shall allow the animal to persistently or continuously bark, howl or make noise common to its species to the extent that it causes a nuisance or otherwise unreasonably disturbs the peace and quiet of the inhabitants of the City, nor keep or maintain any animal in any manner so as to disturb the general peace and quiet, nor keep any animal in conditions so as to result in noxious or offensive odors or accumulations of feces, urine or other bodily wastes, nor otherwise endanger the general health, safety, or welfare of the inhabitants of the City. Private criminal complaints may be filed in the municipal court by any citizen affected by an animal disturbing the peace. Animal Control and law enforcement officers have authority to enforce this section and may issue a citation for violation of this section. If the violation of this section is witnessed by an officer, that officer shall become the complainant and the officer's name shall appear as a witness. Penalties for any violation of this section shall be established in Chapter 1, Article III, Penalties, of the Socorro City Code § 108-21, and the Schedule of Fees and Other Assignable Costs (Appendix A).
B.
Defecation/urination.
(1)
No owner of any animal shall allow a dog or cat to defecate upon
public property or upon any private property other than the property
of the animal's owner without thoroughly removing and disposing
of the feces.
(2)
No owner of an animal shall allow the feces or urine of the animal
to accumulate on his/her or another's property so as to become
a public nuisance and/or a danger to the animal or the public health,
safety, or welfare.
In conformance with NMSA (1978) Section 30-18-9:
A.
No person shall promote, stage, hold, manage, conduct, train for,
carry on, or attend any game, exhibition, contest or fight in which
any animal participates for the purpose of injuring, killing, maiming
or destroying itself or any other animal.
B.
No person shall own, possess, rear, breed, train, buy, sell, transport,
or advertise or otherwise offer to sell any fighting cock, fighting
dog, or other fighting animal.
C.
No person shall be present at any such fight without attempting to
contact police and an Animal Control Officer.
D.
It is unlawful to own, equip, or sponsor an animal for the purpose
of having it participate in animal fighting, including for purposes
of monetary gain or entertainment.
E.
No person shall provoke or entice an animal from the property of
its owner or keeper for the purpose of engaging the animal in an animal
fight.
F.
No person shall sell, receive, possess, transport, loan, or give
away any animal fighting paraphernalia.
A.
General. No person shall make accessible to any animal, with the
intent to cause harm or death, any substance which contains, has been
treated with, or has been prepared with a harmful poisonous substance.
Such poisoning shall constitute extreme cruelty to an animal as pursuant
to NMSA (1978) Section 30-18-1.E.
B.
Exception. This section does not apply to the placement of such substances
in order to control vermin, i.e., rats, mice, moles, gophers, which
are a threat to public health, nor does it apply to the use of substances
for the humane destruction of animals in accordance with the provisions
of this article.
A.
Domestic animals. An owner who intentionally or unintentionally breeds domestic animals and does not have a current hobby breeder's permit shall purchase a valid litter permit for each litter prior to the sale and display of animals. See § 108-29E of this article.
B.
Pet stores. Pet stores shall not sell commercially bred dogs and
cats. Nothing in this article shall prevent an outlet that does not
sell dogs or cats from providing temporary space and appropriate humane
and temporary care for dogs and cats legally possessed by a publicly
operated animal control facility or animal shelter or duly authorized
private humane, rescue, or similar organization for the sole purpose
of offering such dogs and cats for adoption by the public.
C.
Animal exhibits. No person shall operate, conduct, or maintain any
animal exhibit as defined in this article, permanent or temporary,
except in conformance with any and all governing state and federal
laws and regulations, and without first having obtained a valid City
business license.
D.
Turtles. No person shall display, sell, offer for sale, barter, auction,
give away, or otherwise dispose of any turtle except in conformance
with appropriate state and federal laws and regulations.
E.
Guard dogs for sale or rent. All business establishments used in
training, selling, or renting guard dogs must provide their patrons
notice advising their patrons and customers of all rules and regulations
that apply to the presence of the guard dogs.
A.
Public access. Notwithstanding any other provision of law, no qualified
service animal shall be denied admittance to any building, facility,
or accommodation open to the general public, including, but not limited
to, restaurants, hotels, motels, hospitals, clinics, swimming pools,
stores, common carriers, and theaters provided that the qualified
service animal is under the immediate control of a person who needs
the animal.
B.
Interference.
(1)
No person shall intentionally or negligently interfere with the use
of a qualified service animal by means of harassment or obstruction.
(2)
No person shall intentionally or negligently allow an animal owned
or controlled by him/her to interfere with the use of a qualified
service animal by means of harassment or obstruction.
C.
Private property. The provisions of this section shall not apply
to animals on private property and which is not open to the general
public.
A.
Tampering with traps and equipment. No person shall remove, alter,
damage or otherwise tamper with a trap or equipment belonging to or
set out by the Animal Control Officer or Animal Shelter and Adoption
Center.
B.
Interference with Animal Control Officer. No person shall threaten,
hinder, or interfere in any manner with the Animal Control Officer
in the performance of any duties prescribed by this article.
No person shall allow an unrestrained animal access to any unenclosed
premises so that the animal is physically able to leave the owner's
property.
No person shall transfer any rabies tag or license from one
animal to another, or possess, manufacture, or use any stolen, counterfeit,
or forged license, certificate, or tag.
Direct point chaining, or tethering of dogs to a stationary
object, is prohibited.
