A.
Intact animal permit. A person owning or having charge, custody,
or care over an intact dog or cat shall obtain an intact animal permit
from the Animal Control Unit for each intact dog or cat owned, whether
or not the person intends to breed the animal.
(1)
The permit application shall include an accurate physical description
of the animal, and, if applicable, licensing and/or microchip registration
information.
(2)
The permit applicant shall pay the intact animal permit fee before
a permit may be obtained. The permit holder shall, thereafter, pay
an annual intact animal permit fee.
(3)
The permit shall apply solely to the animal specified on the application.
(4)
The intact animal permit fee shall be refunded to the permit holder
if the intact dog or cat is sterilized within 90 days of the issuance
of the permit.
(a)
Proof of such procedure shall be submitted to the Animal Control
Unit.
(b)
Proof of sterilization shall consist of a written certificate
by a veterinarian stating that the animal has been sterilized, or
that sterilization would be an unnecessary surgical risk for the animal
due to its age or physical condition.
B.
Litter permit. A person owning or having charge, custody, or care
over a dog or cat and who intentionally or unintentionally breeds
the animal shall obtain a litter permit from the Animal Control Unit
for each litter born.
(1)
The permit application must be submitted within 10 days of the birth
of the litter.
(2)
The permit application shall include an accurate physical description
of the parent animal(s).
(3)
The permit applicant shall pay the litter permit fee before a permit
may be obtained.
(4)
The litter permit fee shall be refunded to the permit holder if the
reproducing dog or cat is sterilized within 90 days of the issuance
of the permit.
(a)
Proof of such procedure shall be submitted to the Animal Control
Unit.
(b)
Proof of sterilization shall consist of a written certificate
by a veterinarian stating that the animal has been sterilized, or
that sterilization would be an unnecessary surgical risk for the animal
due to its age or physical condition.
(5)
Permit number. Each litter permit shall include a unique litter permit
number provided by the Animal Control Unit.
(a)
The permit holder shall not advertise, barter for, sell, or
give away any puppy or kitten unless the applicable litter permit
number is displayed legibly in all advertisements.
(b)
The permit holder shall furnish the litter permit number to
any potential recipient or Animal Control Officer upon request.
(6)
Litters per female per year. A person owning or having charge, custody,
or care over an intact female dog or cat shall not allow or permit
intentionally or unintentionally the animal to produce more than one
litter in a consecutive twelve-month period.
A.
No person shall operate a multiple-animal site without a valid permit. A person may obtain a permit under the conditions in Subsection B, after satisfactorily passing a pre-permit inspection, payment of the appropriate permit fee, and proof of business registration, if applicable. The operator shall post the permit in a conspicuous place on the premises. Permits are not transferable. Animal shelters, commercial livestock operations, state-inspected veterinary hospitals, federally inspected laboratory facilities, and zoos shall be exempt from this section.
B.
Permittees shall:
(1)
Submit to post-permit inspections of the premises.
(2)
Maintain animals in suitable enclosures. Where animals are maintained
in pens, cages or runs for periods exceeding 24 hours, they shall
be provided with adequate space to prevent overcrowding and to maintain
normal exercise according to species. Such cages holding cats must
contain a litter box.
(3)
Provide adequate weatherproof housing in all permitted premises with
proper ventilation and temperature, and sufficient lighting and shade.
(4)
Restrain animals by adequate fencing maintained at all times to contain
the animals, or by the use of tethers or chains that are tangle-free,
well-fitted, and equipped with a swivel device for attachment to the
animal's collar or harness.
(5)
Make provisions for the removal and proper disposal of animal and
food waste, soiled bedding, dead animals and debris. Animals shall
be removed from cages and protected from water and cleaning agents
during cleaning. Disposal facilities shall be operated in a manner
which will minimize vermin infestation, odors and disease. Adequate
drainage shall be maintained.
(6)
Eliminate excessive animal noise.
(7)
Segregate, by sex, unneutered adult animals, except where otherwise
indicated for health, welfare or breeding purposes. Animals shall
be housed in compatible groups.
