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ARTICLE 2: ANIMAL CONTROL

Part 1: General Provisions
9-2-1-1 Short title and legislative intent
9-2-1-2 Definitions
9-2-1-3 Administration
9-2-1-4 Animal control center; impounding procedures
9-2-1-5 Perjury
9-2-1-99 Penalty

Part 2: Owner's Duties
9-2-2-1 Anti-rabies vaccinations
9-2-2-2 Rabid animal or animal biting a person
9-2-2-3 Restraint of animals
9-2-2-4 Female dogs or cats in heat to be confined
9-2-2-5 Licensing; anti-rabies vaccinations and licensing by veterinarians
9-2-2-6 Litter fee; display of hobby breeder permit

Part 3: Prohibited Activities
9-2-3-1 Number of dogs, cats, wolves and coyotes allowed
9-2-3-2 Animals running at large
9-2-3-3 Animals on unenclosed premises
9-2-3-4 Enclosure for breeding animals
9-2-3-5 Vicious animals
9-2-3-6 Dangerous animal
9-2-3-7 Animals disturbing the peace
9-2-3-8 Animal nuisance; defecation; cleanup
9-2-3-9 Unlawful use of rabies vaccination certificate or license tags
9-2-3-10 Unlawful retention of stray animals
9-2-3-11 Interference with the mayor in the performance of his duties
9-2-3-12 Unauthorized removal of animals by individuals
9-2-3-13 Cruelty to animals prohibited
9-2-3-14 Care and maintenance
9-2-3-15 Restraint devices
9-2-3-16 Abandonment of animals
9-2-3-17 Animal poisoning and trapping
9-2-3-18 Uncared for animals; protective custody
9-2-3-19 Injury to animals by motorists
9-2-3-20 Hobbling livestock
9-2-3-21 Keeping sick or diseased animals
9-2-3-22 Animal fights
9-2-3-23 Bird impounding; crating
9-2-3-24 Song birds; killing and robbing of nest prohibited
9-2-3-25 Sale or gift of animals
Part 4: Permitted Premises; Regulations; Licenses
9-2-4-1 Permit required
9-2-4-2 Permit applications
9-2-4-3 Permit approval
9-2-4-4 Permit requirements; expiration; renewal
9-2-4-5 Facilities and care standards
9-2-4-6 Access to permitted premises
9-2-4-7 Exotic or wild animals
9-2-4-8 Animal exhibits
9-2-4-9 Guard dog facilities
9-2-4-10 Suspensions, revocations of permits
9-2-4-11 Appeal procedures for permit denial, suspension or revocation
9-2-4-12 License and permit fees
9-2-4-13 Annual fee adjustment

(A)This article shall be known and may be cited as the "Albuquerque Animal Control Ordinance."
(B)It is the intent of the City Council 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, will assist in providing housing for animals in a control center and will partially finance the Animal Control Center's functions of housing, licensing, enforcement, and recovery.
('74 Code, § 6-2-1)  (Ord. 40-1987; Am. Ord. 33-1992)

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANIMAL. A vertebrate member of the animal kingdom other than humans.

ANIMAL EXHIBIT. A traveling animal show, petting zoo, circus, pony ride, animal act or any premises or activity operated for the purposes of showing any animal.

ANIMAL CONTROL CENTER or CENTER.  A pound, lot, premises or building maintained by the city for the care and custody of animals.

ANTI-ESCAPE DEVICE.  Housing, fencing or other device which prevents a guard dog from leaving protected property.

BITE.  A puncture or tear of the skin of a human or animal inflicted by the teeth of an animal.

COLLECTION.  The specific animals listed on the exotic animal permit.

COMMERCIAL PROPERTY.

(1)Land or buildings zoned for or used for business purposes including temporary sites; or
(2)Vehicles used for business purposes within the city.


DANGEROUS ANIMAL.  Any of the following:

(1)An animal which, when unprovoked, engages in behavior that requires a defensive action by a person to prevent bodily injury to a person or animal when the person and the animal are off the property of the owner of the animal; or
(2)An animal which, when unprovoked, injures a person but the injury does not result in muscle tears or disfiguring lacerations, or require multiple sutures, or corrective or cosmetic surgery; or
(3)An animal which, because of its poisonous bite or sting, would constitute a significant hazard to the public.


ENCLOSED LOT.  Land surrounded by a wall, fence or barrier.

ESTABLISHMENT.  A place of business together with its grounds and equipment.

EXOTIC or WILD ANIMALS.  Animals not normally considered domesticated, and shall include, but not be limited to:

(1)Class Reptilia.  Order Phidia (such as, but not limited to, racers, boas, water snakes and pythons) and Order Loricate (such as, but not limited to, alligators, caymans and crocodiles).
(2)Class Aves.  Order Falconiforms (such as, but not limited to, hawks, eagles and vultures) and Subdivision Ratitae (such as, but not limited to, ostriches, rheas, cassowaries and emus).  Not included are small caged birds such as parakeets, canaries, love birds and finches.
(3)Class Mammalia.
Order Carnivora;
Family  Felidae (such as, but not limited to, ocelots, lions, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats; the
Family Canidae (such as, but not limited to, wolves, dingos, coyotes, jackals and hybrids produced by breeding these canids with domesticated dogs), except domesticated dogs;
Family Mustelidae (such as, but not limited to, weasels, martins, minks, badgers and ferrets);
Family Procynnidae (such as, but not limited to, raccoon);
Family Ursidae (such as, but not limited to, bears); and
Order Marsupialia, (such as, but not limited to, kangaroos and common opossums);
Order Edentata (such as, but not limited to, sloths, anteaters and armadillos);
Order Proposcidae (elephants);
Order Primata (such as, but not limited to, monkeys, chimpanzees and gorillas);
Order Rodenta (such as, but not limited to, porcupines); and
Order Ungulata (such as, but not limited to, antelope, deer, bison, camels and hybrids produced by breeding these ungulate animals).


FECES.  Excrement and other waste matter discharged from the bowels of an animal.

GROOMING PARLOR.  An establishment maintained for the purposes of performing cosmetological services for animals.

GUARD DOG.  A dog that is used to protect commercial property.

GUARD DOG SITE.  A premises utilizing a guard dog, and which has a current guard dog permit.

HANDLER. A person who is responsible for controlling the actions of a guard dog.

HEAT or SEASON.  A regularly recurring state of estrus during which the female animal is capable of attracting or accepting the male for breeding or is capable of conceiving.

HOBBY BREEDER.  A person involved in showing or controlled breeding of dogs and cats which are registered with a nationally or internationally recognized animal registry organization.

HOUSEHOLD.  A social or family unit comprised of those living in the same dwelling or on the same premises.

HYBRID.  An animal created by breeding animals of different species.  For purposes of this article, it includes, but is not limited to the hybrid offspring of domesticated dogs and wolves, or domesticated dogs and coyotes.

INTACT ANIMAL.  An animal that has not been neutered or spayed.

KENNEL.  An establishment where animals are boarded, kept or maintained, except guard dog sites, state inspected veterinary hospitals, pet shops, grooming parlors, refuges and shelters.

LICENSED VETERINARIAN or VETERINARIAN.  A Doctor of Veterinary Medicine licensed to practice in the State of New Mexico.

LIVESTOCK.  Cattle, horses, mules, donkeys, swine, sheep or goats.

MAYOR.  The Mayor of the city or his or her designated representatives(s).

MULTIPLE ANIMAL SITE.  A premises at which more than four neutered or spayed dogs or cats, in any combination, are kept, and which has a current multiple animal permit.

NUISANCE.  This term means, but is not limited to defecation, urination, disturbing the peace, emitting noxious or offensive odors, or otherwise endangering or offending the well being of the inhabitants of the city.

OWNER.  An owner is a person who, for more than 14 days, owns, harbors, keeps, knowingly causes or knowingly allows an animal to be harbored or kept, has an animal in his care, has assumed ownership responsibility or who represents the owner, or has allowed a stray animal to remain on property owned, leased or controlled by him.

PERMITTED PREMISES.  The establishment, household, property or site for which a valid permit has been issued by the Mayor for use as a kennel, grooming parlor, pet shop, refuge, shelter, hobby breeder site, animal exhibit site, exotic or wild animal site, multiple animal site or premises where guard dogs are on duty.

PERSON.  An individual, household, firm, partnership, corporation, company, society, association or legal entity, and every officer, agent or employee thereof.

PERSON IN CHARGE.  For the purpose of inspections, means the individual present in an establishment who is the apparent supervisor of the establishment at the time of inspection.  If no individual is the apparent supervisor, then any employee present shall be considered the person in charge.

PET SHOP.  An establishment or premises maintained for the purchase, sale, exchange or hire of animals except livestock.

QUARANTINE.  The detaining and isolation of an animal suspected of contagion.

RABIES TAG.  The tag supplied solely by Albuquerque Animal Control which documents anti-rabies vaccination number and year and city license number and year, if any.

REFUGE.  An establishment owned or operated by a nonprofit organization whose sole function is to aid and comfort more than four but no more than 12 animals.

SERVICE ANIMAL.  An animal trained by a certified guide dog school to lead blind persons; an animal trained by a certified hearing ear dog school to aid hearing impaired  persons, or an animal approved by an institution or program approved by the Mayor, including the Vocational Rehabilitation Division of the New Mexico Department of Public Education to assist a mobility-impaired person.

SHELTER.  The Center and an establishment owned and operated by a nonprofit organization whose sole function is to aid and comfort more than 12 animals.

STRAY.  An animal which is not physically restrained or controlled and is beyond the boundaries of the premises of the owner.

VACCINATION.  Inoculation with an anti-rabies vaccine recognized and approved by the State of New Mexico, given in an amount sufficient to provide immunity from rabies for a minimum of one year.

VICIOUS ANIMAL.  Any animal which kills or severely injures (so as to result in muscle tears or disfiguring lacerations, require multiple sutures, or corrective or cosmetic surgery) a person or domesticated animal, but it does not include an animal which bites, attacks or injures a person or animal which is unlawfully upon its owner's premise, or which is provoked.

