[Amended 3-13-2014 by Ord. No. 14-04]
This article may be cited as the "County of Otero Genera Ordinance."
[HISTORY: Adopted by the Board of County Commissioners of Otero County as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 170.
STATE LAW REFERENCES
Vaccination of dogs and cats required — See NMSA 1978, § 77-1-3.
Permit to possess exotic or wild animals — See 19.35.7 NMAC.
Searches and seizures — See N.M. Const. Art. II, § 10.
[Adopted 10-18-2007 by Ord. No. 07-06]
A. RELEASE
As used in this article, the following terms shall have the meanings indicated:
The act of setting free to roam at large.
B.
As used herein, the phrase "predatory animals of genera Canis lupus, including Canis lupus baileyi (e.g., Mexican wolf and/or Southwestern wolf), Ursus (e.g., grizzly bear) and Felis (e.g., jaguar)" shall exclude the following: domestic feral cats that have been spayed and returned to the wild.
[Amended 3-13-2014 by Ord. No. 14-04]
[Amended 3-13-2014 by Ord. No. 14-04]
It shall be unlawful to import for release into the wild, or release into the wild, within Otero County or into the adjacent region surrounding Otero County predatory animals of the genera Canis lupus, including Canis lupus baileyi (e.g., Mexican wolf and/or Southwestern wolf), Ursus (e.g., grizzly bear) and Felis (e.g., jaguar).
Any person, firm or entity convicted of a violation of the provisions of § 105-3 of this article shall be deemed guilty of a petty misdemeanor and, upon conviction, shall be punished by a fine of not more than $300 and/or imprisonment of no more than 90 days, or both, for each offense.
[Adopted 12-19-2024 by Ord. No. 24-02[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Animal Control, adopted 12-13-2012 by Ord. No. 12-05.
This article may be cited as the "Otero County Animal Control Ordinance" and is referred to hereinafter as "this article." It is the intent of the Board of County Commissioners that enactment of this article will protect animals from neglect and abuse, will protect residents from annoyance and injury, will encourage responsible ownership of animals as pets, and will assist in providing housing for animals in an animal shelter. It is the intent of the Board of County Commissioners to organize and utilize advisory groups to assist with improving public awareness about subjects pertaining to the enactment of this article.
As stated in this article, the following definitions shall apply unless otherwise specified.
Is when an owner, caretaker or responsible person's intentional act of abdicating reasonable care or control without making effective provisions for its proper feeding, watering, shelter and care on one's premises, or to intentionally dump or leave off any animal on property other than one's own without the consent of the owner of the property where the domestic animal is left and without making provision for the adequate feeding, watering and shelter of the domestic animal. To include leaving animals at the Otero County Animal Shelter without a proper surrender and failure to properly reclaim an animal from the shelter. Abandonment does not include returning a healthy cat to the location where it was trapped after it has been sterilized, vaccinated, and ear-tipped.
Means a person who is 18 years of age or older, who has never been convicted of any form of animal cruelty under any law and in addition has not been convicted two or more times for any violation of this article or its predecessor ordinances, has never had any animal-related permit revoked or suspended, has never failed to reclaim an animal from OCACS, has not surrendered an animal within one year of the time of adoption, and has never been convicted of child or domestic abuse. OCACS has the right to deny any adoption for good cause.
Means the transfer of ownership of an animal impounded at Otero County Animal Shelter to an adopter.
Means a domestic animal in the care of Otero County Animal Control, that the domestic animal is objectively observable as hostile or violent toward humans and other animals when unprovoked according to a comprehensive checklist of observable objective characteristics of the domestic animal compiled by two or more independent observers conducting evaluations at different times and with respect to a domestic animal not in the care of Otero County Animal Control, that the domestic animal is objectively observable as hostile or violent toward humans and animals when unprovoked according to the perspective of any reasonable person objectively observing the domestic animal.
Means sterilized, incapable of reproduction.
Means any living nonhuman mammal, bird, reptile, or amphibian, including, but not limited to, bats, domestic animals, domestic birds, exotic or wild animals, livestock, pigeons, porcupines, poultry, prairie dogs, rabbits, and skunks. For the purpose of this article, insects and arachnids are not included in the definition of "animals."
Means an organized fight between two or more animals, or between a human and an animal, for the purpose of human entertainment, wagering, or sport.
Means equipment that any reasonable person would ascertain is used for animal fighting purposes, which includes, but is not limited to:
Instruments designed to be attached to the leg of a bird, such as a knife, gaff or other sharp instrument; and
Items to train and condition dogs to fight, including, but not limited to, hides or other material used as hanging devices to strengthen or condition dogs, wooden sticks or handles used to pry open dog's jaws, performance enhancing drugs or substances, or food or water additives.
Does not include items used for legal or legitimate training and or activities.
