This chapter shall be known and may generally be cited as the
“County Animal Control Chapter” or as “this chapter”
herein. The short title to this chapter shall be “Animal Control
Chapter.”
(Ordinance 1991-06 adopted 3/12/91)
It is the intent of the board of county commissioners that enactment
of this chapter will protect animals from neglect and abuse, protect
residents from annoyance and injury, to promote the health, safety
and welfare of the residents and animals, assist in providing control
of animals and finance the functions of licensing and recovery of
animals.
(Ordinance 1991-06 adopted 3/12/91)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
To desert deliberately and/or to relinquish the supervision
or care of an animal.
To render an animal permanently sterile and incapable of
reproduction.
Any dog, cat or any vertebrate, excluding humans.
The division of the county or the county’s designated
contract agent, or both, which is specifically charged with regulating
and enforcing laws dealing with animal control within its jurisdiction.
The person duly appointed to the position by the county manager
or the sheriff of the county.
Any pound, lot, premises, kennel or building maintained or
utilized by the county for the care and custody of animals.
A puncture or tear of the skin inflicted by the teeth of
any animal.
Any of the large or small livestock, including, but not limited
to horses, cattle, mules, donkeys, burros, swine, goats, sheep and
fowl, including, but not limited to chickens, guinea hens, ducks,
turkeys, geese, quail or pigeons.
Any parcel of land or portion thereof in private ownership,
around the perimeter of which a wall or fence has been erected of
such a height and surety so as to retain the species of animal within
the bounds for which the fence was erected.
Any animal which is off and away from its home unattended
and running at large within the county.
Rare or different from ordinary domestic animals and not
indigenous to the state, including skunks, llamas, birds of prey,
wolf hybrids and the offspring of wild animals crossbred with domestic
dogs and cats, but not including parrots, toucans or other tame and
domesticated birds.
The act, by an ACO or sheriff’s deputy, of taking up
and confining an animal within a shelter or other facility used by
the county for the confinement of the animal.
Any establishment or premises where dogs, cats or other animals
are boarded, bred, kept, bought, sold, traded, let for hire, groomed
or trained for a fee.
Any chain, leather strap or cord sufficient to hold under
control the animal attached thereto and shall be no longer than eight
(8) feet or twelve (12) feet for training purposes.
To render a male animal permanently sterile and incapable
of reproduction.
A person who owns, has, keeps, harbors or knowingly permits
an animal to remain in, on or about his or her premises.
A parcel of land owned, leased, rented or controlled by any
person, legal or natural. The parcel of land may include a structure
and include such items as kennels, houses, mobile homes, apartments,
condominiums and townhouses which are located on a parcel of land.
To be free of control beyond an enclosed lot or the premises
or vehicle of the owner.
To render a female animal permanently sterile and incapable
of reproduction.
The protection provided against rabies by inoculation with
anti-rabies vaccine recognized and approved by the U.S. Department
of Agriculture, Bureau of Animal Industry, and the State of New Mexico
Department of Health pursuant to NMSA 1978, § 77-1-3 as amended.
The protection provided against rabies by inoculation with
anti-rabies vaccine recognized and approved by the U.S. Department
of Agriculture, Bureau of Animal Industry, and/or required by state
law, including NMSA, section 77-1-1 et seq., given in amounts sufficient
for one year of immunization.
Any animal which bites, has bitten or in any manner attacks
or attempts to attack any person within the county, except that any
animal that bites, attacks or attempts to attack or bite when provoked
by any person trespassing upon the owner’s premises shall not
be deemed a vicious animal. Vicious animal also means any animal which,
unprovoked, kills or maims any animal owned by a person.
Any animal or species that, in its natural life, is wild, dangerous
or ferocious and though it may be trained and domesticated, is yet
considered by this chapter to be dangerous to others and has the potential
to injure or kill a person or other animals.