ZOO.  The City Rio Grande Zoological Park.
('74 Code, § 6-2-2)  (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992; Am. Ord. 43-1992; Am. Ord. 49-1993)
 

(A)Rules and Regulations.  Reasonable rules and regulations may be prescribed by the Mayor to carry out the intent and purpose of this article, pursuant to standards created by this article.
(B)Procedure for Complaints.  A complaint alleging any violation of this article must be filed with the Center 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 Mayor may require the complainant to provide his name and address and swear to and affirm the complaint.
(C)Procedure for Mayor or His Agents.
(1)Whenever the Mayor has probable cause to believe that a person has violated this article, the Mayor may prepare in triplicate, using the ordinance [i.e., code] violation citation form ("citation") provided by the city, written notice to appear in court.  The citation shall contain the name, address and telephone number, if known, of the person violating this article, the driver's license number of such violator, if known, the code section allegedly violated, and the date and place when and where such person allegedly committed the violation, and the location where such person shall appear in court and the deadline for appearance.  The Mayor shall present the citation to the person he has probable cause to believe violated the code [or  ordinance] section in order to secure the alleged violator's written promise to appear in court by having the alleged violator sign at least one copy of the citation.  The Mayor shall deliver a copy of the citation to the person promising to appear.
(2)If the alleged violator refuses to give his written promise to appear, the Mayor or his designated agent shall prepare a written complaint against the alleged violator and file the complaint with the Bernalillo County Metropolitan Court requesting the court to issue a summons for the alleged violator.
('74 Code, § 6-2-3)  (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

(A)Establishment of an Animal Control Center.  There are established one or more Animal Control Centers, which shall be located in such numbers and locations as shall be designated by the Mayor.  These centers shall be kept open to the general public for the transaction of business during the hours set by the Mayor.
(B)Impounding Strays; Records to be Kept; Redemption Fees; Notice Required.
(1)All strays may be impounded.
(2)If a stray animal is wearing a license or anti-rabies tag, or has an identifying tattoo or other identification, the animal shall be confined at the Center for a period of at least seven days, during which time an attempt shall be made to locate and notify the owner.  If a stray animal is not wearing a license, tag or other identification, the animal shall be impounded at the Center for at least four days.  The Mayor may dispose of an impounded stray animal the day following the required impoundment period in the following manner:
(a)The animal may be adopted;
(b)Sold for biomedical research; or
(c)Destroyed in humane fashion, as the Mayor deems proper.
(3)Stray animals to be sold for biomedical research or medical training shall have been impounded at the Center for at least five days prior to sale.  Only animals designated for this purpose by their owners or stray animals without owner identification impounded by the Mayor may be sold for biomedical research.  Only animals delivered to the Center by the Mayor or the animal's owner will be sold for biomedical research.  The research center shall pay $35 per animal.  Animals may be used only under the control of the research center originally purchasing the stray animal.
(4)The Center will not allow any dog or cat that has been impounded at the Center to be adopted if the Center knows the purpose is breeding or resale.  No dog or cat adopted from the Center will be sold, leased or rented to another party.  Every dog and cat adopted from the Center shall be spayed or neutered by a licensed veterinarian at the expense of the adopting party.  The Center may make arrangements to have all or part of the cost of spaying or neutering the dog or cat paid to the city by the adopting party in order to ensure compliance with this section.
(5)Stray livestock which remains unclaimed for ten days after impoundment may be sold or disposed of at the Mayor's discretion.

§ 9-2-1-5  PERJURY.

It is unlawful for any person to make any false affidavit, or knowingly swear or affirm falsely to any document, matter or thing required to be sworn to or affirmed by the terms of this article.
('74 Code, § 6-2-18) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see §9-2-1-99

Any person who violates a provision of this article shall be deemed guilty of a petty misdemeanor, and upon conviction thereof, shall be subject to the penalty provisions set forth in § 1-1-99.  Each day this article is violated shall be considered a separate offense.
('74 Code, § 6-2-17) (Ord. 40-1987; Am. Ord. 33-1992)

§ 9-2-2-1  ANTI-RABIES VACCINATIONS.

(A)All owners of dogs or cats over the age of three months shall have such animals vaccinated annually against rabies. The anti-rabies vaccination shall be administered by a licensed veterinarian who also shall issue an anti-rabies vaccination certificate. The Mayor may require animals other than dogs and cats to receive annual anti-rabies vaccinations.
(B)The veterinarian administering anti-rabies vaccine to an animal shall issue to the owner or keeper of the animal an anti-rabies vaccination certificate and tag, each bearing the same number. The vaccination certificate and tag will be supplied without charge to the veterinarian by the city. Any veterinarian not using both a city-approved vaccination certificate in written form or a computer format which is approved by the city and rabies tags supplied by the city will be in violation of this section and subject to the fines and penalties established in this article.  The veterinarian shall legibly record on the approved certificate in the appropriate areas the name and address of the owner of the animal, a description of the animal, the date of vaccination and the expiration date of the period of immunity, sterilization status, and veterinary practice name in the appropriate areas. This information shall be delivered by the veterinarian to the Mayor in accordance with § 9-2-2-5.
(C)The owner of a dog or cat shall exhibit its certificate of anti-rabies vaccination upon demand by the Mayor and shall attach the anti-rabies vaccination tag securely to the animal's cellar or harness. This division (C) does not apply to animals in the control of shelters or the zoo.
('74 Code, § 6-2-5A) (Ord. 40-1987; Am. Ord. 33-1992; Am. Ord. 49-1993)  Penalty, see § 9-2-1-99

(A)The owner of an animal having rabies or showing signs of rabies, an animal bitten by a rabid animal or an animal exposed to rabies shall immediately confine the animal in a secure place. Any person who has knowledge of an animal infected by or exposed to rabies shall immediately notify the Mayor of the l ocation of the affected animal. The animal shall be surrendered by its owner to the Mayor upon demand. The animal shall be dealt with in accordance with state law.
(B)It is the duty of the owner of an animal that bites a person and of the person bitten by an animal to report the bite to the Mayor within 24 hours after the bite occurs. If deemed necessary by the Mayor, the owner shall surrender the animal to the Mayor for impoundment, quarantine, observation or destruction and rabies testing at the Mayor's discretion.
(C)A physician who renders medical treatment to a person bitten by an animal shall report the bite to the Mayor within 24 hours of such treatment. The physician shall report the name, sex, and address of the person bitten, as well as the type and location of the bite on the body. The physician shall give the name and address of the owner of the animal, if known, and any other facts that may assist the Mayor in locating the biting animal and in ascertaining the immunization status of the animal.
(D)An animal that has bitten or is suspected of biting a person shall be confined securely at a place and for a period of time deemed necessary by the Mayor. The owner of the animal shall be responsible for and bear the cost of confinement. If the owner does not confine the animal as required by the Mayor, the Mayor may seize and impound the animal and will keep it under protective care for no longer than 15 days and the owner shall pay all related costs before reclaiming the animal. After 15 days of protective care the animal will become the property of the Mayor and may be disposed of at the Mayor's discretion. The Mayor may consent to confinement on the owner's premises only if the owner can prove to the city's satisfaction that the animal has a current anti-rabies vaccination. Before the owner's premises can be used for animal confinement, the premises shall be inspected and must be approved for such purpose by the Mayor. The owner of the animal shall agree to indemnify the city for any damages which may arise as a result of the animal's confinement or escape, and shall enter into an indemnity agreement on a form approved and required by the Mayor before the Mayor will allow confinement on the owner's premises.
(E)A person who has custody of an animal that has bitten a person shall immediately notify the Mayor if the animal shows any signs of sickness, abnormal behavior or if the animal escapes confinement. If the animal dies while in confinement, the person having custody of the animal shall notify the Mayor immediately and surrender the carcass of the animal to the Mayor.
('74 Code, § 6-2-5B) (Ord. 40-1987; Am. Ord. 33-1992; Am. Ord. 49-1993)  Penalty, see § 9-2-1-99

(A)Dogs and cats which are not service animals shall not be allowed upon playgrounds or upon the grounds of swimming pools, any of which are owned, operated or maintained by the city, nor shall they be allowed upon the premises of schools, preschool through high school, or upon the Civic Plaza or Crossroads Park.
(B)Dogs and cats shall not be allowed upon the streets or other city property unless they are on a  secure leash not exceeding eight feet in length, and under the immediate physical control of the owner.  The provisions of this division (B) do not apply when an animal is participating in a bona fide animal show which has been authorized by the Mayor or is in a city park designated by the Mayor as an exercise ground for dogs.
('74 Code, § 6-2-5C) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

Owners shall confine their female dogs and cats in heat so that other dogs or cats are not attracted to the animal in heat and can only come into contact with dogs or cats intended to be bred with the animal in heat.

('74 Code, § 6-2-5D) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99
 

(A)The owner of a dog or cat over the age of three months shall obtain a license for the animal. Persons who are not city residents and who keep dogs or cats in the city for less than 30 consecutive days shall be exempt from this licensing requirement.
(B)The city license fee shall be paid at locations designated by the Mayor. The locations shall include Animal Control Centers and may include veterinary practice locations. Veterinarians who administer anti-rabies vaccinations may only issue city licenses and accept city license fee payment at the time of pet vaccination if the veterinary practice has paid for and delivered to the city either a $500 continuing surety bond acceptable to the city or $500 cash to be held by the city in lieu of the $500 bond. The bond shall be held in the name of the city and shall be kept in effect by the veterinary practice. A separate bond is required for each city or county business license issued to a veterinary practice. If no business license is issued by the jurisdiction in which the veterinary practices, a separate bond is required for each New Mexico tax identification number (tax ID #) issued to the veterinary practice. If the veterinary practice ceases to collect city license fees, the city will either release the surety bond, if no money is due to the city, or the city will pay any balance due to the veterinary practice from the $500 held by the city.
(C)Each veterinary practice shall deliver to the city information regarding all anti-rabies vaccinations administered by the veterinary practice during the immediately preceding month. At the same time each veterinary practice shall deliver to the city information regarding city licenses sold during the immediately preceding month. The information for any particular month shall be delivered to the city by the 15th day of the immediately following month either in the form of a paper copy of the city-approved vaccination certificate which includes any city license information or in an electronic format approved by the city.
(D)If the format or form is approved by the city, the veterinary practice issuing city licenses shall receive a credit of $.50 for each vaccination certificate submitted in paper form or $1 for each vaccination certificate submitted electronically. The credits will only be granted if the information is received by the 15th day of the month immediately following the month in which the vaccination certificate was issued and if the information is complete and accurate as determined by the city. The credits will be doubled if the veterinary practice also collects the annual city license fee from the pet owner at the time of vaccination and includes all city license information.
(E)The veterinary practice will be billed monthly by the city for the difference between annual license fees collected by the veterinary practice and any credits accrued for information supplied to the city as required in division (D) above. The veterinary practice will pay the city the full amount of the invoice within 30 days of the date of the invoice. If the computation results in a credit balance for the veterinary practice, the city will issue a check in that amount and send it to the veterinary practice.
(F)If a veterinary practice's receivable account for licenses sold on behalf of the city is delinquent 30 days or more the city may, in addition to other legal remedies available to the city, refuse to supply the veterinary practices with additional vaccination certificates and tags until the account is paid in full.
(G)Veterinarians who administer anti-rabies vaccinations, grooming parlors, pet stores, kennels, shelters and refuges within the city shall post and maintain a notice informing the public that dogs and cats must have annual anti-rabies vaccinations and city licenses. The center will provide one sign free to each location. Each location shall post a notice in a location which is clearly visible to the public. Replacement notices must be purchased from the center or approved by the Mayor.
(H)Licenses, including lifetime licenses, shall remain in effect during the term of the animal's  anti-rabies certificate and shall expire on the annual expiration, date of the anti-rabies vaccination certificate. Failure to renew license within 30 days after the expiration of the anti-rabies vaccination certificate shall result in assessment of a late fee in addition to the cost of the license.
(I)A current rabies tag shall be securely affixed to the collar or harness of all dogs and cats and shall be worn by all dogs and cats except when the dog or cat is confined in a permitted kennel or veterinary hospital, is appearing in a dog or cat show approved by the Mayor, or is being trained and the person who is training the dog or cat shall have readily available in his personal possession the valid license tag for each dog or cat being trained and shall immediately display such upon request by the Mayor.
(J)The owner of a dog or cat which is sterilized and who obtained a lifetime license for the animal before December, 1987 may renew the lifetime license of the animal annually without charge if the owner provides proof to the Mayor of a current anti-rabies vaccination.
('74 Code, § 6-2-5E.1-5,7)  (Ord. 40-1987; Am. Ord. 33-1992; Am. Ord. 49-1993)  Penalty, see § 9-2-1-99