Means a domestic animal that:
Frequently runs at large;
Damages, soils, or defecates on private property other than property possessed or controlled by the animal's owner or on public walks and recreation areas unless such waste is removed and properly disposed of by the companion animal's owner or handler;
Causes unsanitary or dangerous conditions, or noxious, offensive odors;
Causes a disturbance by excessive continuous barking or other noise-making for more than 60 minutes; or
Chases vehicles, or molests, attacks, or interferes with persons or other domestic animals on public property.
Means any establishment that takes temporary possession of an animal from the owner, not on the owner's property, to perform a service for the animal or owner, including, but not limited to, grooming parlors, animal day-care establishments and boarding kennels, but excluding pet stores. "Animal service provider" does not include a licensed veterinarian or an animal shelter or rescue.
Means to bite or scratch.
Means an animal used to train or condition other animals to fight and includes, but is not limited to, living dogs, cats and rabbits exposed to attack by other dogs used or trained to be used in dog fighting or to make the attacking animal more confident and aggressive.
Means reasonable medical care required by a domestic animal, including necessary veterinary care when required to prevent suffering.
Means an actual puncture, tear, or piercing of the skin inflicted by the teeth of an animal. A scratch inflicted by the claws of an animal that results in tearing of flesh will also be treated as a bite for the purposes of quarantine.
Means permitting, either intentionally or unintentionally, a companion female dog or cat to produce offspring.
Means any canine which because of its majority wolf or majority coyote ancestry, cannot be vaccinated against rabies effectively.
Means the domestic animal known as "Felis catus" or more commonly "house cat."
Means any free-roaming cat that may be cared for by one or more residents of an immediate area who is/are known or unknown; a community cat may or may not be feral. Community cats shall be distinguished from other cats by being sterilized, vaccinated and ear tipped; community cats are exempt from licensing, limits, tags, stray and at-large provisions of this article and maybe exempt from other provisions directed toward owned animals.
Means a person who provides care, including food, shelter or medical care to a community cat, while not being considered the owner, custodian, harborer, controller or keeper of a community cat or to have care or charge of a community cat. Caregivers shall make every effort to minimize the impact on local wildlife and feed the proper quantity of food. Community cat caregivers may redeem community cats from the shelter without proof of ownership and are exempt from any charges and/or fees.
Means any person commissioned by the Otero County Sheriff to enforce this article and case-related court orders.
Means an owned domestic animal that is considered to be a pet.
Means detainment or isolation of an animal, securely fenced, kenneled, or caged.
Means the unincorporated areas within the jurisdictional boundaries of the County.
Means the County Manager of Otero County or his/her designated representative(s).
Means a person intentionally killing an animal without lawful justification or mistreating, injuring, maiming, disfiguring, tormenting, torturing, beating, mutilating, burning, scalding, poisoning, attempting to poison or otherwise unnecessarily causing an animal to suffer physical harm. Any of the following is a separate act of cruelty: failing to provide to a domestic animal under that person's custody or control necessary sustenance, adequate shelter, potable water, and palatable nutritious food of an adequate quantity. Cruelty includes taunting an animal, dyeing, or artificially coloring an animal under the age of 12 weeks, leaving an animal in a vehicle when the temperature is at a level as such that it could put the animal's life at risk. Abandonment or neglect of a domestic animal is cruelty. Surgery by a veterinarian is not cruelty but ear cropping, de-barking, or alteration by an individual who is not a veterinarian is cruelty. The application of pesticides or rodenticides in the intended manner and purpose is not cruelty.
Means the possession, control over and responsibility for a domestic animal by a person who may or may not be the owner.
Means a dog that caused a serious injury to a person or domestic animal, unprovoked.
Means a person commissioned by the Sheriff as a Deputy Sheriff employed as a full-time law enforcement officer by the County with the authority to enforce state statutes, regulations, ordinances and local laws.
Means Canis lupis familiaris.
Means a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include animals normally raised for agricultural or commercial purposes.
Means removing approximately 1/4 inch off the tip of a cat's ear in a straight line cut, the universal sign of a sterilized, unowned cat. If these requirements are met, the ear-tipped cat is exempt from licensing, limits, tag, and certain stray and at-large provisions of this chapter and may be exempt from other provisions directed toward owned domestic animals.
Means a parcel of land completely surrounded at the perimeter by a wall or fence of sufficient height and strength to contain animals within, or by an electric or invisible fencing that effectively contains the domestic animal.
Means a nonnative animal of a species that is not commonly kept as a domestic animal. Exotic animals may or may not be native to the area. Exotic animals include, but are not limited to, tigers, lions, cheetahs, leopards, snakes, alligators, and crocodiles.
Means any person or rescue who discovers and temporarily takes possession of a domestic animal that has been separated from its owner.
Means to take temporary custody of any domestic animal with the approval of or at the request of Otero County Animal Services or another animal shelter or humane organization to provide necessary care for the animal. A foster is not an owner of the foster animal, unless the foster adopts the domestic animal.