(8)
Segregate diseased or injured animals.
(9)
Provide all animals with clean, fresh, sufficient and wholesome food
and potable water. Such water shall be available at all times. Food
and water containers shall be kept clean.
(10)
Provide sanitary, pest-free storage of food and bedding.
(11)
Observe each animal daily. Programs for disease control and
prevention shall be maintained. Sick, diseased, injured, lame or blind
animals shall be provided with appropriate veterinary care. Humane
euthanasia will be provided when necessary. The person in charge who
suspects an animal of being rabid shall immediately notify the Animal
Control Supervisor or his designee and segregate the animal.
(13)
Spay or neuter all cats and dogs except where the owner has
a valid litter or intact animal permit for such animal.
(14)
For animal shelters and professional animal establishments,
keep a record of animal inventory, disposition, and inoculations.
(15)
Comply with all applicable zoning regulations, including, but
not limited to, use restrictions associated with specific zoning categories
and restrictions on the total number of animals that may be kept on
a parcel. If any provision of this section is in conflict with the
provision of any applicable zoning regulation, the provision of the
zoning regulation shall control.
C.
Any commercial kennel, grooming parlor, pet shop, animal shelter,
state-inspected veterinary facility or federally inspected laboratory
facility, or zoo shall be exempt from the multiple-animal animal site
requirements and restrictions under this section.
A.
Outdoor rehabilitation aviary. A special permit is required by any
person to keep or maintain an outdoor rehabilitation aviary. The County
Codes Enforcement Department will not issue this special permit without
proof of a license issued by the federal government and the State
Department of Game and Fish.
B.
Birds of prey. A special permit is required by any person to keep
or maintain a bird of prey. The County Codes Enforcement Department
will not issue this special permit without proof of a license issued
by the federal government and the State Department of Game and Fish.
C.
Threatened or endangered amphibian, snake, or reptile. Federal and
state permits are required for any person to keep or maintain any
species of amphibian, snake or reptile that is listed as threatened
or endangered by the federal government or the state.
D.
Certain snakes. A special permit is required for any person to keep
or maintain any snakes of the families Elapidae and Viperidae, or
the three genera within the family Colubridae (Thelotornis kirtlandii,
the twig snake; Dispholidus typus, boomslang; and Rhabdophis, keelbacks).
The Animal Control Unit will not issue this special permit until the
appropriate federal, state and local permits are acquired.
E.
Application generally. Any person who operates or proposes to operate
an aviary for the purpose of bird rehabilitation, to maintain any
venomous species of snake or lizard, to maintain any pigeon loft,
to keep any bird of prey, or to participate in a locally recognized
FFA or 4-H program shall file an application for a special permit
with the Animal Control Unit describing the location of the site and
the purpose for which it is to be maintained. Veterinary hospitals
or clinics shall be exempt from this requirement. It shall be a condition
of the issuance of any special permit that the permittee consents
to inspection of the premises by the Animal Control Unit at any time
between the hours of 6:00 a.m. and 10:00 p.m.
F.
Application conditions. All applications for special permits required
under this article must meet the following conditions:
(1)
An initial nonrefundable fee must accompany any application to defray
the cost of processing the request.
(2)
Any application may be denied if the owner or responsible person
shows a history of noncompliance with County ordinances concerning
animal control, as evidenced by two or more convictions of violations
of such ordinances during the past year.
G.
Revocation. A special permit may be revoked when, in the opinion
of the Zoning Administrator or Animal Control Officer, it is maintained
that any one or more of the following conditions exist:
(1)
Property, pens or animal enclosures are not maintained in a clean
and sanitary condition so as to constitute a health hazard or produce
noxious odors.
(2)
Structures are considered to be unsafe.
(3)
Containers for venomous snakes or lizards are not clearly labeled
and locked.
(5)
The keeping of any permit-required species not allowed under the
provisions of the existing special permit.
H.
Conditions for keeping pigeons.