The owner who intentionally or unintentionally breeds dogs or cats and does not have a current hobby breeders permit shall pay a litter fee of $25 for each litter. The $25 fee may be refunded at the time proof of sterilization of the female animal is submitted and verified by the Mayor no later than two months from the time the female dog or cat delivers a litter. An owner shall not advertise, sell, barter, exchange or give away any dog or cat within municipal boundaries unless the litter fee or hobby breeder permit number is displayed legibly. An owner shall furnish the litter fee or hobby breeder permit number to any prospective recipient requesting the number.
('74 Code, § 6-2-5E.6)  (Ord. 40-1987; Am. Ord. 33-1992; Am. Ord. 49-1993)  Penalty, see § 9-2-1-99

No person or household shall own, harbor or keep more than a combined total of four dogs, cats, wolves, wolf hybrids, coyotes or coyote hybrids in any combination thereof over the age of three months.  This limit shall not apply to a permitted premises, except no person or household will be issued a permit for more than four wolves, wolf hybrids, coyotes, coyote hybrids or any combination thereof.
('74 Code, § 6-2-6A) (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

It is unlawful for the owner of an animal to cause or allow the animal to run at large in or on any public property or any other property without the permission of the owner of the property.  Any animal running at large in violation of this subsection may be taken up and impounded by the Mayor.  A citation may be issued to the owner whether or not the animal is impounded.
('74 Code, § 6-2-6B) (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

It is unlawful for any person to chain, stake out, graze or herd any animal, including, but not limited to, a dog or cat, on any unenclosed premises so any part of the animal extends onto or over a sidewalk, alley, street, or other city property or beyond the owner's property line or in a commonly held area accessible to the public.

('74 Code, § 6-2-6C) (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992; Am. Ord. 49-1993)  Penalty, see § 9-2-1-99
 

Animals brought together for breeding purposes shall be confined within an enclosure that obstructs such animals from public view.  This requirement does not apply to the zoo.
('74 Code, § 6-2-6D) (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

No person shall keep or harbor a vicious animal.  The Mayor shall humanely destroy a vicious animal or require the owner either to provide proof acceptable to the Mayor that the animal has been destroyed or surrender the animal to the Mayor for humane destruction.
('74 Code, § 6-2-6E) (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

No person shall maintain a dangerous animal in a manner which constitutes a threat to any person or other animal.
('74 Code, § 6-2-6F)  (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

No person shall allow an animal in his possession or control to persistently or continuously bark, howl or make noise common to its species, or otherwise to disturb the peace and quiet of the inhabitants of the city or keep or maintain an animal in a manner which produces noxious or offensive odors or otherwise endangers the health and welfare of the inhabitants of the city.
('74 Code, § 6-2-6G) (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

No person shall allow an animal to defecate upon public property or upon any private property other than the property of the owner of the animal without thoroughly removing and disposing of the feces.
('74 Code, § 6-2-6H) (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

No person shall affix an anti-rabies or a license tag to the collar or harness of any animal other than the animal for which the anti-rabies or license tag was issued. No person shall keep, manufacture or use a stolen, counterfeit or forged animal anti-rabies vaccination certificate or rabies tag.
('74 Code, § 6-2-6I)  (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992; Am. Ord. 49-1993)  Penalty, see § 9-2-1-99

If a person does not have the knowledge and consent of the owner of an animal, then that person shall report the possession of the animal to the Center no later than 24 hours after first coming into possession of the animal.  The person shall give his name and address, a description of the animal, the circumstances under which  he came into possession of the animal and the current location of the animal.  He shall immediately surrender the animal to the Mayor upon demand.
('74 Code, § 6-2-6J)  (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

No person shall attack, assault or in any way threaten or interfere with the Mayor in the performance of the duties required by this article.
('74 Code, § 6-2-6K) (Ord. 40-1987;  Am. Ord. 71-1989; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

No person shall remove an impounded animal from a Center employee, Center vehicle or the Center premises.
('74 Code, § 6-2-6L)  (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

(A)Physical Abuse. No person shall willfully or maliciously kill, maim, disfigure, torture, beat, mutilate, burn, scald or otherwise cruelly set upon any animal, except that reasonable force may be employed to drive off vicious or trespassing animals.
(B)Work Cruelty.  No person shall drive or work any animal cruelly.
('74 Code, § 6-2-7A,B)  (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

No person shall:
(A)Fail, refuse or neglect to provide an animal in his charge or custody with proper food, drink, shade, ventilation, necessary medical care, basic grooming which is necessary for the health of the animal, or shelter, which shall be a weatherproof and structurally sound enclosure large enough to accommodate the animal; or
(B)Leave an animal in an enclosed or upon a vehicle for a length of time which could result in danger to or death of the animal.  If the Mayor determines that an animal in an enclosed vehicle is in  immediate danger the Mayor may enter the vehicle by whatever means is necessary, without being liable to the owner of the vehicle, and take the animal into protective custody.
(C)Carry an animal in or upon any vehicle in a cruel, inhumane or unsafe manner.  An animal carried in the bed of a truck must be crated or restrained upon a nonmetal mat so it cannot fall or jump from the truck or be strangled.
('74 Code, § 6-2-7C) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

A rope, chain, or other device may be used to restrain an animal, provided the following criteria are met:
(A)The device must be affixed to the animal by use of a non-abrasive, comfortably fitted collar or harness.
(B)The device must be at least 12 feet long unless such length would violate § 9-2-3-3, in which case it shall be no less than eight 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.
(C)The animal must have easy access to adequate shade, shelter, food and potable water.
(D)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 will be cleaned up regularly, but no less frequently than once a day.
(E)The area where the animal is confined must be kept free of insect infestation, such as ant hills, wasps nests, flea, tick and maggot infestations.
(Ord. 49-1993)  Penalty, see § 9-2-1-99

No person shall abandon an animal within the city.  An owner of an unwanted animal may turn over the animal to the Mayor without charge for adoption, sale or destruction in a humane fashion in compliance with this article.
('74 Code, § 6-2-7D) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

(A)No person shall make accessible to an animal a substance which contains, or has been treated or prepared with a harmful or poisonous material with the intent of harming or killing an animal.
(B)No person shall use or set a steel leg-hold trap.
(C)This section does not prohibit the eradication of vermin which are a threat to public health.
('74 Code, § 6-2-7E) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see §  9-2-1-99

Whenever the Mayor finds that an animal is or will be without proper care because of injury, illness, incarceration or absence of the owner of such animal, the Mayor may take up such animal for protective care for a period not to exceed 15 days.  While the animal is in protective custody, and upon the advice of a licensed veterinarian, the Mayor may take any action necessary to prevent undue pain and suffering to the animal, including the humane destruction of the animal.  At the expiration of the period of protective custody, and following mailing or other delivery of written notice to the owner, the animal shall be deemed to be the property of the city, and the Mayor may place the animal for adoption, or otherwise dispose of it in accordance with the provisions of this article.
('74 Code, § 6-2-7F) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

A motor vehicle operator who strikes or runs down an animal shall immediately notify the Mayor of the injury and shall provide the facts regarding the accident, and the injuries sustained by the animal.  The operator shall remain at or near the scene until such time as the owner or the Mayor arrives.  In case of severe emergency to the animal, the operator may give aid by taking the animal to a veterinary hospital or the Center.  Emergency vehicles are excluded from this provision.
('74 Code, § 6-2-7G) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

No person shall hobble livestock or other animals by any means which may cause injury or harm to the animal.
('74 Code, § 6-2-7H) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

No person shall own an animal which is seriously sick or injured without providing proper veterinary care to the animal.  The Mayor may require a letter of health evaluation from a licensed veterinarian describing the condition of the animal.  The Mayor may impound and humanely destroy abandoned or stray, sick or injured animals in accordance with the provisions of this article without giving notice to an animal's owner, as provided in the impoundment section of this article (i.e., § 9-2-1-4(B)(2)).  This section shall not be construed to apply to veterinary hospitals or animals under active veterinary care.
('74 Code, § 6-2-7I)  (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

(A)No person shall promote, stage, hold, manage, conduct, carry on, train for or attend a game, exhibition, contest or fight in which one or more animals are injuring, killing, maiming or destroying themselves or other animals.
(B)No person shall provoke or entice an animal from the property of its owner for the purpose of engaging the animal in an animal fight.
('74 Code, § 6-2-7J)  (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

No person shall confine wild or domestic birds unless the birds are fed and watered at least once every 12 hours. The birds must be able to stand in a naturally erect position.
('74 Code, § 6-2-7K) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

No person shall willfully kill a song bird or destroy or rob the nest of such bird.

