All permit fees, transport fees, and dead animal removal fees,
but not including pet license fees, collected pursuant to this chapter
shall be remitted to the County Treasurer, who shall place the monies
in the County general fund.
A.
The County shall designate a part-time or full-time Animal Control
Officer(s) who shall be deputized to enforce animal control laws,
orders, ordinances, and regulations.
B.
The Animal Control Officer shall prevent and control the spread of
rabies within the County, including but not limited to the capture
and confinement or disposition of rabies suspect animals, the enforcement
of quarantine orders, the destruction or confinement of animals exposed
to rabies and the enforcement of pet skunk regulations.
C.
Animal Control Officers shall be provided with proper training to
apprehend and handle animals.
D.
In carrying out the provisions of animal control laws, orders, ordinances,
and regulations, every deputized Animal Control Officer is authorized
to pursue a straying animal or a vicious dog or a dog molesting livestock
or any animal with symptoms of rabies onto private premises unless
permission to make such pursuit is explicitly refused by the occupant.
A.
Investigation; right of entry. The Animal Control Officer shall have
the authority, and is directed to investigate upon probable cause,
any alleged violation of this chapter or of any other applicable animal
control law, rule, or regulation.
(1)
Upon receiving a complaint of a violation or observing a violation
of this chapter, the Animal Control Officer is authorized to enter
upon private property or premises, but not into a private residence,
for the purpose of inspecting and investigating such alleged violation.
(2)
If the owner or resident of any such private property or premises
objects to inspection or on-site investigation, a warrant shall be
obtained from a court of competent jurisdiction prior to inspection.
B.
Interference prohibited.
(1)
Assault. A person shall not attack, assault, or in any way threaten
or interfere with the Animal Control Officer in the performance of
the duties required by this chapter.
(2)
False report. A person shall not make a false report to the Animal
Control Officer regarding any animal in danger or regarding any supposed
violation of this chapter.
(3)
Animal trap. A person shall not move, open, close, or in any way
alter an animal trap belonging to the County or being used by the
Animal Control Unit without authorization from the Animal Control
Unit. Removal or release of any animal from such a trap shall be prohibited.
C.
Right to destroy. A police officer who learns of an animal within
the County which reasonably appears to pose an immediate and serious
threat to human life is authorized to destroy said animal if the officer
is unable to capture said animal without any substantial danger to
the officer or others.
D.
Procedures for complaints. A complaint alleging any violation of
this chapter may be filed with the Animal Control Unit by a person
who has personal knowledge of such violation and who can identify
the owner of the animal involved or the premises where the animal
is located. The Animal Control Officer may require the complainant
to provide his or her name and address and swear to and affirm the
complaint.
E.
Citations; criminal complaints. Whenever the Animal Control Officer
has probable cause to believe that a person has violated this chapter
or any other applicable animal control law, rule, or regulation, the
Officer may prepare a criminal complaint to be filed with a court
of competent jurisdiction or prepare a citation for the alleged violator
to appear in court.
(1)
The citation shall contain the name, date of birth, address, telephone
number (if known), and the driver's license number (if known)
of the person allegedly violating this chapter.
(2)
The citation shall also contain the code section allegedly violated,
the common name of the alleged violation, the date and location of
the alleged violation, the operative facts for the violation, the
location where such person shall appear in court, and the deadline
for appearance.
(3)
The Animal Control Officer may present the citation to the person
believed to have violated this chapter in order to secure the alleged
violator's written promise to appear in court by having the alleged
violator sign a copy of the citation.
(4)
The Animal Control Officer may deliver a copy of the citation to
the person promising to appear.
(5)
If the alleged violator refuses to give a written promise to appear,
a certified law enforcement officer may make an arrest and take the
violator into custody; or the Animal Control Officer may file the
citation or criminal complaint in the Magistrate Court, which may
result in an arrest warrant being issued for the person refusing to
sign the promise to appear.
(6)
All prosecutions for the commission of any offense made punishable
by this chapter shall be commenced within one year after the occurrence
of the violation and shall be barred thereafter.
A.
Animal shelter. The County shall enter into a contract with the Animal
Services Center of the Mesilla Valley or other suitable entity to
serve as the primary facility for the impoundment of animals pursuant
to this chapter. The County may designate additional locations for
impoundment under special circumstances, such as special quarantine
arrangements, animals held pending legal proceedings, and/or special
wildlife impoundments.
B.
