Unless a contrary intention clearly appears, words used in the
present tense include the future tense, and words used in the future
tense include the present tense; the singular includes the plural,
and the plural includes the singular; the word “may” is
permissive, and the words “shall”, “will”,
and “must” are mandatory, subject to specific exceptions
allowed by this title.
(Ordinance 11-19 adopted 2011)
The intentional act of leaving an animal for more than twenty-four
(24) hours without making effective provisions for its proper feeding
and care.
Drainage sufficient to prevent the unintentional standing
or pooling of water.
Any living nonhuman mammal, bird, reptile, or amphibian including,
but not limited to, bats, companion animals, domestic animals, livestock,
pigeons, porcupines, poultry, prairie dogs, rabbits and skunks. For
the purpose of this title, insects and arachnids are not included
in the definition of animals.
Any person designated as responsible and having authority
within the town to implement and enforce this title in conformance
with the provisions established herein.
Any traveling animal show, animal refuge, zoo, petting zoo,
circus, animal ride, animal act, or any premises or activity operated
for the purpose of showing any animal or providing entertainment through
animal performances.
An organized event involving one or more animals and that
has the purpose or probable result of one animal inflicting injury
on or killing another animal.
Equipment that any reasonable person would ascertain is used
for animal fighting purposes which includes, but is not limited to:
a) instruments designed to be attached to the leg of a bird such as
boxing gloves, knives, gaffs, or other sharp instruments; b) performance
enhancing drugs or substances, and veterinary equipment such as suture
equipment and bags of saline; c) items to train and condition dogs
to fight including, but not limited to, hides or other material used
as hanging devices to strengthen and/or condition dogs, wooden sticks
or handles used to pry open jaws, food or water additives, treadmills,
and jenny mills; d) the presence of any animal that appears to be
a fighting animal alone or together with animals suspected of being
used as bait animals including, but not limited to, rabbits, cats,
and other dogs; and e) information about training or managing fighting
animals such as documents and videotapes.
An establishment operating for intended profit where dogs
or cats are boarded, kept, or maintained, sold or bred for either
resale to commercial outlets or for the purposes of research, testing
or laboratory experimentation.
See definition of “Multiple animal site”.
Any establishment: a) which is operated by a municipality,
county, or state recognized animal humane organization for the care
and control of animals; and b) in which animals are not allowed to
breed.
A domestic or companion animal on its owner’s property
that is able to come and go at will without restraint to keep it on
its owner’s property.
A puncture or tear of the skin inflicted by the teeth of
an animal. For purposes of this title, any scratch caused by the nails
of an animal and resulting in a break of the skin shall be treated
as a bite.
A commercial establishment where animals are housed overnight
for the benefit of the animal’s owner, but not including zoos,
guard dog sites, pet stores, or state inspected veterinary hospitals
unless specifically offering nonpatient boarding services.
Any canine which results from the breeding of a domestic
dog (Canus domesticus) with any other canine subspecies, including,
but not limited to, wolves and coyotes.
Adult male bird.
A dog or cat that is not a hybrid, kept as a pet by humans.
Detainment or isolation of an animal within an escapeproof
building or enclosure and away from other animals and persons.
Breeding of a companion or domestic animal that follows a
breeding plan in efforts to preserve and protect the breed, and producing
between zero and four (4) litters yearly only when a litter will enhance
the breed and the breeding program.
The governing body of the town.
A person other than the owner who has temporary or long term
custody or possession of an animal.
An animal that attacks or bites a person or domestic animal
that is acting peaceably, when the attack results in physical injury;
except that an animal that bites or attacks when provoked by any person
or animal trespassing on the premises of its owner will not be deemed
a dangerous animal.
A commercial establishment that takes temporary possession
of a companion animal that is a dog at the request of an owner to
provide safety, comfort and/or socialization for the animal.
Any animal whose psychology has been determined or manipulated
through selective breeding and is not wild including, but not limited
to, dogs, cats, ferrets, gerbils, guinea pigs, hamsters, horses, mice,
rabbits, donkeys, rats and kangaroo rats. Livestock meeting this definition
are also domestic animals. All companion animals are domestic animals
but all domestic animals are not companion animals.
Secure confinement indoors or outdoors, such as a parcel
of land, or any portion thereof, completely surrounded at its perimeter
by a wall or fence, locked pen or other structure, that is designed
to prevent the animal from escaping the confined area and young children
from entering the confined area. The enclosure must be of sufficient
height and strength to contain the animal within.
The humane killing of an animal by an authorized person in
a manner commonly recognized as humane and approved by the appropriate
state agency, and does not cause undue pain or suffering to the animal.
A cock bred or trained for fighting or used to fight other
cocks bred or trained for fighting.
Any person who fosters an animal from or through an animal
shelter to care for the animal’s physical and emotional needs,
to assist in making the animal adoptable, or to provide a safe, homelike
environment to minimize the effects on the animal being separated
from its family.
An establishment which provides animal grooming services
for domestic or companion animals.
Dog that is used to protect a guard dog site.
An establishment that utilizes a guard dog, and which has
a current guard dog permit.
Animal hoarding is a complex and intricate public health
and community issue. Its effects are far reaching and encompass mental
health, animal welfare and public safety concerns. The following criteria
are used to define animal hoarding: a) more than the typical number
of companion animals; b) inability to provide even minimal standards
of nutrition, sanitation, shelter and veterinary care, with this neglect
often resulting in starvation, illness and death; and c) denial of
the inability to provide this minimum care and the impact of that
failure on the animals, the household and human occupants of the dwelling.
A person involved in controlled breeding of companion animals
that are registered with a nationally or internationally recognized
animal registry organization and produces more than four (4) litters
annually.