('74 Code, § 6-2-7L) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99
 

(A)Use of Public Property.  No person shall display, sell, offer for sale, barter, auction, give away, or otherwise dispose of an animal upon a street, sidewalk, public park, public right of way or other public property.
(B)Use of Private Property.  No person shall sell, offer for sale, barter or auction a dog or cat upon private property without first obtaining a valid permit or paying a litter fee.  No person shall give away a dog or cat upon private property without first obtaining the written permission of the owner or manager of the property.
(C)Rabbits or Fowl.  No person shall sell, offer for sale, barter or give away to any individual or household fewer than six rabbits or fowl under four weeks of age.  Nothing in this section shall be construed to prohibit the raising of such rabbits and fowl by a private individual for his personal use or consumption, provided that he shall maintain proper care and housing for the animals while they are in his possession.
(D)Premiums and Novelties.  No person shall offer a live animal as an incentive to purchase merchandise or as a premium, prize, award, or novelty.
(E)Turtles.  No person shall offer for sale, sell, barter or give away turtles except in conformance with appropriate federal regulations.
('74 Code, § 6-2-8) (Ord. 40-1987; Am. Ord. 33-1992; Am. Ord. 49-1993)  Penalty, see § 9-2-1-99
 

(A)No person shall operate a kennel, grooming parlor, pet shop, refuge, shelter, hobby breeder, multiple animal site or guard dog site without a valid permit issued by the Mayor. No person shall breed or allow to be bred a dog or cat for which an intact animal permit has been issued.
(B)No person shall receive, purchase, own, or keep an exotic or wild animal without first obtaining an exotic or wild animal permit issued by the Mayor.
(C)No person shall keep, conduct or operate an animal exhibit without first obtaining an animal exhibit permit issued by the Mayor.
(D)The Mayor may collect fees for inspections related to the issuance, renewal and maintenance of permits.
(E)On a monthly basis, permitted premises will provide to the Mayor, in writing, the names, addresses, and types of exotic animals sold during the preceding month.
(F)An owner advertising for sale the litter from a hobby breeder shall list a hobby breeder permit number in all ads.
('74 Code, § 6-2-9A) (Ord. 40-1987; Am. Ord. 33-1992; Am. Ord. 49-1993)  Penalty, see § 9-2-1-99

(A)Individuals who wish to apply for a permit shall file on forms provided by the Mayor.  The application shall require information sufficient to assure the Mayor that the applicant has knowledge and facilities adequate to care for the animals in a manner that protects the public and the animals.
(B)An application for a permit for a premises within a noncommercial area:
(1)Shall include a petition on a form provided by the Mayor, signed by one person over the age of 18 who occupies each residence located on property within 100 feet of the property lines of the premises proposed to be permitted affirming that the residents and property owners have no objection to the issuance of the permit; or
(2)If the petition is not signed by all residents and private property owners within 100 feet, the application shall include a list of the names and address of all known residents within 100 feet who have not signed.
(C)With the application, applicant shall file a certificate of compliance, signed by the Mayor, showing all applicable city zoning requirements have been met.
(D)The applicant shall file with the Mayor proof of compliance with all applicable city, state and federal requirements to the satisfaction of the Mayor.
(E)A multiple animal permit will not be issued for any animal other than a dog or cat.  The applicant shall submit sterilization proof to the Mayor on all animals listed on the permit before final approval of the permit.

('74 Code, § 6-2-9B) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99
 

(A)Within 30 working days of receipt of an application for a permit, the Mayor shall review the application and inspect the premises to determine whether they comply with the standards established in this article.
(B)Within 30 working days of the inspection required for a permit, the Mayor shall approve, conditionally approve or deny the permit application and shall notify the applicant in writing of his decision.  The Mayor shall approve an application only if he determines that:
(1)The standards established by this article and other applicable laws and regulations have been met; and
(2)The issuance of a permit will not result in activity which presents a danger to the public health, safety or welfare or a danger or nuisance to the neighborhood.
(C)If any affected party wishes to appeal the Mayor's decision regarding a permit application, the party may request a hearing. A written request for hearing must be filed at the Center within five days of receipt of the Mayor's decision.  If an applicant wishes to appeal the Mayor's decision regarding issuance of a permit, the applicant must use the procedures established in § 9-2-4-11.
(D)Notices given pursuant to this section shall be deemed served when delivered in person to the applicant or sent by certified mail to the last known address of the applicant.
('74 Code, § 6-2-9C) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

(A)No permit except a guard dog permit is transferable from one person or place to another person or place.  A guard dog permit may be transferred to a new location operated by the same person during the permit year, provided that advance notice of at least five working days shall be given to the Mayor for each transfer of a guard dog permit. Permit transfers shall not be effective until the Mayor has inspected and approved the facilities at the new location and recorded the information required on the permit application.
(B)A valid permit shall be posted in a conspicuous place at each permitted premises.
(C)A permit holder shall notify the Mayor of any changes in operations which may affect the status of the permit and shall keep the Mayor informed of all changes in name, location, address, home and business telephone number, of the site and activities covered by the permit.
(D)Both the person in charge of a permitted premises and the owner of the permitted premises shall be responsible for complying with this article.
(E)At each permitted premises a current record shall be kept which describes all animals owned, purchased or received, and the final disposition of each animal.
(F)Permits shall expire one year after the date of issuance of the permit.  An application for renewal shall be filed at the Center 30 days before the date of expiration.  Application and inspection procedures and fees for permit renewals shall be the same as those for new applications, except the petition process required in division (B) of this section shall not be required.  Failure to renew permits as specified shall result in the expiration of the permit or in the assessment of a late fee in addition to the cost of renewing the permit, as deemed appropriate by the Mayor.
('74 Code, § 6-2-9D) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

(A)Specific housing and other facility requirements will be established by Animal Control for different kinds of animals. The requirements will be made available, in writing without charge upon request.
(B)Animal housing facilities shall be structurally sound and constructed of nontoxic materials.  Interior floors shall be of smooth, easily cleanable construction and impervious to water.  The premises shall be kept clean, sanitary and in good repair in a manner which will protect animals from disease and injury.
(C)Animals maintained in pens, cages or runs for periods exceeding 24 hours shall be provided with adequate space to prevent overcrowding and to maintain normal exercise according to species.
(D)Adequate weatherproof housing shall be provided in all permitted premises with proper ventilation and temperature, and sufficient lighting and shade provided by either natural or artificial means.
(E)Outside housing shall protect animals from weather that may be detrimental to the health of the animals.
(F)Provisions shall be made for the removal and proper disposal of animal and food waste, soiled bedding, dead animals and debris.  Disposal facilities shall be operated in a manner which will minimize vermin infestation, odors and disease.
(G)Unneutered adult animals shall be segregated by sex, except where otherwise indicated for health, welfare or breeding purposes.  This division (G) does not apply to hobby breeder, multiple animal and guard dog sites.
(H)Vicious, diseased or injured animals and animals that have bitten a person shall be individually caged when on the premises of a kennel, grooming parlor, pet shop or refuge.
(I)Animals shall be provided with clean, fresh, sufficient and wholesome food and water.  Food and water containers shall be kept clean.
(J)Each animal shall be observed daily by the person in charge.  Sick, diseased, injured, lame or blind animals shall be provided with appropriate veterinary care.  The person in charge who suspects an animal of being rabid shall immediately notify the Mayor and segregate the animal.
(K)Refuges shall be required to have all their dogs and cats spayed or neutered.  This requirement does not apply to the four dogs or cats allowed per household by this article.
(L)The number of adult dogs or cats, or any combination thereof, which a hobby breeder permit or multiple animal permit holder may keep is limited by the following factors:
(1)In a residential zone, the area of the permitted hobby breeder site or multiple animal site shall be limited to 10% of the total area of the premises.
(2)Within the kennel area of a hobby breeder site or multiple animal site, 75 square feet of area shall be provided for each animal weighing under 30 pounds, 100 square feet for each animal weighing between 30 and 49 pounds and 125 square feet for each animal weighing 50 pounds or more.
('74 Code, § 6-2-9E) (Ord. 40-1987; Am. Ord. 33-1992; Am. Ord. 49-1993)  Penalty, see § 9-2-1-99

(A)Upon presentation of proper identification, and at any reasonable time, the Mayor shall be allowed to enter any permitted premises for the purpose of making inspections to determine compliance with this article.  The person in charge of the permitted premises shall be allowed to accompany the Mayor on his inspection.  The Mayor shall be allowed to examine all records pertinent to the origin and care of any animals located at, or emanating from any permitted premises.
(B)Whenever the Mayor inspects a permitted premises, the Mayor shall prepare a written inspection report which shall state whether or not the permitted premises is in compliance with and in violation of the requirements of this article; if the premises is found not to be in compliance, the report shall specify the nature of the noncompliance.  The Mayor and the person in charge of the permitted premises shall sign the inspection report.  A copy of the inspection report shall be furnished to the person in charge.
('74 Code, § 6-2-9F) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

(A)Exotic or Wild Animal Permit.  A person who wishes to receive, purchase, own or keep either an exotic or a wild animal shall first obtain an exotic or wild animal permit from the Mayor.
(B)Prohibited Exotic or Wild Animals.  No person shall own, harbor or keep any species in violation of Federal or New Mexico law, including, but not limited to bats and skunks.
(C)New Animal Addition.  If the number of exotic or wild animals in a collection increases as a result of the reproduction of members of the collection or as a result of replacement of the same number and zoological species as the permitted animals replaced, an additional permit is not required  during the permit year, provided the Mayor is notified in writing within 30 days of the addition of the new animals.
(D)Consolidation of the Exotic or Wild Animal Permit.  If during the preceding year more than one exotic or wild animal permit has been issued to an applicant for an exotic or wild animal, the exotic or wild animal permits may be consolidated so only one permit is required. However, the renewal date for the consolidated permit shall be the date of issuance of the first-issued permit for an exotic or wild animal.
(E)Health Requirements.  Exotic or wild animal owners must submit a health certificate from a veterinarian to the Mayor within 14 days of acquisition of the animal.  The health certificate must certify that the animal is in good health and has been vaccinated as appropriate for the species.
(F)Exotic or Wild Animal Permit Requirements.
(1)In addition to the facilities and care standard requirements for permitted premises required by this article, exotic or wild animals shall be kept and cared for in a manner which does not constitute a nuisance or endanger the safety of any person or property.
(2)The holder of a permit for an exotic or wild animal must notify the Mayor within 30 days if the owner changes his residence or the location of the exotic or wild animal, or sells or otherwise disposes of the animal for which the permit was issued.
(G)Impoundment.  The Mayor may impound an exotic or wild animal for its owner's failure to comply with this article and shall use the impound procedure set out in this article or, if the exotic animal may be a danger to the public, use a procedure which protects the public.
(H)Exclusion.  Notwithstanding the above, zoological parks, veterinary hospitals, humane society, shelters, public laboratories, circuses, sideshows, and educational and scientific facilities are excluded from the provisions of this section, provided that the excluded facilities use protective devices adequate to prevent the exotic or wild animals from escaping or injuring the public.
('74 Code, § 6-2-10) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99
Cross-reference: Information regarding sale of exotic animals to be provided to Mayor, see § 9-2-4-1(E)

(A)A person wishing to keep, conduct or operate an animal exhibit shall first obtain an animal exhibit permit from the Mayor.
(B)All animal exhibit permits shall be issued by the Mayor for a specific period of time, not to exceed one year.
(C)When a person files an application for an animal exhibit permit or a renewal, the Mayor shall make such investigation as he deems proper.  The Mayor shall only issue a permit to the applicant when the Mayor determines that:
(1)The animal or the conduct or operation of the animal exhibit for which the permit is requested will not constitute a menace to the health, peace or safety of the public.
(2)The animal exhibit site and the premises where the animals are to be kept are maintained in a clean and sanitary condition, the animals will not be subject to suffering, cruelty or abuse, and the applicant has not had an animal exhibit permit revoked within one year prior to the date of application.  No animal in the exhibit is to be induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner that will cause or is likely to cause significant physical injury to the animal.  All equipment located on or used in the exhibit shall fit properly and be in good working condition.
('74 Code, § 6-2-11) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

