(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.
(Ordinance 1991-06 adopted 3/12/91)
(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)