Any residence, building, or other structure used in whole
or in part for keeping, raising, or breeding animals registered with
a nationally or internationally recognized animal registry organization,
and of which the resultant offspring are not sold for resale to commercial
outlets or for the purpose of research, testing, or laboratory experimentation.
A human social or family unit comprised of persons living,
residing and domiciled in the same residence, whether related or not.
An animal that has not been spayed or neutered/fixed.
Any establishment wherein or whereon dogs or cats are kept
for the purpose of breeding, sale or sporting purposes.
Animals typically used in the production of food, fiber,
or other products or activities defined as agricultural. Livestock
shall include, but not be limited to, horses, mules, cattle, llamas,
yaks, pigs, sheep, goats, rabbits, fowl, ostriches, alpacas, emu,
and mink. Domestic animals may also be livestock if they also meet
the requirements of this definition.
A passive transponder which can be implanted in an animal
by injection, and which is a component of radio frequency identification
(RFID) system.
A permit issued by the animal control officer that is required
to operate a multiple animal site.
Property in a residential zone, upon which more than ten
(10) dogs or cats, in any combination, are in compliance with a current
multiple animal permit obtained by the owner or custodian of the animals.
Premises including, but not limited to, a boarding kennel,
grooming parlor, doggie daycare, pet store, sanctuary, animal rescue
site or shelter.
A person eighteen (18) years of age or older, or the parent
or guardian of a person under eighteen (18) years of age, or responsible
person who owns, keeps, cares for, or harbors an animal, or who allows
an animal to remain on or about his premises for more than fourteen
(14) consecutive days.
Registered microchip, or registered tattoo.
An individual, household, firm, partnership, corporation,
company, society, association, or legal entity, and any officer, agent,
or employee thereof.
An establishment that offers animals, for sale or resale,
or sells animals to consumers or wholesalers.
A parcel of land and the structures thereon.
The strict confinement and isolation of an animal for any
length of time in accordance with this title, state law, or federal
law, in order to observe for and control the spread of infectious
or contagious diseases, such as rabies.
An animal beyond the boundaries of the owner’s premises
and free from the owner’s control is running at large. Free
from an owner’s control shall mean those animals that are not
contained by an enclosure or restrained on a leash no longer than
eight feet (8') held by a responsible person capable of controlling
the animal. Verbal commands and ability to shock the animal through
use of electric collar do not constitute control of an animal. Running
at large includes all stray animals. Being stray or running at large
shall not include: a) a dog which is working at a specific job for
which it has been trained; or b) a dog performing in the capacities
of hunting, tracking, obedience, agility, showing, or field trials.
Areas protected through the management of human activities
to provide and maintain habitat, other wildlife, and the ecosystems
that support them, including national wildlife areas, migratory bird
sanctuaries, conservation areas and zoos.
Secure confinement indoors or outdoors, such as a parcel
of land, or any portion thereof, completely surrounded at its perimeter
by a wall or fence, locked pen or other structure, that is designed
to prevent the animal from escaping the confined area and young children
from entering the confined area. The enclosure must be of sufficient
height and strength to contain the animal within and provide sufficient
room for the animal to comfortably move around within the structure.
Any physical injury to a person or animal that results in
broken bones, multiple bites, muscle tears, or disfiguring lacerations
requiring sutures, corrective or reconstructive surgery.
Any animal recognized as a qualified service animal pursuant
to the Americans with Disabilities Act of 1990. A qualified service
animal includes, but is not limited to: a) a guide dog trained by
a professionally recognized guide dog school to lead a totally or
partially blind person; or b) a hearing dog trained by a professionally
recognized hearing dog school to aid a hearing impaired person; or
c) a service dog trained by a professionally recognized school to
assist a mobility impaired person; or d) any other animal, approved
by the vocational rehabilitation department of the department of public
education of the state, as acceptable in public places, which is trained
to provide special assistance to a mobility impaired person.
The State of New Mexico, United States of America.
An animal beyond the boundaries of the owner’s premises
and free from the owner’s restraint or control, including animals
that are running at large, abandoned, or have no known owner.
An indelible mark placed on an animal to serve as permanent
identification.
The Town of Taos, a municipal corporation incorporated under
the laws of the State of New Mexico.
Inoculation with an antirabies vaccine recognized and approved
by the State of New Mexico and given in accordance with state law.
Wild rodents and various insects including flies, mosquitoes,
ants and wasps.
Any wild vertebrate member of the animal kingdom which does
damage to persons or the environment, including rodents, carnivores,
other mammals, birds, reptiles and amphibians, and fish, but not including
domestic animals.
A person licensed in the State of New Mexico to treat the
ailments or injuries suffered by animals and who possesses an academic
degree of doctor of veterinary medicine or veterinary medical doctor.
Any animal found naturally in a wild state, whether or not
indigenous to the State of New Mexico and whether or not raised in
captivity. Such animals, though they may be trained and domesticated,
include, but are not limited to:
Wolves, foxes, coyotes, dingoes, and other members of nondomestic
canine families.
Lions, pumas, panthers, mountain lions, wild cats, and other
members of the nondomestic feline families.
All bears, including grizzly bears, black bears, brown bears,
etc.
Raccoons, including eastern raccoon, desert raccoon, ring tailed
cat, etc.
Primates, including all nonhuman great apes other than qualified
service animals.
Skunks.
Bats.
Indigenous and nonindigenous poisonous snakes.
Alligators, crocodiles, caimans, or poisonous lizards.
Venomous fish and piranha.
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Note: The town is not responsible for preventing or remedying
incidents involving wild animals.
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The Wildlife West Nature Park and other zoos accredited by
the American Zoological Association.
(Ordinance 11-19 adopted 2011)