Means an establishment or part thereof maintained for the purpose of performing cosmetic services for animals, including, but not limited to, bathing, brushing, grooming and nail trimming.
Means a dog that is used to protect commercial property, but excludes a dog used exclusively to guard livestock.
Means to allow stray domestic animals to stay on one's premises for more than 30 consecutive days by feeding them and without making effective provisions as required by this article for their vaccinations and care.
Is one or more individuals, related or not, occupying the premises and/or residing at one street address.
Means a domestic animal that has an affixed license tag, microchip, tattoo or other indication of the owner sufficient for Otero County Animal Services or any other person to contact the owner and, if possible, return the domestic animal or is known to a CSO or other Otero County Animal Control Services employee.
Means the confinement of a domestic animal in a facility designated for the keeping or confinement of such animals.
Means a person who evaluates a dog for aggressive behavior without knowing about the conclusions or observations of another person who has also evaluated the dog. "Independent observer" shall also mean a person who evaluates a dog with no predisposition or prejudice concerning the dog and who is free from influence by any third person desiring any certain outcome.
Means the condition of an animal being physically harmed, disabled, or impaired determined by the reasonable objective observation of wounds, injured limbs, broken bones, or disfiguring lacerations.
Means a dog or a cat that has not been altered.
Means the procedure for receiving, documenting, photographing, physically examining, vaccinating, de-worming and applying parasite prevention to domestic animals that arrive at Otero County Animal Services, and includes all activities between the time of arrival and the time the animal is put in the enclosure where it will be housed while at Otero County Animal Services. The intake procedure is not required for healthy cats eligible for a community cat program, and the cats can be immediately altered, ear-tipped, vaccinated, and returned to the location where they were found.
Means a commercial establishment operating where dogs or cats are boarded, kept, or maintained; or sold or bred for resale to commercial outlets.
Means one or more sibling offspring domestic animal under six months old.
Means horses, cattle, llamas, pigs, sheep, goats, rabbits, fowl, ratites, or any other domestic animals typically used in the production of food, fiber, or other products or agricultural. Livestock are exempt from this article unless specifically addressed as applies to this article.
Means a passive electronic device that is injected into an animal by means of a hypodermic-type syringe device. Each microchip shall contain a unique and original number that is read by an electronic scanning device for purposes of animal identification and recovery by the animal's owners or caretaker.
Means an electronic scanner with an operating frequency that is able to detect a microchip that has been implanted in an animal and displays the number of the microchip to its operator.
Means the Deputies/Community Service Officers enforcing this article, and shelter staff responsible for the implementation of the control and care of domestic stray animals in the County.
Means the relinquishment by the owner of all rights in and to a domestic animal to Otero County Animal Control Services.
Means a person 18 years of age or older or the parent or guardian of a person under 18 years of age, group of persons, governmental entity or business entity who owns, harbors, keeps a domestic animal, has one in his care, or permits any domestic animal to remain on or about the premises owned or controlled by him.
Means exotic or wild animals, the ownership of which does not violate County, state or federal laws.
Means a document evidencing approval by the County to conduct a certain activity or possess a certain animal.
Means a qualified person to whom a valid permit has been provided.
Means an individual, household, firm, partnership, corporation, company, society, association or legal entity, and every officer, agent or employee thereof.
Means any premises, or part thereof, open to the public which engages in the purchase, sale, exchange or hire of animals of any type, except the term shall not apply to animal shelters, rescues or premises used exclusively for the sale of livestock.
Means any bird that is kept as a pet or any bird that is commonly used by humans for eggs or meat. Domestic birds are pets and are not considered poultry in this article.
Means a parcel of land and the structures thereon.
Means any documentation or evidence which proves to the satisfaction of the OCACS that a person is the owner of an animal, including, but not limited to, a microchip identification, veterinarian invoice, official registration, affidavits or photographs of the animal.
Means the temporary control over and care of a domestic animal at OCACS for a minimum of three days.
Means detention or isolation of an animal at home, in an animal shelter, or veterinary or boarding facility in order to observe for rabies.
Means a rabies-susceptible animal (usually dogs) which presents with any of the following signs at time of exposure or within 10 days following exposure: unprovoked aggression (biting people or animals or inanimate objects), hypersalivation, paralysis, lethargy, abnormal vocalization, or diurnal activity of nocturnal species. Any such animal is subject to state regulation and statutes.
Means inoculation with an anti-rabies vaccine recognized and approved by the State of New Mexico and given in an amount sufficient to provide immunity from rabies for a minimum of one year.
Means the retrieval of a domestic animal from the animal shelter by its owner or responsible person, or community cat caregiver.
Means those groups or individuals for the purpose of adopting or transferring ownership of animals from OCACS at a reduced rate in order to increase the chance of adoption or provide needed medical, grooming, behavioral or rehabilitative services in order to facilitate the successful adoptions of animals.
Means keeping any companion animal under the immediate control of a responsible person on a leash or lead.