Those animals, however domesticated, shall include, but are
not limited to:
Dog family (Canidae), all except domestic dogs, including wolves,
foxes and coyotes;
Cat family (Felidae), all except any commonly accepted domesticated
cats, including lions, pumas, panthers, mountain lions, bobcats and
ocelots;
Bears (Ursidae), including grizzly bears and brown bears;
Weasels (Mustelidae), all except the commonly accepted domesticated
ferrets, including the weasel, marten, mink, wolverine, badger, otter,
ermine and mongoose;
Raccoon (Procynnidae), including Eastern Raccoon, Desert Raccoon
and Ring-tailed Raccoon;
Primates (Homidae);
Porcupines (Erthizontidae);
Venomous snakes;
Venomous lizards, alligators and crocodiles; and/or
Venomous fish and piranha.
(Ordinance 1991-06 adopted 3/12/91; Ordinance 2017-1, sec. 1, adopted 1/31/17)
(A)
Animal
control officers.
(1)
The
sheriff of the county is responsible for the administration of the
provisions of this chapter.
(2)
Powers
delegated to the sheriff may be delegated by the sheriff to the duty
appointed animal control officers as he or she may deem expedient.
(3)
The
sheriff of the county shall appoint animal control officers.
(4)
The
animal control officers shall be concerned primarily with the health
and safety of the citizens of the county as affected by animals and
with the health and safety of animal within the county limits.
(B)
Authority
of animal control officer; issuance of citations.
(1)
County
sheriffs deputies and animal control officers shall have the authority
to issue citations for violations hereof and state statutes regarding
the care and control of animals, whenever there is probable cause
to believe there exists violation of this chapter and/or animal care
and control statutes and to perform other duties as prescribed by
the sheriff of the county.
(2)
Animal
control officers shall have the authority to investigate, upon probable
cause, any alleged violation of this chapter or any law of the state
which relates to the care, treatment and control of animals and to
the prevention of cruelty to animals.
(3)
Animal
control officers are authorized to enter onto and inspect premises
and animals thereon within the county as necessary to perform their
duties. If the owner or occupant of the premises objects to inspection,
a warrant shall be obtained from a court of competent jurisdiction
prior to inspection unless there appears to the ACO that probable
cause exists of an emergency requiring inspection. An ACO shall not
enter onto the premises of the known owner for the sole purpose of
taking up an animal which has been alleged to be running at large
by a person who is not an ACO or sheriff’s deputy.
(Ordinance 1991-06 adopted 3/12/91)
(A)
It shall
be unlawful to keep, maintain, harbor or possess upon the premises
of any one household or upon the premises of any one business property
more than ten dogs of licensing age or ten cats unless the owner or
person in charge thereof has obtained a permit to operate a kennel
from the animal control division.
(C)
No kennel
permit shall be issued until an inspection of the kennel by an ACO
finds compliance with this chapter has been completed.
(D)
The
ACO is authorized to inspect, at any reasonable hour, any kennel holding
a permit to operate. By accepting a kennel permit, the permittee is
agreeing to surrender the kennel for inspection at a reasonable time
upon the request of an ACO.
(E)
(1)
All
kennels, as defined herein, shall, in addition to the other provisions
of this chapter, comply with the minimum standards of this section.
Failure to meet these standards shall be grounds for denial of a permit
or revocation of a permit.
(2)
The
following standard must be met.
(a)
Animal enclosures must be provided which allow adequate protection
against all weather extremes, floors of buildings, runs and walks
must be constructed with an impervious material to permit proper cleaning
and disinfecting.
(b)
Building temperatures shall be maintained at a comfortable level.
Adequate ventilation and adequate lighting shall be maintained at
all times.
(c)
Each animal shall have sufficient space to stand up, to lie down
and turn around without touching the sides or tops of cages.
(d)
Cages are to be of material and construction that permit adequate
cleaning and sanitizing.
(e)
Cages are to be of an impervious, washable material, radiantly heated,
and shall have a resting board or some kind of bedding.
(f)
Rooms shall provide an adequate exercise area and protection from
the weather. Runs shall have an impervious surface.
(g)
All animal quarters and rooms are to be kept clean, dry and in a
sanitary condition.