(A)Guard Dog Permit.  A person who wishes to use a guard dog shall first obtain a guard dog permit from the Mayor.
(B)Guard Dog Housing and Facilities.
(1)In addition to the facilities and care standard requirements for permitted premises set forth elsewhere in this article, the area where the guard dog is housed while not on duty shall be secured in a manner which will prevent the escape of the guard dog.  The off duty housing area shall be kept locked when not in use.
(2)When a dog is on duty outside a building, the premises must be enclosed by a secure fence at least six feet high, to which anti-escape devices have been added.
(3)If the Mayor determines it is necessary to control noise at the site, the Mayor may require the owner or permit holder to construct a barrier which breaks the dog's line of sight at the owner's or permit holder's expense.
(4)The doors, windows and all other openings to the outside of a building where a guard dog is on duty must be secured to prevent its escape.
(5)Guard dog premises shall be posted with warning signs at least 12 inches long on each side.  The warning signs shall state "Guard Dog" and "Guardia" and shall show a picture of an aggressive dog.  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.
(6)Vehicles used to transport a guard dog(s) and vehicles being protected by a guard dog(s) shall be secured so the public is protected from injury, shall be constructed or modified to ensure that the guard dog  is transported in a safe, humane manner, and shall be posted with warning signs.  At a minimum, the signs shall be posted conspicuously on both sides of the vehicle.
('74 Code, § 6-2-12) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

(A)When the Mayor discovers that a permitted premises is in violation of this article, he shall give notice of the violations to the permit holder, operator or person in charge by means of an inspection report or other written notice.  The notification shall:
(1)Set forth each specific violation.
(2)Establish a specific and reasonable period of time for the correction of the violation.
(3)State that failure to comply with a notice issued in accordance with the provisions of this article may result in immediate suspension or revocation of the permit.
(4)State that an opportunity for appeal from a notice or inspection findings will be provided if a written request for a hearing is filed with the Mayor within five days of receipt of the notice.
(B)Notices under this section shall be deemed properly served and received when the original inspection report or other notice has been personally served on the person in charge, or sent by registered or certified mail to the last known address of the permit holder.
(C)Permits may be suspended for failure of the holder to comply with the requirements of this article or other applicable laws, ordinances or regulations.  The suspension may be lifted when the Mayor determines the violations have been corrected.
(D)Permits may be revoked for serious or repeated violations of the requirements of this article, or for violation of other applicable laws, ordinances or regulations.  A permit shall be revoked for one year.  The permit shall be surrendered to the Mayor upon suspension or revocation.
(1)A person whose permit has been suspended may apply for an inspection of the premises for the purpose of reinstating the permit by filing an additional application for a permit at the Center on the form required by the Mayor.  Within five working days after the Center receives the application, the Mayor shall make an inspection.  If the applicant and the site are in compliance with the requirements of this article and all other applicable laws, regulations, and ordinances, the permit shall be reinstated.  The reinstated permit will expire on the date of expiration of the previously-suspended permit.
(2)If an exotic or wild animal permit is suspended or revoked, all animals received, purchased, owned or kept under the authority of the permit shall be surrendered to the Mayor for impoundment as provided in the impoundment section of this article.  After a period of at least seven days, if the violations of the ordinance which resulted in suspension or revocation of the permit have not been corrected, the Mayor may sell or dispose of the animal(s) as provided in this article.  The applicant may appeal the suspension or revocation in the manner established in § 9-2-4-11.
('74 Code, § 6-2-13) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

(A)A person whose application for a permit or permit renewal has been approved on condition or denied and a permit holder whose permit has been suspended or revoked, may submit to the Mayor a written request for a hearing, provided that the written request is received at the Center within five days of the applicant's receipt of the written notice from the Center.  The hearing shall be conducted within a reasonable time after the Center receives the request for a hearing.
(B)Hearings shall be conducted by the Mayor at a time and a place designated by the Mayor and shall be recorded.  All witnesses shall be sworn or affirmed.  Written notice of the time, and place of the hearing shall be mailed to the applicant and the Mayor.
(C)The applicant shall be afforded a fair hearing which provides the basic safeguards of due process which shall include:
(1)The opportunity to examine before the hearing and, at the expense of the applicant, to copy all documents, records and regulations of the Mayor that are relevant to the hearing.  Any document not made available by the Mayor, after written request by the applicant, may not be relied on by the Mayor at the hearing.
(2)The right to be represented by counsel or other persons chosen as his representative.
(3)The right to present evidence and arguments in support of his appeal to controvert evidence relied on by the Mayor, and to confront and cross-examine all witnesses on whose testimony or information the Mayor relies.
(4)A decision based solely and exclusively upon the facts presented at the hearing.
(D)The hearing officer may render a decision without proceeding with the hearing if the hearing officer determines that the issue has been previously decided in another proceeding which provided due process.  If the applicant or the Mayor fails to appear at a scheduled hearing, the hearing  officer may postpone the hearing for a period of no more than five business days or may determine that the absent party has waived his right to a hearing.  Both parties shall be notified of such determination.
(E)At the hearing, the applicant shall first show an entitlement to the relief sought, and the Center manager or the manager's representative shall then justify its act or failure to act.  The hearing shall be conducted informally, but all persons present shall be orderly.  Failure to comply with the directions of the hearing officer to obtain order may result in exclusion from the proceedings, or other appropriate action.  Oral or documentary evidence pertinent to the facts and issues raised by the appeal may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings.
(F)The hearing shall be recorded by audio method, but need not be transcribed unless a written transcript is requested, in which case the cost of transcription shall be borne by the party requesting transcription.  If one party prefers to have the hearing transcribed by a court reporter, that party shall pay all directly related costs, and the party requesting transcription shall pay the cost of transcription.
(G)The hearing officer shall prepare a written report of his findings and decision within 10 days after the hearing and shall provide copies to the parties.
('74 Code, § 6-2-14) (Ord. 40-1987; Am. Ord. 33-1992)  Penalty, see § 9-2-1-99

(A)License Fees.
(1)The annual license fee for each unneutered or unspayed dog or cat shall be $11.
(2)The annual license fee for no more than one unneutered or unspayed dog or cat owned by a person 62 years of age or older or owned by a person receiving welfare, social security benefits or other similar public assistance shall be $6.
(3)For each neutered or spayed dog or cat, and for each dog or cat for which neutering or spaying has been certified as a surgical risk, the annual license fee shall be $4.  Proof of qualification for the license can be made only with a written certificate from a licensed veterinarian certifying that the animal has been neutered or spayed or that neutering or spaying would be a surgical risk for the animal, due to the animal's age or condition.
(4)No license fee shall be required for service animals owned, harbored or kept for the purpose of assisting blind, deaf, or mobility impaired people.  However, the service animal must comply with anti-rabies vaccination requirements of this article as appropriate for the type of animal used.  No license fee shall be required for animals listed in the Center's records for a permitted premises.
(5)Replacement license tags shall be sold by the Center at a cost of $2 each.
(6)The fee for late license renewal shall be $5.
(B)Permit Fees.
(1)The fee for issuing a new permit (for permitted premises) is $50.  Shelters shall be exempt from this fee.
(2)The fee for annual renewal of a permit (for permitted premises) is $50.
(3)Whenever a new zoological species or collection is acquired by an exotic or wild animal permit holder, the permit holder shall pay a fee of $35 and the Center will update the existing permit.
(4)The fee for late permit renewal shall be $5.
('74 Code, § 6-2-15) (Ord. 40-1987; Am. Ord. 71-1989; Am. Ord. 33-1992)

All fees included in this article will be reviewed annually, effective January 1, to consider changes in the cost of providing services and related increases or decreases in fees.
('74 Code, § 6-2-16) (Ord. 40-1987; Am. Ord. 33-1992)
 

Chapter 6 ANIMALS*
ARTICLE I. IN GENERAL

Secs. 6-1--6-30. Reserved.

Sec. 6-31. Definitions.
Sec. 6-32. Penalty for violation of article.
Sec. 6-33. Dog or cat license.
Sec. 6-34. Number of animals permitted.
Sec. 6-35. Professional animal permit.
Sec. 6-36. Restraint of animals.
Sec. 6-37. Female dogs or cats in mating season.
Sec. 6-38. Animals running at large.
Sec. 6-39. Animals on unenclosed premises.
Sec. 6-40. Vicious animals.
Sec. 6-41. Animals killing or injuring livestock and/or protected wildlife.
Sec. 6-42. Animals disturbing the peace.
Sec. 6-43. Animal nuisances on sidewalks, public parks, alleys and other places open to the public.
Sec. 6-44. Sale of animals.
Sec. 6-45. Guide dogs and other animals trained to assist handicapped persons.
Sec. 6-46. Wild animals.
Secs. 6-47--6-80. Reserved.

Subdivision I. In General
Sec. 6-81. Administration of article.
Secs. 6-82--6-110. Reserved.
Subdivision II. Impoundment*
Sec. 6-111. County animal control facilities.
Sec. 6-112. Impoundment procedures.
Sec. 6-113. Breaking into animal control facilities and  vehicles.
Secs. 6-114--6-130. Reserved.

Sec. 6-131. Vaccinations.
Sec. 6-132. Compliance with applicable state statutes required.
Sec. 6-133. Unlawful use of rabies tag.
Secs. 6-134--6-170. Reserved.

Sec. 6-171. Physical abuse.
Sec. 6-172. Work cruelty.
Sec. 6-173. Care and maintenance.
Sec. 6-174. Abandonment.
Sec. 6-175. Animal poisoning.
Sec. 6-176. Uncared for animals.
Sec. 6-177. Estray.
Sec. 6-178. Injury to animals by motorists.
Sec. 6-179. Hobbling livestock.
Sec. 6-180. Keeping of diseased or painfully crippled animals.
Sec. 6-181. Fights.
Sec. 6-182. Fowl; impounding or crating.
Sec. 6-183. Killing of songbirds; robbing of nests.

BERNALILLO COUNTY CODE

Chapter 6 ANIMALS*
ARTICLE I. IN GENERAL

Secs. 6-1--6-30. Reserved.

ARTICLE II. ANIMAL CARE AND REGULATION
DIVISION 1. GENERALLY

Sec. 6-31. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal means any vertebrate member of the animal kingdom excluding humans.

Bite means any actual puncture or tear of the skin inflicted by the teeth of an animal.

Commercial animal establishment means any establishment or premises, operating for profit, where six or more dogs and/or cats or aggregate thereof, over four months of age are kept or maintained. It includes shelters, refuges, private hobby kennels, and hobby breeders, with the exception of state inspected veterinary hospitals and federally inspected laboratory facilities and zoos.

Confinement means to detain or isolate an animal.

County means the area within the boundaries of the County of Bernalillo, including privately owned land or land owned by the United States, except the area within the limits of any incorporated municipality.

County animal control means any pound, lot premises, and/or building maintained by the county for the implementation of control and care of animals.

Director means the director of animal control of the county.

Enclosed lot means parcel of land or portion thereof in private ownership around the perimeter of which a wall or fence has been erected.

Establishment means a place of business together with its ground and equipment.

Estray means any animal found running at large.

