§ 91.51 CRUELTY OR NEGLECT.
   (A)   Physical abuse.
      (1)   It is illegal for any person to willfully or maliciously kill; injure; maim; disfigure; torture; torment; beat with a stick, chain, club or other object; mutilate, burn or scald with any substance; overdrive or otherwise cruelly set upon any animal except that necessary force may be employed to drive off vicious or trespassing animals.
      (2)   Exemptions. (Reference; 2005 NM HB 878)
         (a)   Hunting, fishing, trapping, or falconry in accordance with the law;
         (b)   The treatment of animals used on farms and ranchers for the production of food and fiber in accordance with common animal husbandry.
         (c)   Commonly accepted Mexican and American rodeo practices.
         (d)   Research facilities licensed pursuant to the provisions of 7 U.S.C. § 2136 when adhering to legally recognized protocol.
   (B)   Tethering. It is illegal to tether a dog within the city limits.
   (C)   Animal poisoning. It is illegal for any person by any means to make accessible to any animal, with the intent to cause harm or death, any substance that has in any manner been treated or prepared with any harmful poisonous substance. It is not the intent of this section to prohibit the use of poisonous substances for the control of vermin of significance to the public health.
   (D)   Care and maintenance. It is illegal for any person to fail, refuse, or neglect to provide any animal in his or her charge or custody, as owner or otherwise, with adequate food, drink, shade, ventilation, care, sanitation, or shelter to maintain good health.
   (E)   Animal hoarding. It is illegal and considered cruelty and neglect and a public nuisance and sanitation violation to hoard animals and collect stray animals for the purpose of hoarding.
   (F)   Animal Control Authority duty. When it is reported that domestic animals or livestock have been neglected or treated cruelly, the Animal Control Authority will be contacted for removal of animal(s) and the owner or caretaker of the animal(s) will be fined a penalty and/or cost assessed with removal and care of the animal(s).
(Ord. 131, passed 1-4-2012; Am. Ord. 134, passed 7-25-2012; Am. Ord. 179, passed 6-5-2019)