For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT OF ANIMALS. To leave the animal behind without proper care and protection, to give up the animal to fend for itself, regardless of age or condition.
ANIMAL CONTROL AUTHORITY. An entity authorized to enforce the animal control laws of a city, county, or state, whether acting alone or in concert with other governmental authorities.
ANIMAL CONTROL OFFICER. Any person authorized by the City Manager, and certified as may be required by state law, to enforce the animal control laws of the city, county and state.
ANIMALS AT LARGE. Animals outside the property of the owner or not controlled on a leash. Except as otherwise specified herein, a leash shall be not more than eight feet in length and shall be of sufficient strength to control the actions of such animal while off premises.
BREEDING. Permitting, either intentionally or unintentionally, a female animal to produce offspring.
BURIED ELECTRONIC FENCE OR INVISIBLE FENCE. A commercially available system which uses a buried wire along the perimeter of a premises that transmits a signal to a receiver attached to the collar of the dog which gives the dog an electronic shock or other warning when the dog approaches the buried perimeter.
CANINE HYBRID. Any canine that has or had a pure wolf or pure coyote as a parent or grandparent or is the offspring, cross, mix, or hybrid of a wolf or
coyote within the preceding two generations, or any animal due to its pure wolf or pure coyote ancestry cannot be vaccinated effectively against rabies.
CAT. Any member of the family felis domestica.
CRUELTY. The crime of inflicting physical pain, suffering, or death on an animal, usually a tame one, beyond necessity for normal discipline. Cruelty can include neglect to the extent that an animal suffers, dies, or is put in imminent danger of death.
DANGEROUS ANIMAL. An animal that has a documented and verified history in the form of an animal control authority report, police report, finding by any court of law, or a medical report of having caused a serious injury to a person, domestic animal, or livestock when the animal was not provoked or threatened or defending its territory. A snake or lizard which, because of its poisonous bite, is a significant hazard to the public.
DANGEROUS DOG. A dog that has caused the death of or serious injury to a person or a domestic animal.
DOG. Both male and female, and includes each mammal of the dog family in the city.
EXOTIC ANIMAL. Any animal that is not native to New Mexico and not typically identified as a domestic pet.
FULL TIME RESIDENT. A person residing inside the city limits over 90 days within a 12 month period. The 90 days may or may not be consecutive.
GUARD DOG. A dog that has undergone specialized guard dog training and is used to protect a commercial property, but excludes a dog used exclusively to guard livestock.
HARBOR. To feed, shelter, or maintain an animal for three consecutive days or more.
HOARDING. The possession of a number of animals in a quantity such that the owner fails or is unable to provide minimum care including nutrition, fresh potable water, shelter, space, sanitation, and necessary veterinary care for all of the animals and, due to the failure or inability to provide minimum care, the animals' living conditions negatively impact their health and well-being resulting in animal death, bodily injury, or other serious adverse health consequences. The possessor of the animals displays an inability to recognize or understand the nature of, or has a reckless disregard for, the harmful nature of the animals' living conditions and the deleterious impact of those living conditions on the health and well-being of the animal.
KENNEL (COMMERCIAL). Any premises on which five or more dogs or five or more cats or any combination of eight or more dogs and cats four months of age or older are kept and/or where the business of buying, selling, breeding, training, or boarding of dogs and/or cats is conducted. This
definition does not apply to veterinary hospitals, humane societies, animal shelters, or pounds approved by a governmental agency.
LIVESTOCK. Horses, cattle, burros, mules, llama, pigs, sheep, goats, rabbits, fowl, or any other domestic animals typically used in the production of food, fiber, or other products or activities defined by the city as agricultural.
MICROCHIP. A passive transponder which can be implanted in an animal by injection.
MULTIPLE ANIMAL SITE. A site including private residences, commercial properties, and any other site with five or more of one species, or any combination of eight or more domesticated dogs, cats, ferrets, rabbits, guinea pigs, or other domesticated mammal, including livestock, allowed in the city limits over the age of four months.