Health or safety risk. The Animal Control Officer, in performance
of his or her duties, may take emergency measures in order to seize
and detain any animal that poses a present or imminent health or safety
risk to the public.
(1)
If the animal is not to be held pending court proceedings, such an
impoundment shall be considered a care and maintenance impoundment
for the purposes of reclamation.
C.
Critically ill or injured. The Animal Control Officer, in performance
of his or her duties, may take emergency measures in order to seize
and detain any animal that is deemed by the Officer to be critically
ill or injured or in real and immediate jeopardy of becoming critically
injured.
(1)
If the Animal Control Officer is unable to safely return said animal
to the appropriate owner or caretaker within a reasonable amount of
time, the Officer may deliver the animal to the ASCMV. The Officer
may require reasonable proof of ownership prior to releasing the animal
to an owner or caretaker in the field.
(a)
If the animal is not to be held pending court proceedings, such
an impoundment shall be considered a care and maintenance impoundment
for the purposes of reclamation.
(2)
A properly trained, equipped, certified, and licensed Animal Control
Officer may humanely euthanize such animal on site if the Officer
deems it necessary.
D.
Running at large. The Animal Control Officer may detain any animal
found running at large, except as otherwise provided for in this chapter.
(1)
If the Animal Control Officer is unable to safely return said animal
to the appropriate owner or caretaker within a reasonable amount of
time, the Officer may deliver the animal to the ASCMV.
E.
Owner relinquish. The Animal Control Officer may detain and deliver
to the ASCMV any animal relinquished by its owner.
(1)
An owner requesting to relinquish ownership of an animal to the Animal
Control Unit or an animal shelter shall be required to complete and
sign a release of ownership at the time of detainment or impoundment.
By signing the release of ownership, the owner shall:
(a)
Affirmatively represent, in writing, that he or she is the legal
owner of the animal;
(b)
Transfer ownership of the animal to the ASCMV or other suitable
entity;
(c)
Direct, in writing, that the animal be placed in the custody
of the ASCMV or other suitable entity for disposition as such agency
or facility sees fit; and
(d)
Agree that he or she will indemnify and hold the Animal Control
Unit and/or the ASCMV or other suitable entity harmless from any loss
or damage he or she may sustain, including attorney's fees, by
reason of the destruction or placement for adoption of said animal.
F.
Cruelty; neglect. An Animal Control Officer or peace officer who
reasonably believes that the life or health of an animal is endangered
due to cruel treatment or neglect shall follow the seizure, notice,
disposition, and cost procedures contained in NMSA 1978, § 30-18-1.1,
1.2, and 1.3, as amended.
G.
Rabies exposure; quarantine. If the Animal Control Officer reasonably
suspects an animal of having bitten a person, the Officer may detain
and deliver the animal to be placed under a quarantine isolation and
observation period at an approved impoundment facility.
(1)
Refer to § 134-5H of this chapter for regulations regarding the isolation and observation period.
(2)
A person owning or having charge, custody, care, or control over
an animal that bites a person shall surrender custody of said animal
to the Animal Control Officer if the Officer deems it necessary to
impound said animal for a quarantine isolation and observation period.
(3)
If the owner refuses to surrender custody of said animal, the Officer
may seek a warrant for the seizure of the animal.
A.
Right to reclaim. The owner of any pet or livestock animal that is
impounded pursuant to this chapter shall have the right to reclaim
the animal from the ASCMV during the allotted reclamation period upon
payment of any and all fees that may be due and payable for the impoundment
of such animal.
(1)
Any animal not reclaimed within the reclamation period shall thereafter
be considered the property of the ASCMV.
(2)
The reclamation period may be interrupted if it is determined by
the staff of the ASCMV that euthanization of the animal is necessary
due to the animal being in severe, acute distress or if the animal
is irremediably suffering.
(3)
The ASCMV shall hold any animal impounded as unrestrained (stray)
without pet identification for a minimum reclamation period of three
working days following impoundment.
(4)
The ASCMV shall hold any animal impounded as unrestrained (stray)
with pet identification for a minimum reclamation period of five working
days following impoundment.
(5)
The ASCMV shall not be required to hold for any minimum reclamation
period any animal that has been relinquished to the ASCMV by its owner.
(6)
The ASCMV shall hold any deceased animal delivered to the ASCMV with
pet identification for a minimum reclamation period of one working
day.
