For the purposes of this chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
To leave an animal for more than 24 hours without providing
effective provisions for its proper feeding and care. The term "abandonment"
(or "to abandon") does not apply to the trap, neuter and return (TNR)
of feral cats. A person or organization managing unowned cats by trap,
neuter and return is not deemed the owner, harborer, keeper, holder,
possessor, custodian or caretaker of such cats.
Any organism belonging to the vertebrate class Amphibia (including
but not limited to frogs, toads, salamanders, and caecilians).
Any vertebrate member of the animal kingdom excluding humans.
Any person authorized to enforce this animal control chapter
and other applicable animal control laws, orders, and regulations.
The supervisor or director of the Animal Control Unit.
The Animal Control Officers, and support staff of the County
for the implementation of the control of animals.
The governmentally operated animal shelter that serves as
the primary impoundment facility for stray, lost, abandoned or surrendered
animals in Dona Ana County, or its successor.
Either a governmental or private organization that provides
a temporary home for stray or surrendered pet animals until the animal
is reclaimed by the owner, adopted to a new owner, placed with another
organization, or euthanized.
An animal used to train and/or condition other animals to
fight and includes, but is not limited to, dogs, cats, and rabbits
exposed to attack by other animals used or trained to be used for
fighting or to make the attacking animal more confident and aggressive.
An actual puncture or tear of the skin inflicted by the teeth
of an animal.
Allowing, either intentionally or unintentionally, a dog,
cat, or other domestic animal to produce offspring.
Any offspring resulting from the breeding of a domestic species
or breed of canine with that of a wild species or breed of canine,
such as a wolf or coyote. Any animal which at any time has been or
is permitted, registered, licensed, advertised, or otherwise described
or represented as a canine hybrid, wolf-dog, or wolf hybrid by its
owner to an Animal Control Officer, veterinarian, police officer,
or official of the Department of Health shall be considered a canine
hybrid for the purposes of this chapter. An animal shall not be judged
to be a canine hybrid based strictly on its appearance.
A commercial variety show featuring animal acts for public
entertainment.
A band, chain, harness, or other suitable device worn around
the neck or torso of an animal to which current rabies vaccination
and identification tags can be affixed.
A dairy, livestock feed lot, livestock quarantine station,
horse race track, horse farm, livestock ranch, or any other livestock
industry that is actively engaged in that business and licensed as
such.
Restriction of an animal at all times by an owner or keeper
to an escape-proof building or other enclosure away from the public.
The unincorporated areas within the jurisdictional boundaries
of the County of Dona Ana, New Mexico.
The County Manager of Dona Ana County or his or her designated
representative(s).
A dog that has caused a serious injury to a person or domestic
animal, as defined under the Dangerous Dog Act, NMSA 1978, § 77-1A-2
et seq., as amended.
A species of animal that has been domesticated to serve as
a companion animal to humans, a work animal for humans, or for human
consumption.
Straight-line cutting of the tip of the left or right ear
of a cat while the cat is anesthetized and has been sterilized and
administered a rabies vaccination. A cat with a tipped ear shall be
considered to be sterile.
Any action taken by the Animal Control Officer in order to
preserve the health and/or life of an animal or human being, including
but not limited to entering vehicles or premises, given probable cause,
and detaining the animal to prevent present or imminent suffering
to the animal, a human, or another animal.
An area completely surrounded by a wall, fence, or animal
pen of sufficient height and strength to contain the animal(s) within.
A place of business together with its grounds and equipment.
The period of fertility as it relates to a female animal.
Any offspring resulting from the breeding of a domestic species
or breed of feline with that of a wild species or breed of feline,
such as an African serval cat. Any animal which at any time has been
or is permitted, registered, licensed, advertised, or otherwise described
or represented as a feline hybrid by its owner to an Animal Control
Officer, veterinarian, police officer, or official of the Department
of Health shall be considered a feline hybrid for the purposes of
this chapter. An animal shall not be judged to be a feline hybrid
based strictly on its appearance.
An individual animal of a domesticated species that is not
behaviorally compatible with humans, and is therefore not suitable
to serve as a pet, companion animal, or work animal. Feral cats include
all cats that by physical aspect and behavior are deemed to be unowned
and have been trapped for purposes of improving public health and
limiting reproduction.
Capable of producing offspring.
The health office(s) located in each county and administered
by the Public Health Division of the Department of Health.
