A. The City Manager, Supervisor and animal protection officers shall have the authority, and are directed to investigate any alleged violation of this chapter or of any law of the State of New Mexico relating to the care, treatment, control and prevention of cruelty to animals.
B. Animal protection officers are authorized to inspect premises as necessary to perform their duties. If the owner or occupant of the premises objects to inspection, a warrant shall be obtained from a court of competent jurisdiction prior to inspection. No warrant shall be necessary if probable cause exists to believe that there is an emergency requiring such inspection or investigation.
C. Whenever an animal protection officer has probable cause to believe that a person has violated this chapter, the officer may prepare a criminal complaint to be filed with the appropriate court or prepare a citation for the alleged violator to appear in court. The citation shall contain the name, address and telephone number, if known, of the person violating this chapter, the driver's license number of such violator, if known, the Code section allegedly violated, and the date and place when and where such person allegedly committed the violation, and the location where such person shall appear in court and the deadline for appearance. The officer shall present the citation to the person he has probable cause to believe violated the Code section in order to secure the alleged violator's written promise to appear in court by having the alleged violator sign a copy of the citation. The officer shall deliver a copy of the citation to the person promising to appear.
D. If the alleged violator refuses to give his written promise to appear, the officer shall file a criminal complaint with the City of Gallup Municipal Court. (Ord. 2017-10, 12-12-2017)