Grooming parlor means any commercial animal establishment, or parts thereof, or premises maintained for the purposes of offering animal cosmetological services.

Hobby breeder means any nonprofit animal facility or premises operated by a person involved in controlled breeding or animals which are registered with a recognized registry organization or who keeps a breed which is not eligible to be so registered, if this breed has been approved by the county manager.

Kennel means any commercial animal establishment or premises where animals are boarded, kept or
maintained.

Licensed veterinarian means a person with a doctor of veterinary medicine degree licensed to practice in the state.

Livestock means horses, cattle, pigs, sheep, goats, rabbits and/or fowl.

Nuisance means, but is not limited to, defecation, urination, disturbing the peace, emitting noxious or offensive odors or otherwise endangering or offending the well-being of the inhabitants of the county.

Owner of an animal means a person who owns, harbors, or keeps; knowingly causes or knowingly permits an animal to be harbored or kept; has an animal in his care, or who permits an animal to remain on or about his premises.

Pet shop means any commercial animal establishment or premises or part thereof maintained for the purchase, sale, exchange or hire of animals of any type, except the term shall not include livestock auctions.

Premises means a parcel of land and the structures thereon.

Private hobby kennel means any nonprofit animal facility or premises where purebred dogs or pedigreed cats are bred for personal use and enjoyment from animals privately owned or leased and the resultant offspring are neither sold for resale to commercial outlets, nor for the purposes of research, testing or laboratory experimentation.

Professional animal permit means a permit issued pursuant to section 6-35, and is required of persons operating kennels, grooming parlors, pet shops, refuges, shelters, private hobby kennels, or hobby breeder facilities.

Quarantine means to detain or isolate an animal suspected of contagion.

Refuge means any nonprofit animal facility or premises operated by a person who is a member of a recognized animal humane organization, for the purpose of bringing aid and comfort to more than five, but not to exceed 20 animals.

Shelters means any nonprofit animal facility whose primary function is to bring aid and comfort to animals.

To run or running at large means to be free from physical restraint beyond the boundaries of the premises of the owner.

Vaccination means protection provided against rabies by inoculation with anti-rabies vaccine as required by NMSA 1978, § 77-1-3.

Vicious animal means any animal which shall bite or in any other manner attack or attempt to attack any person or other animal within the county, except that any animal that bites, attacks, or attempts to attack any person or other animal within the county, upon its owner's or keeper's premises, or which is provoked to attack, shall not be deemed a vicious animal.

(Ord. No. 88-16, § I, 6-28-88)
Cross reference(s)--Definitions generally, § 1-2.
 

Except as otherwise provided in this article, violations of this article are punishable as provided in section 1-6.

(Ord. No. 88-16, § XII(A), 6-28-88)
 

(a) It is unlawful for any person to own or harbor a dog or cat over the age of six months without obtaining a license for such animal. Persons who are not county residents and who keep dogs or cats in the county for less than 30 consecutive days shall be exempt from this license requirement.
(b) Application for licenses shall be made on forms provided by the county animal control division.
(c) Licenses shall expire one year from the date of issue; the license shall be good for one year. Failure to renew the license within 30 days after the expiration date shall result in an assessment of a penalty fee in addition to the cost of the license.
(d) A current rabies certificate must be presented to the county animal control division prior to making
application for a license.
(e) A current license tag shall be securely affixed to the collar or harness which shall be worn by all dogs or cats, unless the dog or cat is being kept in a kennel or veterinarian hospital, or appearing in an approved dog or cat show, or is being trained; provided, however, that the person who is training the dog or cat shall have in his personal possession the valid license tag for each dog or cat being trained and shall immediately display such upon request by the county animal control division.
(f) License tags shall not be transferred from animal to animal.
(g) The annual license fee for each unneutered or unspayed dog or cat shall be $8.00. The annual license fee for each unneutered or unspayed dog or cat which is owned by a person 62 years of age or older shall be $4.00. For each neutered or spayed dog or cat, the annual license fee shall be $2.00. Proof of qualification for a license can only be made with a written certificate from a licensed veterinarian stating that the animal has been neutered or spayed. The license fee shall not apply to specially trained dogs owned, harbored or kept for the purpose of assisting the blind or the deaf.

(Ord. No. 88-16, § XI, 6-28-88)
State law reference(s)--Licensing of dogs, NMSA 1978, § 77-1-15.1.
 

No household or member of a household, is allowed to own, harbor or keep dogs or cats, or any combination thereof, over four months of age totaling more than four; provided, however, that any household owning dogs or cats or any combination thereof totaling more than four, which animals were vaccinated for rabies before the effective date of the ordinance from which this section is derived, shall be allowed to retain more than four animals only as long as the particular animals owned on the effective date remain in the possession of such household. Exceptions include:

(1) A household may have up to six dogs and cats or any combination thereof provided that half of them shall be neutered.
(2) This section shall not apply to any holder of a professional animal permit.

(Ord. No. 88-16, § V(F), 6-28-88)
 

Any person of those areas of the county, outside the limits of any incorporated municipality, may obtain a professional animal permit under the following conditions:
(1) Payment of an annual professional animal permit fee of $25.00 at the office of the county animal control division.
(2) Submission of the person's premises used for the keeping of animals to an annual inspection by the animal control officers which shall be made without additional cost. Alternatively, the person may arrange to have his premises inspected by a local veterinarian.
(3) Maintenance of humane conditions of shelter, exercise, food, water and sanitary standards in accordance with nationally recognized professional standards.
(4) Provisions must be made for waste disposal in accordance with nationally recognized professional standards which will prevent the spread of noxious or offensive odors and disease.
(5) A lawfully maintained private hobby kennel or private breeder already established in the county on the date the ordinance from which this section is derived becomes effective shall be eligible upon payment within 30 days of a one-time fee of $25.00 and shall be eligible for a ten-year, nontransferable kennel permit, provided all the requirements of this section are met yearly.

(Ord. No. 88-16, § V(G), 6-28-88)
 

(a) Every person owning or having charge, custody, or care or control of any dog shall keep such animal exclusively upon his own premises either by an enclosure surrounding the perimeter boundaries of his property or on a chain or leash not less than eight feet in length. Dogs are permitted on the streets or public places of the county only if on a secure leash not exceeding six feet in length and under the immediate physical control of the person having custody thereof.
(b) No dog or cat or other member of the canine or feline families is allowed on a public playground, swimming pool or schoolyard.
(c) Subsections (a) and (b) of this section do not apply when such animal is participating in a bonafide animal show authorized by the county manager and/or authorized by appropriate school authorities.
(d) Nothing in this section shall be construed to allow any dog under physical restraint, whether for training purposes or not, to commit any act defined as unlawful in this article.

(Ord. No. 88-16, § V(D), 6-28-88)

State law reference(s)--Authority to prohibit the running at large of animals, NMSA 1978, §§ 4-37-1,
3-18-3(A)(2), 77-1-12.
 

Any person in control of a female dog or cat in mating season shall confine such dog or cat as to preclude other dogs or cats from attacking or being attracted to such female animal.

(Ord. No. 88-16, § V(E), 6-28-88)
 

It is unlawful for any person to allow or permit any animal to run at large in or on any street, alley, sidewalk, vacant lot, public property, other unenclosed place in the county, or private property without the permission of the owner of such property. Any animal permitted to run at large in violation of this section is declared to be a nuisance, a menace to the public health and safety, and shall be taken up and impounded. A working dog performing such acts as herding or search and rescue under the control and supervision of owner/handler shall not be considered as unleashed while performing these duties. A hunting, obedience, tracking or show dog shall not be considered unleashed while performing in such capacities.

(Ord. No. 88-16, § VI(A), 6-28-88)
 

It is unlawful for any person to chain, stake out, graze or herd any animal on any unenclosed premises in such a manner that such an animal may go beyond the property line.

(Ord. No. 88-16, § VI(B), 6-28-88)
 

It is unlawful for any person to keep or harbor a vicious animal in the county. After a judicial determination that an animal is vicious the owner or keeper of such vicious animal shall destroy it humanely or turn such animal over to the county manager for destruction.

(Ord. No. 88-16, § VI(C), 6-28-88)
State law reference(s)--Vicious animals, NMSA 1978, § 77-1-10.
 

It shall be unlawful to keep an animal after it is known that the animal has killed or injured livestock and/or protected wildlife, and it shall be the duty of the owner to surrender the animal to animal control for proper humane euthanization upon the order of the court after a finding that the animal has killed or injured livestock and/or protected wildlife. It shall be the right of any owner of livestock and/or protected wildlife so killed or injured by the actions of any animal to kill such animal while it is upon property controlled by the owner of the livestock and/or protected wildlife.

(Ord. No. 88-16, § X, 6-28-88)
State law reference(s)--Dogs killing or injuring livestock, NMSA 1978, § 77-1-2.
 

It is unlawful for any person to allow any animal to unreasonably bark, howl or make noise common to their species, or otherwise to disturb the peace and quiet of the inhabitants of the county, or to keep or maintain in such a manner as to disturb by noxious or offensive odors, or otherwise endanger the health and welfare of the inhabitants of the county.

(Ord. No. 88-16, § VI(D), 6-28-88)
Cross reference(s)--Noise by animals and fowl, § 30-120; offenses against public peace and order, § 54-56 et seq.
 

It is unlawful for the owner of any animal to permit, either willfully or through failure to exercise due care or control, any such animal to commit any nuisance upon the sidewalk or public park; upon the floor or wall of any common hall in any multiple dwelling; upon any entrance way, stairway or wall immediately abutting on a public sidewalk; upon the floor or wall of any theater, shop, store, office building or other building used in common by the public; or upon any private property other than the owners of the animal.

(Ord. No. 88-16, § VI(E), 6-28-88)
 

(a) Use of public property. No person shall display, sell or offer for sale, barter, or give away or otherwise dispose of any animal upon any street, sidewalk or public park.
(b) Turtles. No person shall offer for sale, sell, barter or give away turtles, except in conformance with
appropriate federal regulations.

(Ord. No. 88-16, § VIII, 6-28-88)
 

(a) 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:

Qualified service animal means:

(1) A guide dog trained by a recognized guide dog school to lead a partially or totally blind person;
(2) A hearing ear dog trained by a recognized hearing ear dog school to aid a hearing impaired person;
(3) A service dog trained by a recognized service dog school or training program to assist a mobility impaired person; or
(4) Any other animal approved by the vocational rehabilitation division of the state department of public education as acceptable in public places and trained to provide some special assistance to a person with a mobility impairment.
(b) Admission to public places of qualified service animals. Notwithstanding any other provision of law, a qualified service animal shall be admitted to any building open to the public and 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 totally or partially blind, hearing impaired or mobility impaired person.

(c) Compliance. No person shall fail to comply with the provisions of subsection (b) of this section.

(Ord. No. 88-16, § VI, 6-28-88)
State law reference(s)--Similar provisions, NMSA 1978, §§ 28-11-2--28-11-4.
 

