(A) Enforcement officials. Animal Control Officers, defined herein and designated by the City Manager, are authorized to enforce the provisions of this chapter and to issue warnings and citations for violations of this chapter. The city may contract with outside entities for animal control and impounding.
(B) Interference prohibited. It is illegal for any person to interfere with, hinder, molest, resist, prevent, or oppose an Animal Control Officer in the performance of his or her duties in enforcing any provision of this chapter, or to secret any animal from them that requires attention.
(C) Right to inspect premises. The Animal Control Officer in performance of his or her duties, is authorized to inspect premises. If the owner or occupant of the premises objects to inspection, the Animal Control Officer shall obtain a warrant from a court of competent jurisdiction prior to inspection. No warrant shall be necessary if probable cause exists that an emergency requiring inspection or investigation is believed to occur.
(D) Right of entry to pursue animals at large. The Animal Control Officer, in the performance of his or her duties, may without permission enter upon private property except into a private residential structure, for the purpose of apprehending animals running at large and stray animals.
(E) Restraint of animals at large. The Animal Control Officer has the authority to capture and restrain animals at large using necessary force and non-injurious equipment. The officer has the authority to return a stray non-vicious animal to its rightful owner or keeper or to impound the animal.
(F) Use of lethal force by peace officer. A peace officer, pursuant to the provisions of NMSA § 77-1-9 (1978), may use such lethal force as is necessary against an animal to prevent injury to the peace officer, other persons, domestic animals, or livestock. A Code Enforcement or Animal Control Officer, in performing their normal duties, may use such lethal force as is necessary against an animal to prevent injury to the officer, other persons, domestic animals, or livestock.
(G) Notification of offense. Citizens who have personal knowledge of a violation to this chapter may make complaints to the city or Sierra County Sheriffs Office Dispatch. The city's Code Enforcement Officer may investigate the complaint and may refer the matter to the Sheriffs Department for Animal Control. False complaints are illegal.
(Ord. 131, passed 1-4-2012; Am. Ord. 134, passed 7-25-2012; Am. Ord. 179, passed 6-5-2019)