Means being on private or public property other than that belonging to, occupied by, or controlled by the owner of the domestic animal and the domestic animal is not under the physical control of the owner or not obedient to the owner's commands.
Means a house or building in which an animal is being restricted or quarantined that will prevent the animal, including a guard dog, from being able to escape.
Means a visible protective or confining barrier that prevents any animal, including guard dogs, from escaping the property on which the animal is being restricted. The secure fence shall also reasonably protect the animal within the fence from other animals or people coming into contact with the restrained animal. This includes a dog run type structure.
Means to take custody of an animal with or without notice to the owner or the consent of the owner. Exigent circumstances must exist if an animal is taken into custody without notice to the owner or the consent of the owner.
Means a nonprofit animal facility operated by a local public body or member of a nonprofit animal humane association for the purpose of bringing aid and comfort to 10 or more dogs or cats, and where animals are not bred.
Means the Otero County Sheriff or his/her designee.
Means a fee that may be charged by the animal shelter when a person reclaims, adopts, or rescues an unsterilized animal.
Means to be rendered permanently incapable of reproduction.
Means a domestic animal found running at large with the exception of community cats.
Means the relinquishment of ownership or custody of an animal to Otero County Animal Control Services by the owner or finder of the animal.
Means the Otero County Animal Control Services form that an owner or finder executes in order to relinquish an animal to Otero County Animal Control Services. OCACS will manage intake and only accept owner surrenders if shelter capacity allows, unless the relinquishment is because of an emergency such as an eviction, or death.
Means an indelible mark placed on an animal to serve as permanent identification.
Means confining an animal when unattended by an individual with a tether, rope, chain, or other device to a doghouse, stake, tree, structure or other stationary object.
Means a domestic animal without identification or that has insufficient identification to allow OCAS to determine the owner's identity with the exception of community cats.
Means to administer a vaccine to an animal, including, but not limited to, rabies, distemper, parvo, parainfluenza 2, or Bordetella and other vaccines deemed necessary from time to time by the County Animal Control Services, or veterinarian.
Means any animal that, without provocation, attacks, bites, seriously injures or kills a person or other animal.
Means any animal under the jurisdiction of the New Mexico Department of Game and Fish.
A.
Animal vaccinations.
(1)
In accordance with NMSA 1978, § 77-1-3, No person shall keep, own, or harbor any member of the canine or feline species over 12 weeks of age within this County unless that dog or cat is vaccinated against rabies. Every such dog or cat shall be vaccinated against rabies within 30 days upon any person harboring, owning, or taking custody of said animal. Upon request or demand by the Sheriff or his designee, every owner shall provide proof of the animal's rabies vaccination. Any veterinarian who vaccinates domestic animals for rabies shall issue a serially numbered tag and certificate for each vaccination. Each domestic animal must be revaccinated before the expiration of the first and each subsequent rabies vaccination period.
(2)
No person may keep any domestic animal with any symptom of rabies. Any person observing an animal with any symptom of rabies shall notify the Community Service Officer or the Otero County Sheriff's Department immediately.
B.
Sterilization.
(1)
Sterilization is required for dogs and cats over the age of six months unless an owner obtains an intact permit or medical waiver.
(2)
Every dog or cat reclaimed, adopted or rescued from the County animal control shelter shall be spayed or neutered by a licensed veterinarian at the expense of the responsible party or obtain an intact animal permit.
C.
Sterilization agreement and deposit required. A sterilization agreement and sterilization deposit are required.
(1)
No animal shall be released from an animal shelter to an adopting person unless a sterilization agreement has been signed and sterilization deposit has been paid.
(2)
In addition to any adoption fee charged, a sterilization deposit shall be imposed on the adoption of each unsterilized companion animal from an animal shelter in an amount adopted by resolution by the Board of County Commissioners each year.
(3)
Companion animals less than six months of age shall be released only upon payment of the adoption fee and a sterilization deposit, if the companion animal is not sterilized, and after the adopting person has signed an agreement stating he will have the adopted animal sterilized when it is no older than six months of age.
(4)
Adult unsterilized animals over the age of six months shall be released only upon payment of the adoption fee and a sterilization deposit and after the adopting person has signed an agreement stating they will have the animal sterilized within 30 days of the date of adoption.
(5)
The sterilization deposit shall be reimbursed only upon presentation of a receipt from a veterinarian that the adopted animal has been sterilized.
(6)
An unsterilized animal reclaimed by its owner shall be released without being sterilized upon payment of the sterilization deposit and impoundment fees imposed by the shelter, and the owner shall sign an agreement stating he will sterilize the animal within 30 days after release or will obtain a breeder permit or its equivalent. The sterilization deposit shall be reimbursed upon presentation by the owner of a receipt from a veterinarian that the animal has been sterilized. These fees shall be adopted by resolution by the Board of County Commissioners each year.
D.
