The animal control officer shall be a deputy of the town, and shall be responsible for enforcement of the provisions of this title and statutes of the State of New Mexico as applicable.
(Ordinance 11-19 adopted 2011)
The animal control officer shall have the authority, and is directed to investigate, upon reasonable cause including complaints, any alleged violation of this title. Whenever the animal control officer has probable cause to believe that a person has violated this title, the animal control officer may prepare a citation provided by the town giving written notice to appear in court.
(Ordinance 11-19 adopted 2011)
A. 
The purpose of the schedule of fees and other assignable costs shall be to identify fees to defray expenses related to enforcement of this title.
B. 
The schedule of fees is as set forth in the fee schedule in appendix A of this code.
C. 
Penalties:
 
Second Offense
Third Offense
Penalties:
$50.00
$100.00
Running at large
Disturbing the peace
Failure to vaccinate for rabies
Failure to obtain a required permit
Failure to comply with all other sections of this title
After the third offense of any or all of the categories in a calendar year, the animal shall be impounded and relinquished to the animal shelter for adoption
(Ordinance 11-19 adopted 2011; Resolution 11-58 adopted 2011; Ordinance adopting 2023 Code)
A. 
Impounding of animals.
Any animal control officer shall be authorized to impound:
1. 
Any animal determined to be running at large;
2. 
Any animal in plain view on its owner’s premises whose condition threatens imminent death or serious illness or injury to the animal itself;
3. 
Any animal in plain view on its owner’s premises whose action(s) threatens imminent death or serious injury to any person or to another animal within the same premises;
4. 
Any animal when so ordered by a court of competent jurisdiction.
B. 
Entry to private premises.
1. 
Any animal control officer shall be authorized to enter upon any private premises with the consent of the owner/occupant or as otherwise provided for by law, for the purpose of making inspections to determine compliance with this title, impounding animals as authorized by the town, or examining records pertinent to the origin and care of any animals located at, or having come from, any permitted premises.
2. 
Except in cases of imminent danger to either the public or animal(s), the animal control officer shall make reasonable efforts to obtain the permission of the property owner/occupant before entering onto private premises. If the animal control officer is unable to obtain the permission of the owner/occupant, the animal control officer may seek a court order or warrant to enter private premises as provided by law for the purpose of making inspections to determine compliance with this title and impound animals as authorized by the town.
3. 
In cases where entry is mandated by either court order or warrant, the order or warrant must be executed in the company of an authorized law enforcement officer of the town.
C. 
Dead animals.
1. 
The animal control officer shall be authorized to pick up and dispose of any dead dog, cat, or other animal lying in any public right-of-way, or in any private access easement which is dedicated for public use. The animal control officer shall make a reasonable attempt to notify the owner of any dead dog or cat prior to disposal.
2. 
At the discretion of the animal control officer, the town may pick up and dispose of any dead and privately owned companion animal, domestic animal, or other animal at the request of the owner, provided that the owner pays the full costs of any such pickup and disposal.
3. 
Disposal shall be accomplished in such a manner as to minimize vermin infestation, odors, and disease.
D. 
Authority.
An animal control officer may move to dismiss any citations, criminal summons, or fees provided the owner complies with a written agreement entered into with the officer as to the action required to correct the problem.
E. 
Personal liability.
There shall be no personal liability on the part of any animal control officer or other town employee performing official duties under this title in the execution of his/her assigned duties, except as provided by state or federal law.
(Ordinance 11-19 adopted 2011)
No person shall threaten, hinder, or interfere in any manner with the animal control officer or reserve animal service officer in the performance of any duties prescribed by this title.
(Ordinance 11-19 adopted 2011)
Subject to budgetary limitations, the town shall provide or contract for sufficient facilities to be used for the purpose of humanely boarding and caring for animals impounded under the provisions of this title. Such a facility shall meet the following requirements:
A. 
Animal shelters shall be structurally sound, constructed of nontoxic materials, and weatherproof. Interior floors shall be of smooth, easily cleanable construction, and impervious to water. The premises shall be kept clean, sanitary, and in good repair in order to protect animals from disease and/or injury.
B. 
Animal shelters provide proper ventilation, temperature control, shade, and lighting necessary for the health and safety of animals according to each species’ needs.
(Ordinance 11-19 adopted 2011)
A. 
Requirement.
Upon impounding or receiving any animal, the animal shelter shall record data required by this section into a registry to be kept for no less than three (3) years including:
1. 
The date, time, location, reason for impoundment, and manner of the animal’s acquisition;
2. 
The species, breed, color, and sex of the animal;
3. 
