(A) Guard dogs are allowed on commercial and industrial property only and are not allowed on residential property.
(B) No more than two guard dogs are allowed per commercial property.
(C) Permit inspection. The owner or keeper of a guard dog may obtain a permit after satisfactorily passing a city permit inspection, payment of the appropriate permit fee, and proof of business registration. The operator shall post the permit in a conspicuous place on the premises. Permits are non-transferable.
(D) Permit required. Within 90 days of the effective date of this chapter, every owner of a dog that has undergone specialized guard dog training and is used to guard commercial or industrial property shall register the guard dog with the city in order to obtain a city-issued guard dog permit.
(1) Registration shall include the following:
(a) Name, address, and telephone number of the dog's owner;
(b) Address where the dog is harbored if different from the owner's address;
(c) Complete identification of the dog including the dog's sex, color, and any other distinguishing physical characteristics;
(d) Two recent color photographs of the dog;
(e) Proof of $100,000 liability insurance for damage, bodily injury, or death of a person;
(f) Proof of a current rabies vaccination (rabies tag number);
(g) Veterinary record of neutering or spaying of dog older than six months of age;
(h) Tattoo number with a photograph of the tattoo or microchip number for a microchip containing owner identification information that is also provided to the Animal Control Authority;
(i) Copy of the guard dog training certificate;
(j) City-approved guard dog warning sign displayed on premises;
(k) Registration tag or collar issued by the city that shall be worn by the dog at all times.
(l) Veterinarian's name and telephone number;
(m) Annual registration fee paid in full;
(n) A written plan describing how the guard dog is to be confined on the property;
(o) A signed statement that the owner or keeper of the dog shall keep the dog under control at all times;
(p) A signed statement that the owner or keeper of the dog shall immediately notify the Animal Control Officer in the event of any of the following and that failure to provide notification is illegal under state law, NMSA § 77-1A-6:
1. Immediate notification of the dog's escape from confinement;
2. Immediate notification of attack by the dog upon a human being, a domestic animal, or livestock;
3. Notification within five business days of the dog's death; and
4. Notification within 24 hours if the dog has been sold or given away and provide the name, address and telephone number of the new owner of the dog.
(q) A signed statement agreeing to abide with state law, NMSA § 77-1A-6, that it is illegal to:
1. Fail to surrender the dog to an Animal Control Authority for safe confinement pending a determination of the case when there is reason to believe that the dog poses an imminent threat to public safety; and
2. Fail to comply with special handling or care requirements for the dog that a court ordered.
(r) The owner or keeper of the dog shall provide the certificate of registration to the Animal Control Officer upon request.
(2) Between July 1 and July 31 of each year, the owner or keeper of a guard dog shall renew the dog's city permit and pay an annual registration fee.
(E) Warning signs required. Commercial property using a guard dog shall have city-approved warning signs at least 12 inches long that shall state "Guard Dog" and "Guardia" or similar language and shall show a picture of an aggressive dog that shall be posted not farther than 200 feet apart on the exterior of the fences and walls surrounding the property.
(F) Containment of guard dog on the property. Commercial property with a guard dog shall ensure the area where the guard dog is used shall be secured in such a manner as to prevent its escape and shall include fencing at least six feet high or higher if necessary to prevent the dog from jumping over the fence and a minimum of two feet in depth to prevent the dog from digging under the fence, and constructed of un-chewable and non-climbable materials.
(G) Guard dogs confined to property. It is illegal to allow trained guard dogs off the owner's property unless the dog is being transported in an enclosed vehicle for medical treatment, examination, training, or boarding in a registered facility.
(H) Transporting guard dogs. Guard dogs transported in motor vehicles shall be confined in a secure crate in a closed, locked vehicle to prevent opportunities for escape and in a manner sufficient to prevent the public from coming into contact with the dog through an open window in the vehicle.
(I) Notification of escape. The owner or keeper of a guard dog shall immediately notify the City Code Enforcement Officer and the Animal Control Authority by calling the Sheriffs Office dispatch in the event the dog escapes confinement.
(J) Notification of attack. The owner or keeper of a guard dog shall immediately notify the City Code Enforcement Officer and the Animal Control Authority in the event the dog attacks a human being, a domestic animal, or livestock.
(K) Routine inspections. Owners or keepers of guard dogs shall submit to routine inspections by the Animal Control Officer and shall post the permit and permit inspections on the premises.
(Ord. 131, passed 1-4-2012; Am. Ord. 134, passed 7-25-2012; Am. Ord. 179, passed 6-5-2019)