A. A guard dog may be used at commercial property only.
B. No person shall use a guard dog without having a New Mexico tax ID number and a Gallup business registration.
C. Owner of an unsterilized guard dog must have a hobby breeder permit.
D. A guard dog shall not be used for property in a residential neighborhood or within two hundred fifty feet (250') of a school.
E. The area where the guard dog is to be used shall be secured in such a manner as to prevent its escape.
1. The outside area where the guard dog is on duty must be enclosed by a secure fence at least six feet (6') in height with a forty five degree (45°) angled top which extends back into the enclosure. Such extension shall not be included in the measurement of the fence height and shall not be made of barbed wire or other similar material which would harm the dog. Enclosure shall be designed to effectively contain the animal at all times.
2. The doors, windows, and all other openings to the outside of a building in which a guard dog is on duty shall be secured to prevent its escape.
F. The property using a guard dog shall be posted with warning signs at least twenty four by twelve inches (24 x 12") with three inch (3") letters.
1. The warning signs shall state "Guard Dog" and "Guardia" and shall show a picture of an aggressive dog.
2. The warning signs shall be posted not more than fifty feet (50') apart on the exterior of the fences or walls surrounding the property and shall be posted at all exterior corners of the site and at every entrance to the site.
G. The escape of a guard dog from a guard dog site is a violation of this section and can constitute a basis for seizure of the dog.
H. A guard dog shall have a current rabies tag and a valid license tag securely affixed to its collar or harness.
I. If the city manager determines it is necessary to control noise at the guard dog site, the city manager may require the owner of the site or owner of the guard dog to construct a barrier which breaks the guard dog's line of sight to the exterior and adequately buffers the noise.
J. Vehicles used to transport guard dogs shall be secured so the public is protected from injury, shall be constructed or modified to ensure that the guard dog is transported in a safe and humane manner that does not violate this chapter, and shall be posted with warning signs on each side of the vehicle.
K. No breeding of animals is allowed at a guard dog site. (Ord. 2012-10, 11-13-2012)