A. Repeat Offenses: Three (3) or more violations of any one or any combination of section 6-2-14 of this chapter shall constitute an act of cruelty to animals. A repeat offender shall be deemed guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars ($500.00) and/or imprisonment for a period not exceeding six (6) months.
1. In cases of repeat offenses under section 6-2-14 of this chapter, an animal control officer shall have the authority to impound any animal subjected to cruelty, neglect or abandonment. The animal may not be returned to its owner before a hearing in the appropriate court, if in the opinion of the animal control officer, the harm to the animal is severe and likely to recur.
2. In addition to the above penalties, any person found violating the terms of this chapter or any similar statute or ordinance within or without the state of New Mexico may, as a condition of probation, lose his/her right to own or keep an animal for a period as follows: ninety (90) days for a first offense; one year for a second offense; and five (5) years for a third offense.
3. Notwithstanding the above, the court may permanently ban an individual from owning or possessing any animals for a period of time deemed reasonable by said court, if that person has been convicted of any offense involving cruelty to animals.
B. Suspensions, Revocations Of Permits: When a permitted premises is in violation of this chapter a notice will be given to the permit holder of the specific violation, a time limit to correct it, and the warning that failure to comply may result in immediate suspension or revocation of the permit. A person whose permit has been suspended may apply for an inspection of the premises for the purpose of reinstating the permit. The suspension may be lifted when the inspection determines the violations have been corrected. The reinstated permit shall expire on the date of expiration of the previously suspended permit.
C. Appeal Procedures For Permit Denial, Suspension Or Revocation: When a permit is revoked or renewal is refused, the person may submit a written request for a hearing. The written request must be received within ten (10) days after the permit holder is notified of the revocation or renewal is refused. The applicant shall be afforded a fair hearing within a reasonable time which provides the basic safeguards of due process hearing shall be conducted.
1. The opportunity to examine before the hearing, and, at the expense of the applicant, to copy all documents, records and regulations of the animal control department that are relevant to the hearing. Any document not made available by the animal control department after a written request by the applicant may not be relied upon by the animal control department at the hearing.
2. The right to present evidence and arguments in support of his appeal to controvert evidence relied on by the department, and to confront and cross examine all witnesses on whose testimony or information the department relies.
3. The hearing officer shall prepare a written report of his findings and decision based solely and exclusively upon the facts presented at the hearing within ten (10) days and provide copies to the parties.
4. An appeal from a notice or inspection finding will be provided if a written request for a hearing is filed at the shelter within five (5) days of receipt of the notice.
D. Misdemeanor: Any person who violates any of the provisions of this chapter may be charged with a misdemeanor and, upon conviction thereof, may be punished by a fine not to exceed three hundred dollars ($300.00) and/or imprisonment for a period not to exceed ninety (90) days, or both such fine and imprisonment. Each day of violation shall be considered a separate offense.
E. Cruelty To Animals: Whoever commits cruelty to animals is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of section 31-19-1 New Mexico Statutes Annotated, 1978. Upon a fourth or subsequent conviction for committing cruelty to animals, the offender is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of section 31-18 New Mexico Statutes Annotated, 1978.
F. Extreme Cruelty: Whoever commits extreme cruelty to animals is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of section 31-18-15 New Mexico Statutes Annotated, 1978.
G. Penalty For Poisoning: Any person who distributes or sets out poison for animals other than for the eradication of vermin within the boundaries of the city of Deming, New Mexico, shall pay a fine of not less than three hundred dollars ($300.00) and be imprisoned in the Luna County jail for not less than thirty (30) days nor more than ninety (90) days. (Ord. 1067, 9-9-2002)