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)