The following shall be prohibited:
A.
Possessing
over twelve (12) companion animals;
B.
Failing
to provide necessary nutrition to the companion animals;
C.
Failing
to shelter the companion animals in a sanitary environment;
D.
Failing
to provide necessary veterinary care to the companion animals; and
E.
Displaying
a disregard for conditions under which the companion animals are living.
(Ordinance 11-19 adopted 2011)
A.
No person
shall keep or harbor on any private or public property within the
municipal boundary of the town any wild or exotic animal of a species
that in its natural state is dangerous or ferocious.
B.
This
section shall not apply to municipal zoos and aquarium facilities,
veterinary facilities, or individuals holding a State of New Mexico
wildlife rehabilitation or educational use permit.
(Ordinance 11-19 adopted 2011)
A.
No person
shall own, harbor, keep, sell, offer for sale, or freely give any
“canine hybrid”, as defined in this title, within the
municipal boundary of the town.
B.
Any
person who lawfully holds or keeps a “canine hybrid” as
defined by this title prior to the effective date hereof may maintain
that individual animal until its death subject to appropriate confinement
requirements.
(Ordinance 11-19 adopted 2011)
It is unlawful for any person to confine any bird unless provisions
are made for the proper feeding and the furnishing of water to such
birds at intervals not longer than forty-eight (48) hours. No person
shall confine any bird in a crate, box, or other enclosure that does
not permit each bird confined therein to stand in a naturally erect
position.
(Ordinance 11-19 adopted 2011)
Domestic livestock shall be subject to all provisions provided
by New Mexico Statutes Annotated, 1978, sections 77-1-1 through 77-18-4,
2005.
(Ordinance 11-19 adopted 2011)
A.
It is
unlawful for a person to recklessly, willfully, or maliciously kill,
maim, disfigure, or torture; beat with a stick, chain, club or other
object; mutilate, burn or scald with any substance; overwork, torment,
harass; poison or otherwise cruelly harm any animal, except that reasonable
force may be used to drive off vicious or dangerous animals. When
a law enforcement officer or animal control officer has probable cause
to believe that an animal has been cruelly treated, the officer may
impound the animal for its protection pending appropriate court proceedings.
B.
It is
unlawful for a person to abandon or fail to provide necessary sustenance
to any animal under that person’s custody or control, including
nutritious food, potable water, and access to adequate shade and shelter,
as well as veterinary care for rabies vaccination and serious injuries
or illnesses.
C.
It is
unlawful for any person to tease, harass, annoy, disturb, molest,
threaten, or hit any animal which is on the property of its owner,
or under the control of its owner.
D.
It is
unlawful for any person to entice or lure any animal out of an enclosure
or off the property of its owner or caretaker or to seize any animal
while the animal is on the property of its owner or caretaker, except
a law enforcement officer or animal control officer, in the otherwise
lawful performances of his/her duties.
E.
Notwithstanding
the foregoing prohibition, it shall not be violation of this title:
1.
To
use reasonable force to protect a person or animal from death or injury
due to an attack by another animal or vermin; a person should be able
to ward off such an attack even if the animal is not trespassing (e.g.,
if both are on public sidewalk);
2.
To
eradicate or destroy vermin;
3.
For
the owner of an animal to have the animal humanely destroyed;
4.
For
a law enforcement officer or veterinarian to humanely destroy an animal
in an emergency situation when such destruction is reasonably required
to protect public health and safety, to relieve the suffering of a
mortally wounded or injured animal, or when destruction is allowed
by state law. There shall be no liability by the law enforcement officer
or the veterinarian for such acts;
5.
To
engage in legal hunting practices as allowed by state wildlife authorities.
(Ordinance 11-19 adopted 2011)
No person, other than an animal control officer or licensed
facility to which the animal control officer delivers an animal for
protective custody or authorized euthanasia, shall retain possession
of any animal which is not his/her property without the consent of
the animal’s owner, if there is evidence of ownership, or retain
possession of any animal for more than twenty-four (24) hours without
reporting the possession of such animal to an animal control officer.
Such a person shall provide his name, address, and telephone number
if available, location of the animal, and a true and complete statement
of the circumstances under which the animal came into his/her possession.
