[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:
ANIMAL
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.
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.
ABANDON
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.
ADEQUATE DRAINAGE
Drainage sufficient to prevent the unintentional standing
or pooling of water.
ADOPTION
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.
ANIMAL
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.
ANIMAL CONTROL OFFICER
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.
ANIMAL EXHIBIT
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.
ANIMAL FIGHTING
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.
ANIMAL FIGHTING PARAPHERNALIA
Equipment that any reasonable person would ascertain is used
for animal fighting purposes, which includes, but is not limited to:
A.
Instruments designed to be attached to the leg of a bird such
as boxing gloves, knives, gaffs, or other sharp instruments;
B.
Performance-enhancing drugs or substances, and veterinary equipment
such as suture equipment and bags of saline solution;
C.
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;
D.
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
E.
Information about training or managing fighting animals such
as documents and videotapes.
ANIMAL OWNER
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.
ANIMAL RESCUE SITE
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.
ANIMAL SHELTER
Any establishment:
A.
That is operated by a municipality, county, or other state-recognized
animal humane organization for the care and control of animals; and
B.
In which animals are not allowed to breed.
ANIMAL SHELTER AND ADOPTION CENTER
All staff, premises, facilities, and programs provided by,
or contracted-out by the City of Socorro to implement and/or enforce
this article.
ATTACK
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.
BITE
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.
BOARDING KENNEL
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.
CANINE HYBRID
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.
CITY
The City of Socorro, a municipal corporation incorporated
under the laws of the State of New Mexico.
CONFINEMENT
Secure containment of an animal within a building or enclosure
and away from other animals and the public.
CONTROLLED BREEDING
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.
COUNCIL
The governing body of the City of Socorro.
CUSTODIAN/CUSTODIAL PERSON
A person other than the owner, who has temporary or long-term
responsibility for or possession of an animal.
CUSTODY
The possession of, control of, and responsibility for an
animal by a person who may or may not be the owner.
DANGEROUS ANIMAL
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.
DOGGIE DAY-CARE
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.
ENCLOSURE
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.
EUTHANASIA
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.
FIGHTING COCK
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.
FIGHTING DOG
A dog that is trained for use in, or that is actually used
in, a fight with other dogs or any other animal.
FOSTER CARE PROVIDER
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.
GROOMING PARLOR
An establishment that provides animal grooming services for
domestic animals.
GUARD DOG
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.
GUARD DOG SITE
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.
HOBBY BREEDER
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.
HOBBY BREEDER SITE
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.
HOUSEHOLD
A human social or family unit composed of persons living,
residing and domiciled in the same residence, whether related or not.
MULTIPLE ANIMAL PERMIT
A permit issued by the Animal Shelter and Adoption Center
that is required to operate a multiple animal site.
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.
NEGLECT
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.
OWNER SURRENDER
The relinquishment of ownership of an animal to the Animal
Shelter and Adoption Center by the owner of the animal.
PERSON
An individual, household, firm, partnership, corporation,
company, society, association, or legal entity, and any officer, agent,
or employee thereof.
PET STORE
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.
POISONING
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.
POTENTIALLY DANGEROUS ANIMAL
Any animal that may reasonably be assumed to pose a threat
to public safety as demonstrated by the following behaviors:
A.
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
B.
Chasing or menacing a person or other domestic animal in an
aggressive manner and without provocation; or
C.
Acting in a highly aggressive manner within a fenced yard or
enclosure and appearing able to jump out of the yard or enclosure;
or
D.
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.
PREMISES
A parcel of land and the structures thereon.
PROBABLE CAUSE
Sufficient reason, based upon known facts, to believe a crime
has been committed or that certain property is connected with a crime.
PROFESSIONAL ANIMAL ESTABLISHMENT
Including, but not limited to, a boarding kennel, grooming
parlor, doggie day-care, pet store, sanctuary, animal rescue site,
or animal shelter.
PROTECTIVE CUSTODY
Animal that is taken into custody by the Animal Control Officer
while the owner is unable to care for the animal.
QUARANTINE
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.
RECLAIM
The retrieval of an animal from the Animal Shelter and Adoption
Center by its owner or custodial person.
RUNNING AT LARGE
A.
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.
B.
Being stray, or running at large shall not include:
(1)
A dog that is working at a specific job for which it has been
trained; or
(2)
A dog performing in the capacities of hunting, tracking, obedience,
agility, showing or field trials.
SECURE ENCLOSURE
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.
SERIOUS INJURY
Any physical injury to a person or animal that results in
broken bones, multiple bites, or disfiguring lacerations requiring
sutures, corrective, or reconstructive surgery.
SERVICE ANIMAL
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.
STATE
The State of New Mexico, United States of America.
STRAY
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.
UNENCLOSED PREMISES
Property that allows an animal to come and go at will and
without restraint to keep it on its owner's property.
VACCINATION
Inoculation with an anti-rabies vaccine recognized and approved
by the State of New Mexico and given in accordance with state law.
VERMIN
Wild rodents and various insects including flies, mosquitoes,
ants and wasps.
VERTEBRATE PEST
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.
VETERINARIAN
A doctor of veterinary medicine licensed to practice in the
State of New Mexico.
WILD/EXOTIC ANIMAL
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:
A.
Wolves, foxes, coyotes, dingoes, and other members of the nondomestic
canine families;
B.
Lions, pumas, panthers, mountain lions, wildcats, and other
members of the non-domestic feline families;
C.
All bears, including grizzly bears, black bears, brown bears,
etc.;
D.
Raccoons, including eastern raccoon, desert raccoon, ring-tailed
cat, etc.;
E.
Primates, including all non-human great apes other than qualified
service animals;
H.
Indigenous and non-indigenous poisonous snakes;
I.
Alligators, crocodiles, caimans, or poisonous lizards;
J.
Venomous fish and piranha; and
K.
Federally protected birds.
ZOO
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 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.
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:
(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.
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.
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.
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.
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.
No person shall cause or permit any animal to run at large,
as defined in this article.
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.
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.