Chaining or tethering of animals. A rope, chain, or other device may be used to tether a dog or other domestic animal on one's property, provided the following criteria are met:
(1)
The device must be affixed to the animal by use of a nonabrasive, comfortably fitted collar or harness.
(2)
The device must be at least 10 feet long. The device must be fastened so the animal can sit, walk, and lie down comfortably; and must be unobstructed by objects that may cause the device or animal to become entangled or strangled. Any chain or tether shall have swivels on both ends.
(3)
The domestic animal must have easy access to adequate shade, shelter, food and potable water.
(4)
Tethering an animal must be done humanely as not to cause behavioral or physical changes and/or cruelty to the animal. No chain or tether shall weigh more than 1/8 of the dog's weight.
(5)
The area where the animal is confined must be kept free of garbage and other debris that might endanger the animal's health or safety. Feces shall not be allowed to accumulate and shall be cleaned up by the owner.
(6)
The area where the animal is confined must be kept free of insect infestation, such as ant hills, wasps' nests, and flea, tick and maggot infestations.
(7)
Nothing in this section shall be construed as allowing any animal under physical restraint to commit any act defined as unlawful in this article.
(8)
A person who uses electric or invisible fencing designed to confine an animal to his property must clearly post a notice in two separate locations upon the property that such a device is in use.
E.
Animal identification. All dogs and cats that are impounded as strays shall be required to have microchips implanted within 60 days when reclaimed by their owner, adopted, or rescued. Animal identification through microchips and/or tags are encouraged as a means of returning lost or stray animals to their owners, as is registration of the animal's description, owner's name, address, and telephone number, with veterinarians or a national registry. All community cats eligible for a trap, neuter, vaccinate, return program shall be microchipped.
F.
Care and maintenance of domestic animals.
(1)
It is unlawful for a person to fail, refuse and/or neglect to provide any animal in his charge or custody with such care and husbandry as to maintain the good health and well-being of the domestic animal. Such care and husbandry shall include, but not be limited to, adequate wholesome food, provided daily, fresh potable water, available at all times, clean adequate living area, shade, professional veterinary care and necessary grooming.
(2)
To maintain good health and protection from weather elements, any domestic animal, except livestock, that is routinely kept outside shall be provided with a structurally sound, weatherproof enclosure, large enough to accommodate the animal comfortably.
G.
Animal waste. The owner or keeper of companion animals shall maintain a watertight and flytight receptacle for feces from such animals which shall be emptied frequently and in such a manner to prevent a nuisance or health hazard. Such receptacles shall be securely covered at all times except when opened to deposit feces. No feces will be allowed to accumulate except in such receptacles.
A.
Domestic animals biting persons.
(1)
The owner of an animal that bites a person and a person bitten by an animal has a duty to report that occurrence to the Otero County Sheriff's Office within 24 hours of the occurrence. The owner of an animal that bites a person shall surrender said animal to an animal services officer if the animal does not have a current rabies vaccination and the officer deems it necessary to impound said animal for a period of observation.
(2)
Medical professionals who render treatments to person(s) bitten by an animal shall report to the Sheriff or designee that they have rendered professional treatment within 24 hours of their first professional attendance. The medical professional shall report the name and address of the person bitten as well as the type and location of the bite. The medical professional shall report the name and address of the owner of the animal that inflicted the bite, if known, and any other facts or details that may assist the Otero County Sheriff's Office in ascertaining the immunization status of the animal.
(3)
An animal that bites a person shall be confined securely at a place and for a period of time deemed necessary by the Community Service Officer. The owner of the animal shall bear the cost of confinement.
(4)
The Community Service Officer may impound the animal into protective custody for the period of the quarantine and the owner shall pay all related costs of the impoundment prior to reclaiming the animal.
(5)
The Community Service Officer may allow confinement of the animal on the owner's premises. The premises where the home confinement is to occur shall be inspected and approved for such purpose by the Community Service Officer. The owner of the animal shall be required to enter into an indemnity agreement on a form approved and prescribed by the County Commission for such confinement.
(6)
An animal that bites a person shall be confined securely at home, a veterinary facility, a kennel, or animal shelter for a period of 10 days.
(7)
If the animal shows signs of sickness or abnormal behavior, or if the animal escapes confinement, the person shall immediately notify the Otero County Sheriff's Office.
(8)
The person having custody of an animal that dies during the quarantine period shall notify the Otero County Sheriff's Office and surrender the carcass of the animal immediately to an Community Service Officer.
B.
Abandonment. It is unlawful for a person to intentionally abandon a domestic animal.
C.
Animal nuisances.
(1)
It is unlawful for a person to allow a domestic animal to persistently or continuously bark, howl or make noise common to their species or otherwise disturb the peace and quiet of inhabitants of the County for an extended period of time without provocation or justification.
(2)
No person may keep any domestic animals and/or livestock in unclean or unsanitary conditions or in such numbers so as to result in noxious or offensive odors or accumulations of feces, urine or other bodily wastes that disturb others.