(Ordinance 11-19 adopted 2011)
No person shall abandon or leave behind an animal at their residence
when they move.
(Ordinance 11-19 adopted 2011)
A.
Disturbing
the peace.
1.
Title
8, chapter 8.24, “Noise Control”, of this code shall apply
to the keeping of animals. It is unlawful for any person to allow
any animal to persistently or continuously bark, howl, or make other
disturbing noise, or otherwise unreasonably disturb the peace and
quiet of the inhabitants of the town or to keep or maintain any animal
in any manner such as to disturb the general peace and quiet, disturb
by unreasonably noxious or offensive odors, or otherwise endanger
the general health, safety, or welfare of the inhabitants of the town.
This provision shall not apply to livestock.
2.
Private
criminal complaints may be filed in the municipal court by a town
law enforcement officer upon a complaint received by a citizen for
which there is probable cause of an animal disturbing the peace. All
complaints filed pursuant to this section shall be in writing, giving
the name and address of the person(s) permitting the nuisance to occur
and continue and a description of the circumstances which allegedly
constitute a violation of this section.
3.
All
law enforcement officers and the animal control officer have authority
to enforce this section and may issue a citation for violation of
this section. Notice shall include the name, address and phone number
(if available) of the complainant, and all witnesses to the violation
of this section. If the violation of this section is witnessed by
an officer, that officer may become the complainant and the officer’s
name shall appear as a witness. Penalties for any violation for this
section shall be established in the schedule of fees.
(Ordinance 11-19 adopted 2011)
A.
No person
shall promote, stage, hold, manage, conduct, train for, carry on,
or attend any game, exhibition, contest or fight in which any animal
participates for the purpose of injuring, killing, maiming or destroying
itself or any other animal.
B.
No person
shall own, possess, rear, breed, train, buy, sell, transport, or advertise
or otherwise offer to sell any fighting cock, fighting dog, or other
fighting animal.
C.
It is
unlawful to own, equip, or sponsor an animal for the purpose of having
it participate in animal fighting, including for purposes of monetary
gain or entertainment.
D.
No person
shall provoke or entice an animal from the property of its owner or
keeper for the purpose of engaging the animal in an animal fight.
(Ordinance 11-19 adopted 2011)
No person shall give or make accessible to any animal, with
the intent to cause harm or death, any substance which contains, has
been treated with, or has been prepared with a harmful poisonous substance.
Such poisoning shall constitute extreme cruelty to an animal. This
section does not apply to the placement of such substances in order
to control vermin, i.e., rats, mice, moles/gophers, which are a threat
to public health, nor does it apply to the use of substances for the
humane destruction of animals in accordance with the provisions of
this title.
(Ordinance 11-19 adopted 2011)
A.
Animal
exhibits.
No person shall operate, conduct, or maintain
any “animal exhibit” as defined in this title, permanent
or temporary, without first having obtained a valid town business
license. Any such activity must also comply with all state laws.
B.
Companion
animals.
An owner who breeds more than four (4) litters
a year of companion animals and does not have a current hobby breeder’s
permit shall purchase a valid hobby breeder’s permit prior to
the sale and display of animals.
C.
Pet
stores.
Pet stores shall not sell companion animals or
wild animals.
(Ordinance 11-19 adopted 2011)
A.
Public
access.
Notwithstanding any other provision of law, no
qualified service animal shall be denied admittance to any building,
facility, or accommodation open to the general public, including,
but not limited to, restaurants, hotels, motels, hospitals, clinics,
swimming pools, stores, common carriers, and theaters, provided that
the qualified service animal is under the immediate control of a person
who is sight impaired, hearing impaired, or mobility impaired.
B.
Interference.
No person shall:
1.
Intentionally
or negligently interfere with the use of a qualified service animal
by means of harassment or obstruction; or
2.
Intentionally
or negligently allow an animal owned or controlled by him/her to interfere
with the use of a qualified service animal by means of harassment
or obstruction.
C.
Private
property.
The provisions of this section shall not apply
to animals on private property and which is not open to the general
public.
(Ordinance 11-19 adopted 2011)
No person shall transfer any rabies tag or license, from one
animal to another; or possess, manufacture, or use any stolen, counterfeit,
or forged license, certificate, or tag.
(Ordinance 11-19 adopted 2011)