(a) No person shall keep any animal which is wild, fierce, dangerous, noxious or naturally inclined to harm, whether it is trained or not, without having first registered such animal and without providing adequate facilities to prevent such animal from escaping or injuring the public are provided.
(b) Wild animal shall mean any animal of a species that in their natural life are wild, dangerous, and ferocious, and though they may be trained and domesticated, will remain dangerous to others and may injure or kill a citizen in the county. Such animals, however domesticated, shall include, but are not limited to:
(1) Dog family (canidae). All except domesticated dogs, including wolf, fox, coyote, dingo, etc.
(2) Cat family (felidae). All except the commonly accepted domesticated cats, including lions, pumas, panthers, mountain lions, wild cats, etc.
(3) Bears (ursidae). All bears including grizzly bears, brown bears, black bears, etc.
(4) Weasels (mustelidae). All including weasels, martins, mink, wolverine, wild ferrets, badgers, otters, ermine, mongoose, etc.
(5) Racoon (procynnidae). All raccoons including eastern raccoon, desert raccoon, ring tailed cat, etc.
(6) Primates (hominiddae). All subhuman primates.
(7) Porcupine (arethizontidae).
(8) Skunks.
(9) Venomous snakes.
(10) Venomous lizards, alligators and crocodiles.
(11) Venomous fish and piranha.
(Ord. No. 88-16, § IX, 6-28-88)
State law reference(s)--Predatory wild animals, NMSA 1978, § 7-15-1 et seq.

(a) The county manager is responsible for the administration of this article. Reasonable rules and regulations shall be prescribed by the county manager to carry out the intent and purpose of this article, pursuant to standards created by this article. Powers delegated to the county manager may be delegated by the county manager to other appropriate county departments as he may deem expedient for the effectuation of this article.
(b) The county manager, the director, and animal control officers shall have the authority to issue citations for violations of this article and to perform such other duties as are prescribed in this article. An animal control officer shall wear a uniform and identification certifying such officer as being an animal control officer. Identification shall be such as prescribed by the county manager. Identification shall be returned to the director upon cessation of his employment. Neither the county manager or the director, nor any animal control officer shall have the authority to dismiss a citation.

(Ord. No. 88-16, § II, 6-28-88)
 

(a) There are hereby established one or more county animal control facilities which shall be located in such numbers and locations as shall be designated by the county commission.
(b) The animal control facilities of the county shall be operated to provide service to the general public for the transaction of service during the hours set by the county manager.
(c) It is the duty of the animal control officers to take up and impound in such animal impound facility,
designated by the county manager, any estray or any animal kept or maintained contrary to this article.

(Ord. No. 88-16, § III, 6-28-88)
 

(a) No person shall, without the knowledge or consent of the owner, hold or retain possession of any animal of which he is not the owner, for more than 24 hours without first reporting the possession of such animal to the director, giving his name and address, and a true and complete statement of the circumstances under which he took up the animal to an animal control officer upon demand thereof.
(b) Duly incorporated humane societies or rescue arms of accredited dog and cat clubs capable of providing proper confinement, shelters and care for stray or lost animals shall be allowed to assume the care of such animals after notifying the local animal control agency of each animal so sheltered and assume responsibility for finding new homes after three working days of trying to locate the owner.
(c) If an estray animal is wearing a rabies tag or bears other identification, the animal shall be confined in such animal control facility for a period of time in accordance with such facilities impoundment regulations and during such time the owner shall be notified. Furthermore, the owner of the animal shall be responsible for the cost of impoundment whether or not the animal is reclaimed.
(d) Any estray animal which cannot be sold or is not claimed may be destroyed in accordance with the animal control facilities regulations.
(e) It shall be the responsibility of an animal owner redeeming an animal legally impounded under the provisions of this article to reimburse the animal control facility for animal boarding or other costs.
(f) Animal owners requesting removal of any animal shall, at the time of impoundment, be required to sign an owner's release. Animal owners requesting removal of any animal shall at the time of impoundment pay an owner's impoundment fee. Such fee will be directed for each and every animal. The county manager shall prescribe the amount of the impoundment fee.
(g) The director shall maintain a record of all animals impounded. The record shall contain at least the following information:
(1) A complete description of the animal;
(2) The manner and date of its acquisition; and
(3) The date, manner and place of impoundment and impoundment number.
(Ord. No. 88-16, § IV, 6-28-88; Ord. No. 90-23, 9-18-90)

It is unlawful for any person to break into any pound, center or animal control vehicle wherein animals are impounded by the county, or in any other way to remove or assist in the removal of any animal or equipment indigenous to such pound, center or vehicle without lawful permission.

(Ord. No. 88-16, § VI(G), 6-28-88)
 

(a) It is the duty of all persons owning or keeping a dog or cat over the age of three months, to have such animals vaccinated against rabies as prescribed by NMSA 1978, § 77-1-3. The county manager may require other animals to receive annual rabies vaccination.
(b) The veterinarian administering anti-rabies vaccine to any animal shall issue to the owner or keeper of the animal a numbered vaccination certificate. The certificate shall contain the name and address of the owner or keeper of the animal, a description of the animal vaccinated, the date of vaccination and the expiration date of the period of immunity. The veterinarian shall also furnish the owner or keeper with a metal tag bearing the certificate number and the expiration date of the period of immunity. The tag shall be affixed by the owner or keeper to a collar or harness and shall be worn by the dog or cat for which the certificate is issued. A current rabies tag shall be affixed by the owner or keeper to a collar or harness and shall be worn by the dog or cat for which the certificate is issued. A current rabies tag shall be affixed to each dog or cat at all times unless the dog or cat is being kept in an approved kennel, veterinary hospital, is appearing in an approved show or is being trained by a professional trainer. In general, if a nonestray dog or cat does not have an affixed rabies tag and is
deemed critically injured or critically ill by a veterinarian, then a trained and certified animal control officer may euthanize such animal with a report being filed with the county manager. In extreme conditions, trained and certified animal control officers may euthanize such animals, provided they file a report with the county manager.
(c) It is unlawful for the owner or keeper of any dog, cat or any other member of the canine or feline family to fail to exhibit its certificate of vaccination upon demand by the county manager or by his representative. This section does not apply to those animals in the control of the Albuquerque Municipal Zoo or shelters.

(Ord. No. 88-16, § V(A), 6-28-88)
 
 

All persons shall comply with the regulations promulgated pursuant to NMSA 1978, § 77-1-6, pertaining to the reporting of animal bites, confinement and disposition of rabies-suspect animals, rabies quarantine and the disposition of dogs and cats exposed to rabies.

(Ord. No. 88-16, § V(B), (C), 6-28-88)
 

It is unlawful for any person to transfer any rabies tag from one animal to another. It shall be unlawful for any person to manufacture or cause to be manufactured or have in his possession or under his control a stolen, counterfeit or forged animal license tag, rabies tag, vaccination certificate or other form of licensing as required under this article.

(Ord. No. 88-16, § V(F), 6-28-88)
 

It is unlawful for any person to willfully or maliciously kill, maim, disfigure or torture; beat with a stick, chain, club or other object; mutilate, burn or scald with any substance; overdrive; or otherwise cruelly set upon any animal, except that reasonable force may be employed to drive off vicious or trespassing animals.

(Ord. No. 88-16, § VII(A), 6-28-88)
 

It is unlawful to drive or work any animal cruelly.

(Ord. No. 88-16, § VII(B), 6-28-88)
 

It is unlawful for any person to fail, refuse, or neglect to provide any animal in his charge or custody, as owner or otherwise, with adequate food, drink, shade, care, or shelter to maintain good health, or to carry any animal in or upon any vehicle in a cruel or inhumane manner. Any animal, except horses, cattle, pigs, sheep or goats, habitually kept outside shall be provided with a structurally sound, weatherproof enclosure, large enough to accommodate the animal.

(Ord. No. 88-16, § VII(C), 6-28-88)
 

It is unlawful for any person to abandon any animal within the county.

(Ord. No. 88-16, § VII(D), 6-28-88)
 

(a) It is unlawful for any person by any means to make accessible to any animal, with the intent to cause harm or death, any substance which has in any manner been treated or prepared with any harmful poisonous substances for the control of vermin of significance to the public health.
(b) This section does not apply to placement of such substances in order to control vermin of significance to the public health.

(Ord. No. 88-16, § VII(E), 6-28-88)
 

Whenever the county manager finds that any animal is or will be without adequate care because of injury, illness, incarceration or other absence or the owner or person responsible for the care of such animal, the county manager may take up such animal for protective care.

(Ord. No. 88-16, § VII(F), 6-28-88)
 

In regard to any estray without an affixed tag that is deemed critically ill or critically injured by a veterinarian, a trained and certified animal control officer may euthanize such animal with a report being filed with the county manager. In extreme conditions, trained and certified animal control officers may euthanize such animals, provided they file a report with the county manager.

(Ord. No. 88-16, § VII(G), 6-28-88)
 

Every operator of a motor or self-propelled vehicle upon the streets and ways of the county shall immediately upon injuring, striking, maiming or running down any animal give such aid as is reasonably able to be rendered. In the absence of the owner, he shall immediately notify the county manager, furnishing sufficient facts relative to such injury. It is the duty of such operator to remain at or near the scene until such time as the appropriate authorities arrive, and upon the arrival of such person, such operator shall immediately identify himself to the appropriate authorities. Alternatively, in the absence of the owner, a person may give aid by taking the animal to a veterinary hospital or the county animal control and notifying the county manager. Such animal shall be deemed an uncared for animal with the meaning of section 6-176. Emergency vehicles are excluded from this provision.

(Ord. No. 88-16, § VII(H), 6-28-88)
 

It is unlawful for any person to hobble livestock or other animals by any means which may cause injury or damage to any animal.

(Ord. No. 88-16, § VII(I), 6-28-88)
 

It is unlawful for any person to have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling conditions including starvation, except as provided in this article. The county manager may impound such diseased or painfully crippled animal in accordance with the provisions of this article. All such animals impounded may be destroyed humanely as soon thereafter as is conveniently possible.

(Ord. No. 88-16, § VII(J), 6-28-88)
State law reference(s)--Dog fighting, NMSA 1978, § 3-18-9.
 

Chapter 4 ANIMALS AND FOWL*
ARTICLE I. IN GENERAL

Secs. 4-1--4-15. Reserved.

DIVISION 1. GENERALLY
Sec. 4-16. Definition.
Sec. 4-17. Rabies vaccination required.
Sec. 4-18. Instigating or encouraging dog fights prohibited.
Sec. 4-19. Cruelty to animals.
Sec. 4-20. Abandonment; neglect.
Sec. 4-21. Confinement or muzzling of dogs during rabies danger; impounding of dogs not confined or muzzled.
Sec. 4-22. Female dogs in heat.
Sec. 4-23. Running at large prohibited.
Sec. 4-24. Vicious dogs.
Sec. 4-25. Confinement of biting dogs.
Sec. 4-26. Notice of knowledge of violation of section not necessary for prosecution of owner or keeper.
Secs. 4-27--4-35. Reserved.