(3)
No owner or responsible person of any domestic animal shall allow that animal to repeatedly defecate upon public property or upon any private property other than the property of the owner of the animal without removing and disposing of the feces.
(4)
A community cat that disturbs the peace by habitually or repeatedly destroying, desecrating, or soiling public or private property may constitute a public nuisance based on the Community Service Officer's discretion and determination.
(5)
Community service officers may investigate an alleged violation of this section upon their observation of a potential violation or upon receipt of two sworn complaints in a form provided by Community Service Officers, signed by two unrelated County residents living in separate dwellings within a mile of the alleged violation. The affidavit shall specify the address or location of the alleged violation, the nature, time and date(s) of the act, the name and address of the owner or custodian, if known, and a description of the animal, if known. If, upon investigation, a Community Service Officer determines the owners have taken reasonable abatement measures to resolve or mitigate the nuisance behavior, then the Community Service Officer can consider the matter resolved.
D.
Domestic animals running at large.
(1)
It is unlawful for an owner to allow or permit any domestic animal to run at large in or on any alley, street, sidewalk, vacant lot, public property, other unenclosed place in the County, or private property without permission of the property owner. This does not apply to one's private property with one's own animals.
(2)
A domestic animal permitted to run at large in violation of this section is declared to be a nuisance and a menace to the public health and safety. Such animal may be returned or impounded. A Deputy or Community Service Officer may not enter a private building or residence in pursuit of an animal without permission/consent of the owner or exigent circumstances.
(3)
A working dog performing such acts as herding or search and rescue that is under the control and supervision of the owner or handler shall not be considered as unleashed while performing or being trained for its duties. A hunting, obedience, tracking or show dog that is under the control and supervision of the owner or handler shall not be considered as unleashed while performing in or being trained for those capacities.
E.
Animals transported in vehicles.
(1)
It is unlawful for a person to carry an animal in or upon any vehicle in a reckless or unsafe manner. Whether a condition is unsafe or reckless is to be determined by a Community Service Officer or deputy taking into account the culture, customs, and traditions of the County.
(2)
If a Community Service Officer or deputy determines that an animal in a closed vehicle is in immediate danger or serious injury or death, the officer based on the exigent circumstances may enter the vehicle, by whatever means necessary, and impound the animal into protective custody.
F.
Cruelty to animals; extreme cruelty to animals.
(4)
The provisions of this section do not apply to:
(a)
Fishing, hunting, falconry, taking and trapping, as provided in Chapter 17 NMSA 1978;
(b)
The practice of veterinary medicine, as provided in Chapter 61, Article 14 NMSA 1978;
(c)
Rodent or pest control, as provided in Chapter 77, Article 15 NMSA 1978;
(d)
The treatment of livestock and other animals used on farms and ranches for the production of food, fiber or other agricultural products, when the treatment is in accordance with commonly accepted agricultural animal husbandry practices;
(e)
The use of commonly accepted Mexican and American rodeo practices, unless otherwise prohibited by law;
(f)
Research facilities licensed pursuant to the provisions of 7 U.S.C. § 2136, except when knowingly operating outside provisions, governing the treatment of animals, of a research or maintenance protocol approved by the institutional animal care and use committee of the facility; or
(g)
Other similar activities not otherwise prohibited by law.
G.
Vicious or dangerous animals.
(1)
It shall be unlawful to maintain or harbor a vicious/dangerous animal in a manner which constitutes a threat to any person or other animal. All vicious/dangerous animals must be securely confined in escape-proof locked structures and the owner must post warning signs warning people to remain a safe distance from said animals. Any person attacked by a vicious/dangerous animal may use reasonable force to repel the attack. Any animal services officer who determines that the present conditions of confinement for a vicious/dangerous animal do not meet the above standards and that a present substantial danger to the public exists may, consistent with the constitutional rights of the owner, take control of said animal and confine it in a humane and safe cage, pending further court action.
(2)
It is unlawful for any person to keep or harbor a vicious animal. When a Community Service Officer has probable cause to believe that an animal is vicious, the officer may, consistent with the constitutional rights of the owner, impound the animal into protective custody awaiting appropriate court proceedings. Following judicial determination that an animal is vicious, the court having jurisdiction over the enforcement of this article shall, in addition to any fine or imprisonment imposed for violation of this section, order the owner or keeper of such vicious animal to destroy it humanely or turn such animal over to the Sheriff or his designee for destruction.
(3)
A Community Service Officer or Sheriff's deputy who learns of a stray vicious or dangerous animal within the County which is a threat or potential threat to human life is authorized to destroy said stray vicious animal if he is unable to capture said animal without any substantial danger to themselves or others.
H.
Unlawful use of vaccination certificates. No person may remove any vaccination tag from one domestic animal to another, or manufacture or cause to be manufactured or to possess or control a stolen, counterfeit or forged animal vaccination certificate or tag.