A written notice submitted to the Animal Services Center
of the Mesilla Valley by the finder of an unclaimed or stray animal,
accurately describing the animal and the conditions under which the
animal was found, including location, date, and time. Such a report
shall also include the name and accurate contact information for the
person responsible for submitting said report.
Any bird.
An establishment or part thereof maintained and licensed
for the purpose of performing animal grooming services, such as bathing,
clipping, brushing, and/or topical parasite treatment, which may be
required in order to maintain the well-being of an animal.
A dog that is used to protect a commercial property, but
excludes a dog used exclusively to guard livestock.
To allow, either intentionally or unintentionally, any stray
animal to linger on one's premises by feeding such animal without
making all effective provisions for such animal as required by this
chapter. Persons harboring an animal shall be subject to the provisions
of this chapter applicable to animal caretakers. The term "harbor"
does not apply to the trap, neuter and return (TNR) of feral cats.
A person or organization managing unowned cats by trap, neuter and
return is not deemed the owner, harborer, keeper, holder, possessor,
custodian or caretaker of such cats.
The collection of individuals, related or not, who reside
at one street address.
To have compassion, benevolence, and sympathy for people
and animals, especially for those suffering or in distress.
A small integrated circuit made of inert, biocompatible material
that will not disintegrate or rust, implanted via injection beneath
the skin of an animal typically in the area between the animal's
shoulder blades, and stores a unique, unalterable, alphanumeric code
which can be registered to correspond with contact information for
the owner of the animal.
Direct physical control over an animal by a capable and competent
person by use of:
Any animal facility, kennel, shelter, veterinary hospital,
lot, premises, or building maintained, contracted, or utilized by
the County for the care and custody of animals.
A visual check by the Animal Control Unit of any premises
to ensure that no violations of this chapter are present.
Refer to "fertile."
The confinement of an animal in an escape-proof run or cage
so that there is no possibility of direct contact with other animals
or humans, except for the minimum contact by humans that may be required
to maintain the well-being of the animal.
The Scientific Laboratory Division (SLD) of the New Mexico
Department of Health.
A group of one or more young animals born at the same time
from the same mother.
All animals that have been domesticated for cultivation and/or
domesticated animals that are used for human consumption and includes
horses, asses, mules, cattle, bison, buffalo, beefalo, camelids, ostriches,
emus, rheas, sheep, goats, swine, peafowl, poultry, rabbits, and farmed
cervidae, but excludes canine or feline animals.
Refer to "identification microchip."
To have had a working registered identification microchip
implanted.
A written notice submitted to the Animal Services Center
of the Mesilla Valley by the owner of a missing animal, accurately
describing the animal and the conditions under which the animal was
last seen, including location, date, and time. Such a report shall
also include the name and accurate contact information for the person
responsible for submitting said report.
Any animal facility or premises where more than six dogs
or cats, or any combination thereof, over three months of age, are
kept or maintained, and where animals are not bred or sold for resale
to commercial outlets, nor for the purpose of testing, research, or
laboratory experimentation.
Refer to "sterilized."
A disturbance caused by an animal to the comfort and repose
of any person of ordinary sensibilities in the vicinity.
A person 18 years of age or older or the parent or guardian
of a person under 18 years of age who owns, harbors, keeps, holds,
possesses, or who takes charge of or care of an animal, or permits
an animal to remain on or about the premises owned or controlled by
him/her. The term "owner" does not apply to the trap, neuter and return
(TNR) of feral cats. A person or organization managing unowned cats
by trap, neuter and return is not deemed the owner, harborer, keeper,
holder, possessor, custodian or caretaker of such cats.
Any spectacle, display, act, or event, other than a circus,
in which performing animals are used and to which the general public
is invited.
An official document or certificate issued by the Animal
Control Unit authorizing the keeping of specific animals on specific
premises.
An individual, household, firm, partnership, corporation,
company, society, association, or legal entity, and every officer,
agent, or employee thereof.
Any domesticated animal kept as a companion animal and not
intended to be used for farming or human consumption.
A rabies tag, microchip tag, pet identification tag, identification microchip, or any other potential source of owner contact information associated with an impounded animal that may be obtained by the Animal Services Center of the Mesilla Valley staff. For the purposes of reclamation under § 134-24 of this chapter, an animal shall not be considered to be in possession of pet identification if such tags or owner contact information proves to be invalid.
Any premises open to the public with a valid business registration
or license for the purpose of and engaging in the purchase, sale,
exchange, or hire of animals of any type, excluding commercial kennels,
animal shelters, commercial livestock operations, state-inspected
veterinary hospitals, and federally inspected laboratory facilities
and zoos.
