(A) 
The ACO or sheriffs deputy may take up and impound or cause to be impounded any estray animal found in the county and any other animal found in violation of this chapter or state statute.
(B) 
As soon as practicable after the date of impoundment, the ACO shall attempt to notify the owner of the impoundment, if the owner of the animal is not already so informed. If the owner is not known or if his or her address cannot be reasonably determined, the ACO has no duty to give notice to the owner.
(C) 
All violations and fines shall be reported to the shelter custodian upon the animal’s impoundment.
(D) 
No animal that has been impounded may be adopted out for purposes of breeding or sale.
(Ordinance 1991-06 adopted 3/12/91 Penalty, see section 95.999)
(A) 
(1) 
No person shall, without knowledge or consent of the owner, hold or retain possession of any animal, of which he or she is not the owner, for more than 24 hours, excluding Saturdays, Sundays and holidays, when the person has knowledge or could reasonably discover the owner of the animal, without first reporting the possession of the animal to the owner or, if this cannot be done, to an ACO.
(2) 
This provision shall not preempt NMSA, section 77-14-1 et seq.
(3) 
Any person taking up an animal shall give notice of the animal retention to the owner if his or her identity can be reasonably determined and shall not refuse to immediately surrender the animal to the owner or to an ACO upon demand thereof.
(B) 
(1) 
If an impounded estray is wearing a license or bears other identification tags, the animal shall be confined at an appropriate animal shelter pending notification of the owner or authorized agent, for a period of five working days.
(2) 
The day the estray animal is impounded constitutes day one.
(C) 
Upon notification, an owner or his or her notarized agent, must redeem his or her animal within 24 hours. Any animal not claimed by an owner within 24 hours following notification shall become the property of the county and may be destroyed, impounded or adopted out at the discretion of the animal control division.
(D) 
(1) 
Any owner who claims an unlicensed animal from the appropriate animal control center must show proof of rabies shots and proof of neutering, when applicable, upon claiming the animal.
(2) 
The owner may be cited by the ACO and will be required to buy a license from the county before the impounded animal shall be released.
(3) 
If proof of current rabies vaccination cannot be produced, the owner of the impounded animal must purchase a license from the county, must vaccinate the animal within three working days and furnish proof of vaccination to the ACO.
(E) 
It shall be the responsibility of an owner to reimburse the county for animal boarding, vaccination, emergency veterinary costs or other expenses incurred by the county or a shelter for any animal legally impounded under the provisions of this chapter, whether or not the animal is redeemed.
(F) 
The owner of an impounded animal may claim his or her animal by paying the scheduled fines and impounding fees to the custodian of the shelter, to an ACO or sheriffs deputy. An owner may elect to pay the fine under protest, request a hearing on the matter by accepting a citation from an ACO, appear at an arraignment at magistrate court and participate in a trial on the matter.
(G) 
(1) 
If an owner is not wearing a license and bears no other identification tag [sic], the animal shall be impounded at an appropriate animal control shelter for four working days.
(2) 
Any animal not claimed or adopted out within four working days, commencing from the first day of impoundment, shall become the property of the county and may be destroyed, impounded for an additional period or adopted out at the discretion of the animal control division.
(H) 
If an impounded animal is certified by a licensed veterinarian as suffering because of sickness, injury or age, then it may be destroyed, pursuant to section 95.23, after the ACO gives notice or attempts to give notice to the owner.
(Ordinance 1991-06 adopted 3/12/91)
Impoundment fees, fees required for adoption of an impounded animal, boarding costs and additional costs for redemption of impounded animals are described in appendix A to this chapter.[1]
(Ordinance 1991-06 adopted 3/12/91)
[1]
Editor’s note–Said appendix is included as an attachment to this chapter.
(A) 
If an animal which is impounded under this subchapter is not redeemed within the specified time periods, adopted out or if it is suffering because of sickness, injury or age, as certified by a licensed veterinarian, then it shall be painlessly destroyed under the supervision of a licensed veterinarian by an intravenous or intercardial injection of a dose of barbiturates (sodium pentobarytol), or any other method deemed humane and painless by the animal control division.
(B) 
Any animal which cannot be brought to an animal shelter because of the inability of an ACO to extricate or capture an animal which is, in the opinion of the ACO, vicious or infected with any dangerous or incurable disease or any painfully crippled condition, shall be destroyed by shooting by a public safety officer at the direction of the ACO.
(Ordinance 1991-06 adopted 3/12/91)
(A) 
If an ACO finds that a horse has been abused by being untreated for serious medical or health problems or by being seriously underfed to an extent that its backbone shows through its skin, then an ACO shall cite the owner under a provision(s) from sections 95.75 through 95.86 herein and may, in his or her discretion, allow a responsible person who is knowledgeable in horse care and able to provide suitable food, water and veterinary care (hereinafter, “caretaker”), while in the presence of the ACO, to temporarily take custody of the horse, in order to provide care and maintenance for the horse, provided:
(1) 
The caretaker shall provide transportation for the horse from the site where the horse is found to the caretaker’s premises;
(2) 
The caretaker shall provide adequate food, shelter and veterinary care for the horse; and
(3) 
The caretaker agrees to abide by any court order regarding the custody and ownership of the horse.
(B) 
The owner of an abused horse who has been temporarily deprived of the custody of his or her horse may, at the hearing on the issue of his or her citation for abuse, petition the court for the return of his or her horse. Until a judicial determination, the horse shall remain in the custody of the caretaker and the owner shall be assessed a reasonable fee for the transportation of the horse to the caretaker’s premises, plus $10.00 per day boarding charge for each day or part thereof that the horse remains on the caretaker’s premises. The amount can be awarded by a court to the caretaker.
(C) 
If the owner does not pay all fines and charges, including those imposed by a court under this section within five days of imposition, then the horse shall be deemed forfeited by the owner and the title and ownership shall vest in the caretaker.
(Ordinance 1991-06 adopted 3/12/91)