(h)
Animal food shall be free from contamination, shall be wholesome,
palatable and of sufficient quantity and nutritive value to meet the
normal daily requirement for the condition, age and size of the animal.
(i)
All animals shall have fresh, potable water available at all times.
Water vessels shall be mounted or secured in a manner that prevent
tipping and be of a removable type.
(F)
Any
permit issued pursuant to this section may be revoked by an ACO [that]
has reasonable cause to believe that the standards set forth in this
section are not being met, or if the permittee or person caring for
or having control of the kenneled animals has violated any section
hereof or is in violation of any zoning, health and safety or building
ordinance relating to the keeping, care of or use of any animal.
(G)
All
revocations of permits issued pursuant to this section shall follow
the procedures set forth below:
(1)
Notice
of proposed revocation shall precede any permanent revocation of a
permit issued under this section.
(2)
The
notice of proposed revocation shall specify the following:
(a)
The specific violation or violations alleged, including dates and
times of the alleged violation or violations, and any specific section
or subsection of this Ordinance or state law that is alleged to have
been violated;
(b)
A specific date by which the alleged violations shall be corrected
to avoid further revocation proceedings, if the violation is of a
nature that may be corrected;
(c)
A warning that failure to correct the violation or request a hearing
shall result in revocation of the permit; and
(d)
Procedures for requesting a hearing regarding the alleged violation
and proposed revocation of the permit.
(3)
If
the period of time during which the permit holder was allowed to correct
the violation passes without correction of the violation, and the
permit holder has not requested a hearing as described in this section,
the animal control division shall issue a notice of revocation. The
revocation shall be effective thirty (30) days from service of the
original notice of proposed revocation.
(4)
A
permit holder may appeal the proposed revocation by requesting a hearing.
The request for hearing shall be made within five (5) days of service
of the notice of proposed revocation. The request for hearing shall
be in writing, sent by certified mail, return receipt requested. The
request for hearing shall briefly state the reasons why the permit
holder believes the revocation is not justified under the circumstances.
(5)
The
animal control division shall give written notice of the date, time,
and place of the hearing to the permit holder. The date of the hearing
shall be not less than ten (10) days or more than thirty (30) days
from the date of service of the notice of the hearing. The animal
control division may designate a county employee other than one employed
in the sheriff’s department or any other suitable individual
to be the hearing officer.
(6)
The
hearing officer may uphold, modify, or reverse the permit revocation.
In conducting the hearing, the hearing officer shall not be limited
by formal rules of evidence; evidence may be considered which is of
a type upon which responsible people are accustomed to rely in the
conduct of serious affairs. Within fifteen (15) business days of the
hearing, the hearing officer shall send written findings and conclusions
to the permit holder, by certified mail, return receipt requested.
Permit holders may be represented by counsel at the hearing.
(7)
A
person aggrieved by the hearing officer’s decision may appeal
the decision as by filing a petition for writ of certiorari pursuant
to Rule 1-075 NMRA.
(8)
Notices
provided for under this subsection shall be deemed served when the
notice is delivered personally or mailed by registered or certified
mail, return receipt requested, to the address on record for the permit
holder.
(9)
During
the pendency of the appeal, the animal control division may take such
action as is deemed appropriate for the health and safety of the animals
and the general public, including temporarily suspending the permit
and prohibiting the permit holder from operating under the permit
pending resolution of the revocation proceeding.
(10)
A permit holder whose permit has been revoked shall not be eligible
to apply for another permit for a period of one year after the revocation
of the permit.
(11)
Upon revocation of a permit, the permit holder shall cease operating
under the permit within five (5) days of the effective date of revocation.
If necessary, the permit holder shall give away, sell, or surrender
all animals previously covered by the permit in compliance with relevant
laws, regulations, and in a manner satisfactory to the animal control
division.
(Ordinance 1991-06 adopted 3/12/91 Penalty, see section 95.999; Ordinance 2017-1, sec. 7, adopted 1/31/17)