MUZZLE. A leather, wire, or device that, when fitted over an animal's snout, prevents biting and eating.
NEGLECT. Withholding or not giving an animal proper nutrition, water, shelter, sanitation, or veterinary care.
OWNER. Any person or persons, firm, association, or corporation having the right of property or custody of an animal or who keeps, maintains and/or feeds, or harbors an animal or knowingly permits an animal to remain on or about any premises occupied by said person or persons, firm, association, or corporation for a period of three days or more. The term shall also include any member of the immediate family and any employee.
POTENTIALLY DANGEROUS DOG.
(1) A dog that may reasonably be assumed to pose a threat to public safety as demonstrated by the following behaviors:
(a) Causing an injury to a person or domestic animal that is less severe than a serious injury;
(b) Chasing or menacing a person or domestic animal in an aggressive manner and without provocation; or
(c) Acting in a highly aggressive manner within a fenced yard or enclosure and appearing able to jump out of the yard or enclosure.
(2) Potentially dangerous dogs under NMSA 1978 § 77-1A-3 a dog shall not be declared a dangerous or potentially dangerous dog if:
(a) The dog was used by a law enforcement official for legitimate law enforcement purposes;
(b) The threat, injury, or damage was sustained by a person or domestic animal who was:
1. Trespassing upon the premises occupied by the owner or the dog;
2. Provoking, tormenting, abusing, or assaulting the dog or had repeatedly in the past, provoked, tormented, abused or assaulted the dog;
3. Committing or attempting to commit a crime; or
(c) The dog was:
1. Responding to pain or injury;
2. Protecting itself or its offspring; or
3. Protecting or defending a human being or domestic animal from attack or assault.
PROPER ENCLOSURE. Applicable to dogs individually classified as potentially dangerous, a secure confinement indoors or outdoors, including a locked, fenced yard, locked pen, or other locked structure that is designed to prevent the animal from escaping the confined area and keeping young children from entering the confined area. Proper enclosure does not include a buried electronic fence or invisible fence, chaining, restraining, or otherwise affixing the animal to a stationary object.
PUBLIC NUISANCE. Occurs where an animal owner fails to prevent its animal from urinating, defecating, disturbing the peace, emitting noxious odors, or otherwise endangering or offending the well being of the inhabitants of the city while:
(1) Trespassing on school grounds, public property, or private property;
(2) Being found running at large;
(3) Damaging private or public property; or
(4) Barking, whining, or howling in an excessive or continuous fashion.
QUALIFIED ASSISTANCE ANIMAL. As used in the assistance Animal Act NMSA § 28- 11-3 1978, a qualified assistance animal is:
(1) A dog trained or being trained by a recognized school for training dogs to assist persons with disabilities;
(2) An animal recognized as a service animal pursuant to the Americans with Disabilities Act of 1990; or
(3) Any other animal approved by the governor's committee on concerns of the handicapped as acceptable in public places trained to provide some special assistance to a person with a disability.
SERVICE DOG. Any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the handler's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. Any dog used primarily as a service animal or in training as a service animal where the owner or keeper establishes the service animal's function as an assistance animal under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
SERIOUS INJURY. A physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.
STRAY ANIMAL. A dog, cat, other domesticated animal, or livestock found running at large.
TORMENTING OF ANIMALS. The act of bothering, annoying, distracting, or agitating an animal.
VICIOUS ANIMAL. Any animal that bites or in other manner attacks or attempts to attack any person or animal within the city, except that an animal that bites, attacks, or attempts to attack any person who is unlawfully upon the animal's owner's or keeper's premises, or which is provoked to attack, shall not be deemed a vicious animal.
VIOLATION. Defined to occur when a written complaint is received by the city and the complaint is found to have merit.
WILD LIFE. Any animal that occurs naturally in a wild state.
(Ord. 131, passed 1-4-2012; Am. Ord. 134, passed 7-25-2012; Am. Ord. 179, passed 6-5-2019)