The following terms, words, and phrases as used in this chapter are hereby defined as follows:
ABANDONMENT: To leave an animal without food, water or shelter for more than twenty four (24) hours on one's premises or to dump or leave off a domestic animal on property other than one's own without permission.
ANIMAL: Any living vertebrate creature or invertebrate creature. This chapter includes: domestic animals, dogs, cats, and potbellied pigs and other animals such as livestock, fish, fowl, reptiles, birds, and exotic or endangered species.
ANIMAL CONTROL OFFICER: A person given the responsibility of enforcing the provisions of this chapter in regard to animals in violation of regulations, pick up of dead animals, calls by owners for pick ups, nuisance calls, and twenty four (24) hour a day response to emergency calls (7 days a week). Enforcement of these chapter provisions shall be provided by either animal shelter employees or city law or code enforcement officers.
ANIMAL SHELTER: A facility authorized to house, care for, and dispose of animals. The animal shelter must accept all dogs, cats, and potbellied pigs brought to the shelter. The shelter manager and staff maintains records of each animal that enters, issues licenses, collects fines, etc.
CURRENT ANIMAL SHELTER FEE SCHEDULE: A schedule of fees recommended by the Deming-Luna Humane Society and adopted by the Deming city council for purposes of this chapter.
DANGEROUS ANIMAL: Any animal which, when unprovoked, engages in behavior that requires defensive action by a person to prevent bodily injury to a person or other animal when off the property of the owner of the attacking animal; or any animal which, when unprovoked, injures a person to a minor degree.
FEES, PERMITS, AND ANIMAL LICENSES: All fees, permits, and animal licenses in this chapter are to be paid at the animal shelter.
FINES: Fines assessed will processed through the municipal court system.
GUARD DOGS: A dog that is used to protect a private or commercial property.
HUMANE EUTHANASIA: The only methods of euthanasia used shall be those certified by the Humane Society of the United States as painless, rapid, and minimizing fear and trauma in the animal.
INTACT ANIMAL: An animal which has not been sterilized.
KEEPER: Any person who owns, keeps or has control or custody of an animal for more than six (6) days; provided that this term shall not apply to veterinary clinics or professional kennel owners temporarily maintaining on their premises animals owned by others.
KENNEL - RESIDENTIAL: Premises on which dogs, cats, or potbellied pigs or any combination thereof with five (5), but no more than seven (7) in number, four (4) months or older, are kept without the intention of buying, selling, breeding, or boarding animals.
LICENSES AND PERMITS: Annual licenses for pets. Intact animal permits. Premises inspection for guard dogs and kennels.
LIVESTOCK AND OTHERS: Animals such as bovines, equines, sheep, pigs, goats, rabbits, rodents, reptiles and fowl.
NUISANCE: Includes, but is not limited to, defecation, disturbing the peace by persistently barking, howling or making noise, emitting noxious or offensive odors or harassment of or endangering area residents, pets or domestic animals.
OWNER: A person who has title to, possession of, custody or control of an animal. Any adult who causes or permits a minor child in his household to harbor or keep an animal.
OWNER RESPONSIBILITY: On owner's premises, animals must be within a penned area, fenced yard, or within a building. All must have access to food, water and shelter. For dogs, tether chains must be tangle proof at both ends and at least twelve feet (12') long to allow exercise and not weigh more than one-eighth (1/8) of the dog's weight.
PET: Any animal kept and maintained by a person for noncommercial purposes.
PREMISES: Any place where animals are kept or sheltered.
QUARANTINE: To detain or isolate an animal suspected of being infected with rabies or other disease which represents a health risk to the public or other animals.
RABIES INOCULATIONS: By law, all animals are required to have annual rabies inoculations and to wear the tags issued.
RUNNING AT LARGE: An animal shall be deemed to be running at large when it is off the premises of the keeper, and not under direct control of a competent person.
STRAY: Any animal which is not physically restrained or controlled and has no identifiable keeper.
VACCINATION: A protection against rabies by inoculation with antirabies vaccine to provide protection for a minimum of one year.
VETERINARIAN: A doctor of veterinary medicine licensed by the New Mexico board of veterinary medicine.
VICIOUS ANIMAL: Any animal which has bitten, exhibits a tendency to bite, or in any manner attacks, attempts to attack or bite any person except that any animal that exhibits such behavior when provoked by a person trespassing upon its owner's or custodian's premises shall not be deemed a vicious animal. Additionally, any animal which kills or maims any other animal when unprovoked shall also be defined as a vicious animal. (Ord. 1067, 9-9-2002)