Any substance that, when introduced into the body of a person
or animal, causes injury, illness, or death of a living organism.
Any commissioned or certified law enforcement officer of
a police, sheriffs, or public safety department who is a graduate
of a recognized certified law enforcement training facility, and who
is responsible for the prevention and detection of crime and the enforcement
of the penal, traffic, or highway laws of the state.
Any animal that has bitten a person causing a puncture or
tear of the skin, potentially exposing the person to rabies.
A dog, as defined under the Dangerous Dog Act, NMSA 1978,
§ 77-1A-2 et seq., as amended, that may reasonably be assumed
to pose a threat to public safety as demonstrated by the following
behaviors:
Causing an injury to a person or domestic animal that is less
severe than a serious injury; or
Chasing or menacing a person or domestic animal in an aggressive
manner and without provocation; or
Acting in a highly aggressive manner within a fenced yard or
enclosure and appearing able to escape from the yard or enclosure.
All birds that have been raised for their meat and/or eggs
and includes but is not limited to chickens, turkeys, ducks, geese,
and guinea fowl.
Any parcel of land and the structures thereon.
Any commercial kennel, grooming parlor, pet shop, animal
shelter, commercial livestock operation, state-inspected veterinary
hospital, or federally inspected laboratory facility or zoo.
A commercial dog breeding facility operated with an emphasis
upon profits above animal welfare and often in substandard conditions
regarding the well-being of the dogs and puppies at the facility,
which substandard conditions include but are not necessarily limited
to over-breeding, inbreeding, minimal veterinary care, poor quality
of food and shelter, lack of human socialization, overcrowded cages,
and the killing of unwanted animals.
Refer to "qualified service animal."
Any of the following:
A dog trained or being trained by a recognized school for training
dogs to assist persons with disabilities; or
An animal recognized as a service animal pursuant to the Americans
with Disabilities Act of 1990;[1] or
Any other animal approved by the Governor's committee on
concerns of the handicapped as acceptable in public places and trained
to provide some special assistance to a person with a disability.
The strict isolation of a potential rabies suspect animal
for a ten-day observation period at a place and in a manner designated
by the Animal Control Officer and approved by the Field Health Office.
The injection of an approved rabies vaccine by or under the
supervision of a licensed veterinarian.
The length of time made available to an animal's owner
during which he or she may reclaim such animal from an animal shelter
as his or her personal property. The reclamation period shall be measured
in working days, which shall include any day in which the animal shelter's
reclaim department/office is open to the public for a minimum of three
continuous hours.
A document to be signed by the owner of an animal in which
he or she relinquishes all right and title of the animal to the Animal
Control Unit or an animal shelter.
Any organism belonging to the vertebrate class Reptilia (turtles,
lizards, snakes, crocodilians, and amphisbaenids).
A building used by a person as a place of general abode,
or as a principal or actual dwelling place in fact, without regard
to intent.
Any of the following:
To be free of physical restraint beyond the premises of the
owner or keeper.
A physical injury that results in broken bones, multiple
bites, or disfiguring lacerations requiring sutures or reconstructive
surgery.
Intentionally engaging in sexual intercourse, cunnilingus,
fellatio, or anal intercourse with an animal or the causing of penetration,
to any extent and with any object, of the genital or anal openings
of an animal, whether or not there is any emission.
The Dona Ana County Sheriff or his or her designee.
Refer to "sterilized."
To be rendered permanently incapable of producing offspring.
An animal running at large.
To restrain an animal by means of a chain, lead, runner,
cable, rope, or similar device attached either to a stationary object
or to a running line, pulley, or trolley system.
A mechanical device for catching and holding animals.
To be free of physical restraint.
Any animal with the capability of causing harm by the introduction
of a toxic or poisonous substance into the body of another animal
or human being.
A person with a doctor of veterinary medicine degree licensed
to practice veterinary medicine in the State of New Mexico.
Any establishment maintained and operated by a licensed veterinarian
for surgery, diagnosis, and treatment of diseases and injuries of
animals.
An animal known to be liable to attack or injure human beings.
Any vertebrate animal(s) under the jurisdiction of the New
Mexico Game and Fish Department.
Any wild, exotic, or nondomestic mammal, bird, reptile, amphibian,
fish, mollusk, or crustacean.
Any facility, other than a pet shop or kennel, displaying
or exhibiting one or more species of nondomesticated animals operated
by a person or government agency.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