(7)
The ASCMV shall not be required to hold for any minimum reclamation
period any deceased animal delivered to the ASCMV without pet identification.
(8)
The ASCMV shall hold any animal impounded as a care and maintenance
impoundment for a minimum reclamation period of five working days
following impoundment.
(9)
The owner may not reclaim any animal that has been placed under a
court-ordered detainment or has been submitted as evidence with the
ASCMV or other impoundment facility pending court proceedings. Any
animal submitted as evidence shall be accompanied by an evidence chain
of custody worksheet.
(10)
Any animal placed under quarantine shall be held for the full quarantine isolation and observation period before said animal may be reclaimed by the owner, unless a home quarantine is authorized by the Animal Control Officer. Refer to § 134-5H for regulations regarding home quarantine.
(11)
The ASCMV shall not rehome or adopt an animal that has been
relinquished by the owner for a euthanasia request due to the animal(s)
killing or attacking another animal, livestock or a person.
B.
Impoundment fees. Fees for the impoundment and boarding of each animal
shall be established and set by the ASCMV administration unless the
animal is held in the Dona Ana County Court Hold Facility in which
fees shall be established and set by the Dona Ana County Board of
Commissioners.
(1)
Payment of such impoundment fees shall not bar the imposition of
any fine that may be imposed by a court of competent jurisdiction
for the violation of this chapter.
(2)
Additional fees may be included for each day or fraction thereof
of impoundment for feeding and care for such animal.
(3)
The owner of any animal impounded shall be responsible for all fees
associated with such impoundment whether or not the animal is reclaimed.
(4)
All fees associated with such impoundment shall be paid to the ASCMV
or the Dona Ana County Court Hold Facility.
C.
Proof of vaccination. A person reclaiming a dog, cat, canine hybrid,
feline hybrid, or ferret judged to be three months of age or older
by the ASCMV staff and that was seized or apprehended from an address
or location within the County shall provide a current rabies vaccination
certificate for said animal before the animal may be reclaimed from
the ASCMV.
(1)
If a current rabies vaccination certificate is not provided, the
owner shall purchase either a new vaccination or a vaccination voucher
for the animal from the ASCMV before said animal may be reclaimed.
(a)
If the owner chooses to purchase a vaccination voucher, the
owner shall sign an agreement stating he or she will have the animal
vaccinated against rabies within 30 days of reclamation.
(b)
The owner shall subsequently provide the current rabies vaccination
certificate for said animal to the ASCMV within 35 days of reclamation.
(2)
The fees for the rabies vaccination and vaccination voucher shall
be set by and payable to the ASCMV.
D.
Proof of microchip. Proof of a working implanted microchip in a dog,
cat, canine hybrid, feline hybrid, or ferret seized or apprehended
from an address or location within the County and judged to be three
months of age or older by the ASCMV staff shall be obtained by the
ASCMV staff before such animal may be reclaimed.
(1)
Proof of the microchip implantation shall be a scan of the animal
by an ASCMV staff member confirming the presence of a working identification
microchip.
(2)
If proof of a working microchip implantation is not obtained, the
owner shall be charged for microchip implantation by the ASCMV before
the animal may be reclaimed.
(3)
The microchip and corresponding owner contact information shall be
registered with the ASCMV.
(4)
The microchip fee shall be set by and payable to the ASCMV.
E.
Proof of sterilization. A person reclaiming a dog, cat, canine hybrid,
or feline hybrid judged to be six months of age or older by the ASCMV
staff and that was seized or apprehended from an address or location
within the County shall provide proof that said animal has been sterilized
before the animal may be reclaimed if such condition is not readily
obvious to the ASCMV staff.
(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)
If proof of sterilization cannot be provided or such condition is
not readily obvious to the ASCMV staff, the owner shall provide a
sterilization deposit to the ASCMV.
(3)
The owner shall sign an agreement stating he or she will have the
animal sterilized within 30 days of reclamation or will obtain an
intact animal permit from the Animal Control Unit within such time.
Such permits shall not be available for hybrid animals.
(4)
The sterilization deposit shall be reimbursed to the owner upon presentation
of proof of sterilization to the ASCMV by the owner within 35 days
of reclamation.
(5)
The sterilization deposit shall not be reimbursed for obtaining an
intact animal permit.
F.
Release of feral cats. Prior to release of any feral cat, a licensed
veterinarian must establish that the cat has been sterilized, and
is microchipped, vaccinated for rabies, and ear-tipped.