Sec. 4-36. Required.
Sec. 4-37. Application.
Sec. 4-38. Certificate of inoculation prerequisite to issuance.
Sec. 4-39. Fees.
Sec. 4-40. Tags.
Sec. 4-41. Records to be kept of issuance; duplicates; transfers.
Secs. 4-42--4-50. Reserved.

Sec. 4-51. Establishment of pound.
Sec. 4-52. Authority to impound.
Sec. 4-53. Filing of complaint in municipal court.
Sec. 4-54. Notice to owner or keeper of dog.
Sec. 4-55. Release of impounded dog; destruction of dog.
Sec. 4-56. Disposal of dog of unknown owner or keeper.
Sec. 4-57. Redemption fees.
Sec. 4-58. Sale of impounded dogs.
Sec. 4-59. Interference with dog catcher or policeman performing duties.
Secs. 4-60--4-70. Reserved.

Chapter 4 ANIMALS AND FOWL*

ARTICLE I. IN GENERAL

Secs. 4-1--4-15. Reserved.

DIVISION 1. GENERALLY
Sec. 4-16. Definition.

The word "owner," when used in this article, is any person owning, keeping or harboring any dog.

(Ord. No. 81, § 1, 5-27-75)
Cross reference(s)--Definitions and rules of construction generally, § 1-2.

(a) The owner, possessor or keeper of every dog within the city shall have such dog inoculated against rabies between January first and March first of each year. Dogs purchased, obtained or otherwise acquired or brought into the city subsequent to the first day of March in any calendar year shall be inoculated within thirty (30) days after such acquisition or being brought into the city.

(b) The inoculation required by subsection (a) shall be made by any veterinarian licensed to practice veterinary medicine in this state.

(Ord. No. 81, §§ 4, 5, 5-27-75)
State law reference(s)--Vaccination of dogs and cats required, N.M.S.A. 1978, § 77-1-3 et seq.
 

No person shall cause, instigate or encourage any dog fight within the city.

(Ord. No. 81, § 21, 5-27-75)
 

It shall be unlawful for any person to:
(1) Overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate or needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel and inhumane manner any animal; or cause any of these acts to be done; or
(2) Fail to provide any animal in his charge or custody with necessary sustenance or drink or cause any of these acts to be done; or
(3) Poison any animal other than common pests or distribute poison in any manner whatever with the intent or for the purpose of poisoning any animal other than common pests; provided, however, that prior to the spreading of any poison outside of any building for the control of common pests, permission to so act shall be secured from the chief of police or his authorized representative; or
(4) Shoot at, wound, take, capture, ensnare, trap or in any other manner molest or injure any domestic animal or insectivorous bird.
State law reference(s)--Cruelty to animals, N.M.S.A. 1978, § 30-18-1.
 

It is unlawful for any person to intentionally abandon or neglect animals anywhere within the city.
 

Whenever the mayor shall be of the opinion that any danger exists from hydrophobia in the city or other danger exists from dogsrunning at large within the city, he shall issue his proclamation requiring every owner, possessor or keeper of any dog within the city to confine or securely muzzle the same for such time as he may designate, during which time it is unlawful for any dog to be within the city unless so securely muzzled with a good and substantial wire or leather muzzle securely fastened and put on so as to prevent any such dog from biting. It shall be the duty of the dog catcher and all police officers of the city to take up and impound any dog that may be found during the time so designated by the mayor as aforesaid unless muzzled or confined as herein provided.
 
(Ord. No. 81, § 22, 5-27-75)
State law reference(s)--Quarantine, N.M.S.A. 1978, § 77-1-8.

Any unspayed female dog, while in heat, shall be securely confined during such period in the owner's yard, pen or other enclosure. Such yard, pen or other enclosure shall be so constructed or situated as to prevent other dogs from gaining access to such yard, pen or other enclosure.

(Ord. No. 81, § 23, 5-27-75)
 

It is unlawful for any owner, possessor or keeper of any dog in the city to permit the same to run at large within the city. A dog shall be deemed to be running at large when off or away from the premises of the owner, possessor or keeper or his agent or servant or a member of his immediate family, not restrained either by leash, cord or chain, not more than ten (10) feet in length.

(Ord. No. 81, § 24, 5-27-75)
Cross reference(s)--Streets, sidewalks and other public places, Ch. 15.
State law reference(s)--Impoundment of dogs running at large, N.M.S.A. 1978, § 77-1-9; running at large in municipalities, N.M.S.A. 1978, § 77-1-12.
 

No person shall own, keep, possess or harbor a vicious dog within the city. As used in this section, a vicious dog is a dog that unprovokedly bites or attacks human beings or other animals either on public or private property or in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks or any public ground or place. The dog catcher and all police officers shall take up and impound any dog which is a vicious dog. If a vicious dog cannot be taken up and caught by the dog catcher or any police officer without such dog catcher or police officer exposing himself to danger of personal injury from such dog, the dog catcher or any police officer may forthwith destroy such dog without notic e to the owner, keeper or possessor thereof.

(Ord. No. 81, § 25, 5-27-75)
State law reference(s)--Vicious animals, N.M.S.A. 1978, § 77-1-10.
 

(a) The owner, possessor or keeper of any dog which has bitten or which is suspected to have bitten any person or which is suspected of having rabies shall immediately notify the dog catcher or any police officer of such fact.
(b) Any dog which has bitten or which is suspected to have bitten any person or which is believed to have rabies or to have been exposed to rabies shall be confined, upon order of the dog catcher or any police officer, for a period of ninety (90) days for observation. Such dog shall either be confined at the residence of the owner, possessor or keeper thereof, if such confinement can be accomplished without exposing such dog to the public, or, at the option of the dog catcher or any police officer, such dog shall be confined at the city pound or at a private veterinary hospital at the expense of the owner, possessor or keeper of the dog. It is unlawful for any owner, possessor or keeper of such dog to permit such dog during confinement to come into contact with the public.

(Ord. No. 81, § 26, 5-27-75)
State law reference(s)--Similar provisions, N.M.S.A. 1978, §§ 77-1-6, 77-1-7.
 

For the purpose of prosecution for violations of this article, it shall not be necessary in order to obtain a conviction to prove notice or knowledge on the part of the owner, possessor or keeper of the dog in question that such dog was violating any of the provisions of this article at the time and place charged, it being the purpose and intent of this article to impose strict liability upon the owner, possessor or keeper of any dog for the actions, conduct and condition of such dog.

(Ord. No. 81, § 27, 5-27-75)
 

The owner, possessor or keeper of any dog within the city shall secure a license for such dog from the clerk-treasurer on or before the first day of March of each year or within thirty (30) days after the dog reaches the age of three (3) months. Dogs purchased, obtained or otherwise acquired subsequent to the first day of March in any calendar year shall be licensed within thirty (30) days after such acquisition. New residents of this city shall have thirty (30) days after becoming residents to secure a license hereunder.

(Ord. No. 81, § 2, 5-27-75)
 

All applications for a license under this division shall be made on forms provided by the clerk-treasurer.

(Ord. No. 81, § 6, 5-27-75)
 

Upon application for a dog license, the applicant shall exhibit to the clerk-treasurer a certificate from a licensed veterinarian that the dog has been inoculated against rabies as required by this article.

(Ord. No. 81, § 6, 5-27-75)
 

The annual license fee for dogs within this city shall be two dollars ($2.00) for males and spayed females and five dollars ($5.00) for unspayed females.

(Ord. No. 81, § 3, 5-27-75)
 

(a) Issuance. It is the duty of the clerk-treasurer to deliver or cause to be delivered to each person making application for a license, paying the license fee provided for in section 4-39, and presenting the certificate of inoculation required by section 4-38, a dog tag for each dog licensed and inoculated.
(b) Possession. Only those persons who own, possess or keep a dog duly licensed and inoculated in accordance with the provisions of this article shall be permitted to possess a dog tag as herein provided for.
(c) Description. The dog tag provided for in subsection (a) shall be of such size, shape, color and material as may be deemed expedient and suitable by the clerk-treasurer. Such tag shall contain a number stamped thereon in numerical order beginning with number one and shall also indicate the year for which the same is issued and the words, "City of Bloomfield."
(d) Attachment to dog's collar or harness. Every owner, possessor or keeper of a dog within the city shall place upon such dog a collar or harness made of durable material to which the dog tag provided for in subsection (a) shall be attached.
(e) To be worn only by licensed dogs. No person shall affix to the collar or harness of any dog or permit to remain so affixed a tag evidencing licensing and rabies inoculation except the dog tag issued to that dog at the time of issuance of its license.

(Ord. No. 81, §§ 7--11, 5-27-75)
 

The clerk-treasurer shall keep a record of the date of issue of each dog tag and the person to whom such tag is issued and the number thereof. If the dog tag is lost or destroyed, a duplicate tag may be obtained from the clerk-treasurer upon the payment of a fee of fifty cents ($0.50). If the ownership or possession of a dog is changed, a new dog tag must be obtained and such new dog tag shall be issued by the clerk-treasurer upon proof being presented that the inoculation and licensing requirements of section 4-38 have been complied with and upon the payment of the fee of fifty cents ($0.50).

(Ord. No. 81, § 12, 5-27-75)
 

The clerk-treasurer may establish a dog pound for the city to be operated by city personnel, or at his election, he may, subject to the approval of the city council, contract with a public or private person or organization for the operation of a dog pound for and on behalf of the city.

(Ord. No. 81, § 81, 5-27-75)
 

It is lawful for the dog catcher and all police officers to impound any dog which is not wearing a dog tag and any dog which they reasonably feel to be in violation of any of the provisions of this article, whether such dog is wearing a dog tag or not. It is lawful for the dog catcher or any police officer to go upon private property for the purpose of catching any dog to be impounded.

(Ord. No. 81, § 13, 5-27-75)
 

If a dog is impounded, the dog catcher or any police officer shall immediately institute proceedings in the municipal court on behalf of the city against the owner, possessor or keeper of such dog if known, charging the owner, possessor or keeper with a violation of the appropriate section. Nothing herein contained shall be construed as preventing the dog catcher, any police officer or any citizens from instituting a proceeding in the municipal court in the city for violation of this section where there is no impoundment.

(Ord. No. 81, § 15, 5-27-75)
 

As soon as practicable after the date of impoundment, the dog catcher shall send by regular mail a written notice of such impoundment to the owner, possessor or keeper of such dog if the address of such person be known; if the owner, possessor or keeper of such dog is not known or if his address cannot be determined, the dog catcher shall cause to be posted in a conspicuous place in the city for at least three (3) consecutive days a notice of impoundment. Whether the notice herein provided be mailed or posted, it shall describe the dog, set forth the date of impoundment and describe the location where the dog was taken.

(Ord. No. 81, § 16, 5-27-75; Ord. No. 82, § 1, 7-14-75)