A.
Sale, purchase, trade and possession.
(1)
The sale, purchase, trade, and possession of exotic or wild animals shall be done in accordance with federal and state laws and regulations.
(2)
No person shall own, harbor or keep any species in violation of federal or New Mexico law.
(3)
Otero County residents shall adhere to regulation 19.35.7 NMAC and obtain a permit from the New Mexico Department of Game and Fish in order to possess an exotic or wild animal. Any Otero County resident that receives New Mexico Department of Game and Fish approval to possess an exotic or wild animal shall provide a copy of their application and permit to Otero County Sheriff's Office upon request.
(4)
This article 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.
B.
Transporting exotic animals. Exotic animals must be confined in a closed, locked vehicle or trailer to prevent opportunities for escape and in a manner sufficient to prevent children from coming into contact with the animal through an open window in the vehicle.
C.
Procedure when exotic animals run at large.
(1)
Owners must notify the authorities of the escape of an exotic animal that poses a threat to people, pets, or the environment immediately after the escape is discovered.
(2)
Depending on the circumstances of the escape and the threat posed, the exotic animal may be returned to the owner, held until the facility passes inspection, or confiscated or killed.
A.
Permits.
(1)
Intact animal permits allow for a responsible person to keep an animal intact for a period of one year from issue date.
(2)
Animal services permits will be automatically revoked and the domestic animal will be required to be altered. If an intact animal is impounded a second time and must therefore be altered, the permit holder shall pay Otero County Animal Shelter to alter the domestic animal.
B.
Permit renewals.
(1)
An application for the renewal of a permit shall be filed with Otero County Animal Shelter not less than 30 days before the date the permit expires.
(2)
The application and fees for permit renewals shall be the same as those for new applications.
(3)
Failure to renew a permit as specified shall result in the expiration of the permit. In addition to the renewal fee, the County may charge a late fee.
C.
Medical waiver certificate.
(1)
If alteration of a domestic animal would endanger the health of the domestic animal due to age or illness, a veterinarian may complete a medical waiver certificate stating the reasons why the domestic animal should not be altered and when the animal can be well enough to be sterilized.
(2)
The medical waiver certificate must include a description of the domestic animal, including the permanent identification number.
D.
Agreements. The animal shelter shall not release any impounded domestic animal for reclaim, adoption, transfer, return or rescue unless the owner or responsible person signs a reclaim, adoption and rescue agreement, the form of which shall be titled "Appendix A" and shall be adopted by the Board of County Commissioners of Otero County in a resolution separate from this article. In accordance with § 105-7A, B and C of this article, the reclaim/adoption/rescue agreement shall:
(1)
Obligate the reclaiming/adopting/rescuing person to vaccinate any animal not proven to be vaccinated for rabies; and
(2)
Obligate the reclaiming/adopting/rescuing person to have a domestic animal older than six months of age sterilized within 30 days of the date of reclaim/adoption/rescue or obtain an intact permit.
E.
Fees. Fees for licenses and permits required pursuant to this article shall be established and adopted annually through resolution by the Board of County Commissioners.
A.
Authority of the Community Service Officer. Community service officers shall have the following authority:
(1)
To obtain a warrant, enter premises under exigent circumstances, or request permission to enter premises without a warrant.
(2)
To require responsible persons to exhibit proof of rabies vaccination for any domestic animal in their custody.
(3)
To enter upon private property to affix any summons, notice or official document upon the door of any residence occupied by a responsible person.
(4)
To enter upon any premises or go upon unenclosed parcels of land, enter any pen, enclosure, yard, or vehicle to enforce this article. However, the officer must personally view any violation proscribed by this article that would place a domestic animal or person in immediate peril. Furthermore, the officer may enter only to the extent necessary for the immediate rescue of an imperiled animal or person.
(5)
Community service officers may not enter any building, dwelling or place of business without the permission of the owner or in the case of exigent circumstances. However, nothing in this section limits the authority of a Community Service Officer pursuant to a warrant issued by a court of competent jurisdiction.
B.
Responsibilities of the Community Service Officer.
(1)
Deputies or Community Service Officers, when feasible, should make every effort to return any domestic animal to its owner that he or she finds running astray and not under the control of the owner or responsible person, or may impound the domestic animal if the owner cannot be located. Healthy community cats shall not be impounded unless they constitute a nuisance pursuant § 105-8C(4) or are injured.
(2)
Deputies or Community Service Officers may destroy any dog they find in the act of wounding livestock or wounding and killing poultry or attacking humans.
(3)
Deputies or Community Service Officers shall detain any domestic animal exhibiting symptoms of rabies. The Community Service Officer shall have any such animal tested for rabies by the New Mexico Department of Health.
C.
Impounding animals.
(1)
A Community Service Officer may detain and impound in the designated animal control services facility a stray or any domestic animal kept or maintained contrary to the requirements of this article.