(1)
FANCY PIGEON
LOFT
PIGEON
RACING PIGEON
SPORTING PIGEON
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
A pigeon which, through past breeding, has developed certain
distinctive physical and performing characteristics as to be clearly
identified and accepted as such by the National Pigeon Association,
the American Pigeon Club, or the Rare Breeds Pigeon Club. Examples
include fantails, pouters, trumpeters.
The structure for the keeping or housing of pigeons permitted
by this section.
A member of the family Columbidae, and permitted species
shall be restricted to racing pigeons and sporting pigeons, as defined
in this subsection. The maintaining of undomesticated common variety
pigeons is prohibited within the County limits.
A pigeon which, through selective past breeding, has developed
the distinctive physical and mental characteristics as to enable it
to return to its home after being released a considerable distance
therefrom, and which is accepted as such by the American Racing Pigeon
Union, Inc., or the International Federation of Racing Pigeon Union,
Inc., or the International Federation of Racing Pigeon Fanciers. Examples
include the racing homer, homing pigeon, or carrier pigeon.
A pigeon which, through selective past breeding, has developed
the ability to fly in a distinctive manner, such as aerial acrobatics
or endurance flying. Examples include rollers and tipplers.
(2)
Maintenance, care and confinement.
(a)
The loft shall be of sufficient size and design and constructed
of such material that it can be maintained in a clean and sanitary
condition.
(b)
There shall be at least 1 1/2 square feet of floor space
in any loft for each mature pigeon kept therein.
(c)
The construction and location of the loft shall not conflict
with all the requirements of any building code of the County.
(d)
All feed for pigeons shall be stored in such containers as to
protect against intrusion by rodents and other vermin.
(e)
The loft shall be maintained in a sanitary condition and in
compliance with all applicable health regulations of the County.
(f)
All pigeons shall be confined to the loft, except for limited
periods necessary for exercise, training and competition, and at no
time shall pigeons be allowed to perch or linger on the buildings
or property of others, thus creating a nuisance.
(g)
All pigeons shall be fed within the confines of the loft.
(h)
Pigeons will not be released from the loft unless they have
not been fed within the previous four hours.
(i)
Before issuance of a special permit for the keeping of pigeons,
the owner must demonstrate that he is a member in good standing of
one of the following: the American Racing Pigeon Union, Inc.; the
International Federation of Racing Pigeon Fanciers; the National Pigeon
Association; the American Tippler Society; the International Roller
Association; or the Rare Breeds Club, as such clubs have rules that
help preserve the peace and tranquility of the neighborhood. Membership
must be renewed on an annual, or as required, basis in order to maintain
the special permit.
I.
Guard dog. A person who wishes to use a trained or certified guard
dog on nonresidential property shall first obtain a guard dog permit
from the Animal Control Unit.
(1)
Permit conditions.
(a)
Certified or trained guard dogs shall not be used to guard residential
property.
(b)
The permit application shall include sufficient information
to identify the name and address of the owner of the commercial property,
the name and address of the owner of the guard dog, and the location
intended to be guarded by the guard dog.
(c)
The permit applicant shall submit to a pre-permit inspection
of the premises by the Animal Control Unit, so that an accurate physical
description of the animal may be obtained.
(d)
The permit applicant shall pay the guard dog permit fee before
a permit may be obtained. The permit holder shall, thereafter, pay
an annual guard dog permit fee.
(e)
Prior to obtaining the permit, the permit applicant shall obtain
liability insurance with an insurer authorized to write liability
insurance in this state providing coverage in each occurrence, subject
to a limit, exclusive of interest and costs, of not less than $100,000
for damage or bodily injury to or death of a person caused by the
guard dog.
(2)
Posted signs. The permit holder shall post guard dog warning signs
at designated locations protected by a guard dog, warning the public
of the presence of a guard dog on the premises.
(a)
The warning signs shall be at least 12 inches long on each side.
(b)
The warning signs shall state "Guard Dog" and "Guardia" and
shall show a picture of an aggressive dog.
(c)
The warning signs shall be posted not more than 200 feet apart
on the exterior of the fences or walls surrounding the site, and shall
be posted at all exterior corners of the site and at every entrance
to the site.