The animal’s name, and the owner’s name, address, and phone number, if known;
4. 
Verification of notification and reasonable attempts at notification to the known owner of animals impounded with identification;
5. 
The animal’s rabies tag number and microchip number, if available;
6. 
The name, address, and phone number of the person redeeming the animal, if applicable; and
7. 
Any and all fees and fines received.
B. 
Observation of animals.
Each animal shall be observed at least twice daily by the authorized person in charge of its care.
(Ordinance 11-19 adopted 2011)
A. 
Notice.
If the owner of an impounded animal is known, the animal shelter shall make a reasonable effort to notify the owner immediately.
B. 
Duration.
1. 
All impounded animals without identification shall be held for a minimum of three (3) working days.
2. 
All stray animals with identification shall be held a minimum of seven (7) working days, during which time, serious efforts will be made to locate the owners and notify the owner of his/her right to reclaim the animal.
3. 
All quarantined animals shall be held and observed for a period of ten (10) consecutive days from the date of the bite or seizure.
4. 
All owner surrendered animals become the property of the animal shelter in the town at the time of surrender.
5. 
All animals placed under protective custody shall be held a minimum of fifteen (15) consecutive days.
6. 
In computing any period of time, the day that the animal is impounded shall not be included. The last day of impoundment shall be included, unless it is a Saturday, Sunday, holiday, or when the shelter is unexpectedly closed, in which case the period of time continues until the end of the next day which is not one of these days.
C. 
Limited right of reclamation by owner.
An owner or custodial person of any impounded animal shall have a limited right to redeem/reclaim the animal within the required holding period conditional on compliance with this subsection and all other applicable provisions of this title. To reclaim an animal, the owner/custodial person shall sign a statement of ownership/responsibility and comply with all provisions of this title prior to redeeming/reclaiming any animal.
D. 
Payment of fees and other assignable costs.
The limited right to redeem may only be exercised by the owner/custodial person upon payment to the animal shelter of any license fees due, microchip fee, impounding fees, boarding charges, veterinary charges, and other costs incurred by the animal shelter for the care and maintenance of the animal, or as designated in the schedule of fees and other assignable costs.
E. 
Animals held on court order.
In all instances when an animal is impounded and a court order related to a violation of this title has been filed in a court of competent jurisdiction against the owner of the animal, the animal shall not be released except upon order of the court. The court may direct the animal owner to pay any penalties or fines for violation of this title in addition to penalties resulting from other charges.
F. 
Nonredeemed animals.
Any animal not reclaimed within the required holding period shall become the property of the animal shelter. Such animals may be:
1. 
Placed for adoption in conformance with the requirements of this section and state law including, but not limited to, New Mexico Statutes Annotated (1978) section 77-1-20; or
2. 
Transferred to the ownership of any animal shelter or certified rescue group, or euthanized in a humane manner, in conformance with that organization’s criteria.
G. 
Adoption.
An impounded animal shall not be released for adoption until:
1. 
The required holding period for redemption/reclaiming has passed;
2. 
The animal has been deemed adoptable; and
3. 
The prospective adopter has paid any required adoption fee to the animal shelter as noted in the fee schedule in appendix A of this code.
H. 
Adoption of companion animals.
For the adoption of any unsterilized dog or cat, the adopter shall pay a sterilization deposit as set forth in the fee schedule in appendix A of this code and impoundment fees as established by the animal shelter and sign an agreement to have the animal sterilized by the age of six (6) months or within thirty (30) days, whichever is longer. The deposit shall be reimbursed to the owner only upon delivery of a valid receipt from a veterinarian proving that the specified animal was sterilized within the required time period.
I. 
Euthanasia.
Any impounded animal may be euthanized by the animal control officer, or by the animal shelter, or by such other persons as may be contracted with by the town to perform such euthanasia:
1. 
After the required holding period for reclaiming has passed, or
2. 
For humane reasons to prevent the animal suffering, or
3. 
If the owner admits that the animal is dangerous and transfers ownership of the animal to the animal shelter, or
4. 
If the court finds that an animal is dangerous and poses an imminent threat to public safety and orders humane destruction of the animal consistent with the provisions of subsection 6.16.050.B of this title.
J. 
Permanent identification.
1. 
An owner must purchase a microchip from the animal shelter in conformance with the requirements of this title, implanted in the animal by injection, before reclaiming the animal, unless it is already permanently identified.
2. 
No reclaimed dog or cat shall be allowed to leave any animal shelter without being microchipped.
3. 
Boarding kennels are not responsible for microchipping.
(Ordinance 11-19 adopted 2011; Ordinance adopting 2023 Code)