It is unlawful for any owner to allow or permit any dog to run at large. Any dog permitted to run at large in violation of this section is declared to be a nuisance, menace to the public health and safety and may be taken up and impounded as provided in section 95.20 et seq.
(Ordinance 1991-06 adopted 3/12/91 Penalty, see section 95.999)
(A)
It shall
be unlawful to tether an unattended dog as a form of confinement on
private property. “Unattended” for purposes of this section
means the owner or other person having charge, custody, care, or control
over the dog is not immediately present.
(B)
Where an owner maintains an invisible fence, i.e. an electrical device designed to contain animals wearing an appropriate collar within a confined area, which is in operation at all times that a dog is outdoors on the owner’s premises and within the invisible fencing and where each owner’s dog on the premises wears the applicable collar, then the provisions of subsection (A) above shall not apply, provided that the invisible fence does, in fact, retain the dog on the owner’s premises.
(Ordinance 1991-06 adopted 3/12/91 Penalty, see section 95.999; Ordinance 2017-1, sec. 3, adopted 1/31/17)
(A)
It is
unlawful for any person to carry any animal in or upon any vehicle
in a cruel, inhumane or unsafe manner.
(B)
(1)
No
person shall keep or transport an animal in the bed of a pick-up truck
unless the animal is properly restrained in a humane and safe manner
to prevent the animal from leaving the confines of the bed of the
truck.
(2)
No
person shall leave an animal in a closed vehicle for any length of
time reasonably concluded to be dangerous to the health or safety
of the animal.
(C)
During
hot weather conditions, an ACO or sheriff’s deputy may immediately
remove an animal from a vehicle and take it into protective custody
at the cost assessed to the owner.
(Ordinance 1991-06 adopted 3/12/91)
(A)
It is unlawful for any person to keep or harbor a known vicious animal in the county. Any attack by a vicious animal or any animal displaying traits of a vicious animal may be repelled by the use of reasonable force. After a judicial determination that an animal is vicious, the court having jurisdiction over the enforcement of this subchapter, upon hearing of such complaint, may, in addition to any fine or imprisonment which may be imposed for violation hereof, order the animal control officer to have such animal destroyed as set forth in section 95.23 of this chapter.
(B)
When
an animal control officer has probable cause to believe that a dog
is dangerous or potentially dangerous and poses an imminent threat
to public safety, the animal control officer may apply for a warrant
to seize the dog and petition the court for a declaration that the
dog is dangerous or potentially dangerous pursuant to NMSA 1978, §
77-1A-4.
(C)
Any owner of a dog declared by a court of competent jurisdiction to be a dangerous or potentially dangerous dog or is deemed dangerous or potentially dangerous by admission of the owner pursuant to the Dangerous Dog Act, NMSA 1978, §§ 77-1A-1 to 6, shall comply with all the registration and handling requirements as set forth in NMSA 1978, §77-1A-5 and pay the registration fee set forth in appendix A. [1]
[1]
Editor’s note–Said appendix is included as an
attachment to this chapter.
(Ordinance 2017-1, sec. 4, adopted 1/31/17 Penalty, see section 95.999)
(A)
It is
unlawful for any owner to allow any of his or her animals to persistently
or continuously bark, howl or make noise common to their species or
otherwise disturb the peace and quiet of the inhabitants of the county,
or to keep or maintain, on his or her premises, any animal in a manner
as to disturb others by noxious or offensive odors or otherwise endanger
the health, safety and welfare of the inhabitants of the county.
(B)
Violations
of this section shall constitute a nuisance and shall subject the
owner to the penalties.
(Ordinance 1991-06 adopted 3/12/91 Penalty, see section 95.999)
(A)
(1)
It
is unlawful for the owner of any animal to permit, either willfully
or through failure to exercise due care or control, any animal to
commit any nuisance upon a sidewalk, in a public park or upon the
floor or wall or any common wall or any common hall in any multiple
dwelling, entryway, stairway or wall immediately abutting on a public
sidewalk; or upon a floor or wall of any theater, shop, store, office
building or other building used in common by the public; or upon any
private property other than that of the animal owner.
(2)
(a)
When an animal defecates in a public place, the owner must remove
the feces and dispose of it in a sanitary manner.
(b)
Nuisance.
For the purpose of this section, the following definition shall apply
unless the context clearly indicates or requires a different meaning.
Includes any defecation or urination, destruction of property
or disturbing the property of another, including the rubbish or trash
of a resident of the county.
(B)
Violations
of this section shall constitute a nuisance and shall subject the
owner to penalties.
(Ordinance 1991-06 adopted 3/12/91 Penalty, see section 95.999)
It is unlawful for any person to remove any license tag from
an animal and attach it to another animal. It shall be unlawful for
any person to manufacture or cause to be manufactured or to have in
his or her possession or under his or her control stolen, counterfeit
or forged animal license tags, rabies vaccination certificate or other
form of licensing as required under this chapter.
(Ordinance 1991-06 adopted 3/12/91 Penalty, see section 95.999)
Animals trained to assist the handicapped, including blind or
deaf persons, shall be allowed in public places and it shall be unlawful
for any person who owns, operates or maintains any public place of
business or conveyance in which the general public is invited to debar
or exclude therefrom any animal which has been trained to assist the
handicapped, provided the animal accompanies the handicapped person
it was trained to assist.
(Ordinance 1991-06 adopted 3/12/91 Penalty, see section 95.999)
For any alleged violations of this subchapter, an ACO may, before
further action or investigation, require a complainant to submit,
on a form provided by the ACO, a written complaint of the alleged
chapter violation, giving the name and address of the complainant
and, if available, of the owner who is in violation.
(Ordinance 1991-06 adopted 3/12/91)
(A)
Within
24 hours of death of an animal, the owner shall dispose of its carcass
by burial at least three feet underground in a suitable location or
by other means approved by an ACO.
(B)
At his
or her discretion, the ACO is authorized to pick up and dispose of
all dead animals immediately upon discovery or notification.
(C)
The
ACO is not responsible for pick up or disposal of domestic livestock
or wild animals or animals killed on interstate highways or state
or county roads.
(D)
At the request of the owner, an ACO may, at his or her own discretion, given the constraints of the county’s resources, pick up the carcass of dogs and cats weighing less than 20 pounds from the homes of the owners who are residents of the county. The fee for the service is as set forth in appendix A to this chapter.[1]
[1]
Editor’s note–Said appendix is included as an
attachment to this chapter.
(E)
An animal
carcass picked up under this section shall be disposed of by the county
in whatever way is determined to be the most feasible to protect the
health, safety and welfare of the residents of the county and in a
manner as to minimize expense to the animal control division and the
county.
(Ordinance 1991-06 adopted 3/12/91 Penalty, see section 95.999)
(A)
Breaking
into enclosure.
Any person who shall, in any manner,
break into or aid, directly or indirectly, in breaking into the enclosure
in which any animal is impounded or kept under authority of an ACO
or sheriffs deputy shall be guilty of a petty misdemeanor.
(B)
Hindering
an ACO.
Any person who shall willfully or intentionally
hinder or obstruct any ACO in the discharge of his or her official
duty under the provisions of this chapter shall be guilty of a petty
misdemeanor.
(Ordinance 1991-06 adopted 3/12/91 Penalty, see section 95.999)