(3)
Vehicles. Vehicles used to transport a guard dog and vehicles being
protected by a guard dog shall be secured so the public is protected
from injury.
J.
Hybrid animal. A person owning or having charge, custody, or care
over a canine hybrid or a feline hybrid shall obtain a hybrid permit
from the Animal Control Unit.
(1)
Permit conditions.
(a)
The permit application shall include a detailed and accurate
physical description of the animal and a copy of the animal's
certificate of licensure.
(b)
The permit applicant shall pay the hybrid permit fee before
a permit may be obtained. The permit holder shall, thereafter, pay
an annual hybrid permit fee.
(c)
The permit shall apply solely to the animal specified on the
application.
(d)
A person owning or having charge, custody, or care over a canine
hybrid or a feline hybrid judged to be six months of age or older
shall show proof of sterilization before a permit may be obtained
or renewed.
[1]
Proof of sterilization shall consist of a written certificate
by a veterinarian stating that the animal has been sterilized, or
that sterilization would be an unnecessary surgical risk for the animal
due to its age or physical condition.
(2)
A canine hybrid and feline hybrid shall be treated as a dog and cat
respectively for the purposes of the pet licensure, rabies vaccination,
and restraint requirements of this chapter.
The keeping of livestock, including both large and small animals,
and livestock densities, shall be governed by all applicable zoning
regulations of the County.
A.
Owner responsibility. A person owning or having charge, custody,
care, or control over a dangerous or potentially dangerous dog shall
comply with the provisions of the Dangerous Dog Act, NMSA 1978, § 77-1A-2
et seq., as amended.
B.
Animal Control Officers may apply to a court of competent jurisdiction
for a warrant to seize a dog believed to be a dangerous dog or a potentially
dangerous dog, and may file a petition in court seeking a determination
of whether the dog is dangerous or potentially dangerous, and seek
any further relief authorized by the Dangerous Dog Act.
A.
Wildlife and exotic animals. A person shall not possess, harbor,
or keep any wild or exotic animal of a species that in its natural
life is potentially dangerous or ferocious. Such animals, though they
may be trained and domesticated, remain a danger to others, and include:
(1)
Wolves, coyotes, foxes, dingoes, and other members of the nondomestic
canine families;
(2)
Lions, pumas, panthers, mountain lions, wild cats, and other members
of the nondomestic feline families;
(3)
All bears (Ursidae), including grizzly bears, black bears, brown
bears, etc.;
(4)
Raccoons (Procyonidae), including eastern raccoon, desert raccoons,
ring tailed cat, etc.;
(5)
Mustelids, other than the domestic ferret (Mustela putorius furo);
(6)
Primates (Hominidae), including all nonhuman great apes other than
qualified service animals;
(7)
Skunks;
(8)
Bats;
(9)
Snakes belonging to the families Elapidae, Viperidae, and Colubridae
(the twig snake, Thelotornis kirtlandii; boomslang, Dispholidus typus;
and keelbacks, Rhabdophis);
(10)
Lizards belonging to the family Helodermatidae (gila monsters,
Heloderma suspectum, and beaded lizards, Heloderma horridum);
(11)
Alligators, crocodiles, or caimans;
(12)
Venomous fish and piranha;
(13)
Any species of amphibian, snake, or reptile that is listed as
threatened or endangered by the federal or state government; and
(14)
Coati mundi.
B.
Exceptions. This section shall not apply to veterinary facilities,
or individuals holding a State of New Mexico wildlife rehabilitation
or educational use permit.
A.
Fees. Fees for permits required pursuant to this chapter shall be
established and adopted through resolution by the Board of County
Commissioners.
B.
Qualified service animals.
(1)
Admittance. Notwithstanding any other provision of law, a qualified
service animal shall be admitted to any building open to the public
and to all public accommodations such as restaurants, hotels, hospitals,
swimming pools, stores, common carriers, and theaters, provided that
the qualified service animal is under the control of a person with
a disability or a trainer of service animals.
(2)
Additional fees. A person shall not be required to pay any additional
charges for his or her qualified service animal, but shall be liable
for any damage done by his or her qualified service animal.