(a)
If a stray, domestic animal is wearing a license, collar, anti-rabies tag, has an identifying tattoo, microchip or is otherwise identifiable, and the animal cannot be returned home by the Community Service Officer, the animal shall be impounded for at least three days. During the three days of impoundment, the animal shelter shall attempt, at least once daily, to notify the animal's owner(s) or responsible person(s) of the impoundment by either direct communication or oral or written message. Further, the animal shelter shall not release the animal for adoption or transfer during the three days of impoundment.
(b)
If an owner or responsible person contacts the animal shelter before expiration of the impoundment period but cannot arrange to reclaim the animal before the impoundment period expires, the animal shelter shall assist the owner or responsible person in making alternative arrangements, at the owner's or responsible person's expense.
(c)
The owner or responsible person shall be responsible for all impound fees, boarding fees, and other costs, whether or not the animal is reclaimed.
(d)
Any stray which is not reclaimed and cannot be adopted, transferred, or returned may be euthanized in accordance with the impound facility's regulations.
(e)
The animal may be confined in accordance with the facility's regulations.
(2)
The directors of such facility shall maintain, as required by statute, a record of all animals impounded. At least the following information shall be included:
(3)
Owners desiring to surrender an animal shall be required to sign an owner's release at the time of impoundment and pay applicable surrender fees.
(4)
If a stray animal is not wearing a current rabies tag or microchipped and is deemed critically injured or critically ill by an Community Service Officer, the officer may deliver the animal to the Otero County Animal Shelter for euthanasia or treatment when possible. A report must be filed with the Sheriff. A properly trained and equipped animal services officer may euthanize said animal if he/she believes it's necessary for safety or to alleviate unnecessary suffering.
(5)
Whenever a Community Service Officer learns that any domestic animal is or will be without adequate care because of injury, illness, incarceration or other absence of the owner or person responsible for the care of such animal, a Deputy or Community Service Officer arrange for protective care of the animal. If the protective care results in use of the shelter, the owner of the animal may reclaim the animal after paying all required fees and costs imposed by the impound facility. If the animal is unclaimed at the end of the protective custody period, the animal may be processed like any other animal in the facility. The length of the protective custody is dependent on each individual situation, and shelter and County staff will employ all means available to work with the owner to find alternative care and custody solutions based on the situation.
(6)
The owner of any impounded dog or cat that has not been vaccinated as required by this article may reclaim the animal by paying for the rabies vaccination plus impoundment charges fees at the animal shelter. The owner will be provided with a voucher to obtain a rabies vaccination shot at the veterinarian contracted with the animal shelter. The owner will be allowed 96 hours to get such animal scheduled for vaccination. At any point thereafter, the owner must be able to present a certificate of vaccination or scheduled appointment; otherwise, the animal will be impounded again and subject to all fees.
A.
Procedure for complaints. A complaint alleging any violation of this article may be filed with the Sheriff's Office 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 Sheriff or his designee shall require the complainant to provide his name and address and swear to and affirm the complaint.
B.
Procedure for Sheriff and Community Service Officers.
(1)
The Sheriff or his deputies shall have the authority and are directed to investigate a report of any alleged violation of this article or of any law of the State of New Mexico relating to the care, treatment, control and prevention of cruelty to animals.
(2)
In enforcing this article, the County's personnel shall observe all of the legal rights granted its citizens under United States and New Mexico law, including citizens' constitutional rights against unreasonable searches and seizures. All such searches and seizures shall be conducted in such a manner as to protect the citizens' rights under the Fourth Amendment to the United States Constitution and Article II, Section 10 of the New Mexico Constitution. These protections require that the officer have consent of the person, or a warrant to enter upon private property or that such entry be in accordance with a recognized exception to the warrant requirement. If an officer receives a complaint of a violation, or observes a violation, he/she may only enter the property if such entries are done in conformance with the above constitutional requirements. Where legally recognized exigent circumstances exist to justify such an entry and a warrant cannot reasonably be obtained by the officer, he/she can enter the premises to the extent justified by law. For example, exigent circumstances exist where a domestic animal appears to have been abandoned, as defined in this article, and the officer reasonably believes it is necessary to protect the life and safety of the animal; the officer may enter the property to take custody of the animal.
(3)
Whenever a deputy or a Community Service Officer has probable cause to believe that a person has violated this article, they may prepare either a warning, citation or a criminal complaint to be filed with the appropriate court or prepare a citation for the alleged violator to appear in court.
A.
Repeal of prior ordinances. All other ordinances of this County pertaining to animal services and specifically 95-08 are hereby repealed by the adoption of this article. Additionally, if any part of this article is held to be invalid, such shall be deemed severed and shall not void any remaining sections of this article.
B.
Severability. If any section, paragraph, sentence, clause, word or phrase of this article is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this article. The commission hereby declares that it would have passed this article and each division, section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.