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Gallup Overview
Gallup, NM Code of Ordinances
CITY CODE of GALLUP, NEW MEXICO
PREFACE
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTED ORDINANCE
CITY CHARTER
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS AND COMMISSIONS
TITLE 3 BUSINESS AND LICENSE REGULATIONS
TITLE 4 PUBLIC HEALTH AND SAFETY
TITLE 5 POLICE REGULATIONS
CHAPTER 1 GENERAL OFFENSES
CHAPTER 2 PROTECTIVE CUSTODY
CHAPTER 3 GALLUP-METRO ANIMAL CONTROL
5-3-1: SHORT TITLE:
5-3-2: DEFINITIONS:
5-3-3: RULES AND REGULATIONS:
5-3-4: PROCEDURES FOR COMPLAINTS:
5-3-5: PROCEDURE FOR CITY MANAGER AND ANIMAL PROTECTION OFFICERS:
5-3-6: WAIVER:
5-3-7: FEES, PERMITS AND LICENSES:
5-3-8: CITY ANIMAL PROTECTION FACILITIES:
5-3-9: IMPOUNDING ANIMALS:
5-3-10: SEIZURE AND DISPOSITION OF ANIMALS:
5-3-11: RETENTION OF STRAYS OR OWNER SURRENDERED ANIMALS:
5-3-12: GENERAL PROVISIONS:
5-3-13: SHELTER-REFUGE-PROFESSIONAL ANIMAL PERMIT AND HOBBY BREEDER PERMIT:
5-3-14: PET STORE:
5-3-15: GUARD DOG SITE:
5-3-16: LITTER PERMIT:
5-3-17: REDUCED COST SPAY AND NEUTER PROGRAM:
5-3-18: DISCOUNT SPAY OR NEUTER CERTIFICATES:
5-3-19: ADOPTION OF DOGS AND CATS:
5-3-20: ANIMALS BITING PERSONS:
5-3-21: ANIMAL LICENSE:
5-3-22: NUMBER OF ANIMALS ALLOWED:
5-3-23: MULTIPLE ANIMAL SITE PERMIT:
5-3-24: RESTRAINT OF DOGS:
5-3-25: VACCINATIONS:
5-3-26: ABANDONMENT:
5-3-27: ADMISSION OF QUALIFIED ASSISTANCE ANIMALS TO PUBLIC PLACES:
5-3-28: ANIMALS DISTURBING THE PEACE:
5-3-29: ANIMALS KILLING OR INJURING LIVESTOCK OR PROTECTED WILDLIFE:
5-3-30: DOGS OR LIVESTOCK ON UNENCLOSED PROPERTIES:
5-3-31: ANIMAL POISONING:
5-3-32: DOGS OR LIVESTOCK RUNNING AT LARGE:
5-3-33: INJURY TO ANIMALS BY MOTORISTS:
5-3-34: ANIMALS TRANSPORTED IN VEHICLES:
5-3-35: ANIMAL WASTE:
5-3-36: BREAKING INTO ANIMAL PROTECTION FACILITIES OR VEHICLES:
5-3-37: CARE AND MAINTENANCE:
5-3-38: CONFINEMENT OF FEMALE DOGS OR CATS IN MATING SEASON:
5-3-39: CONCEALMENT OF ANIMAL:
5-3-40: FIGHTS:
5-3-41: FOWL; IMPOUNDING OR CRATING:
5-3-42: INTERFERENCE WITH THE ANIMAL PROTECTION OFFICER IN THE PERFORMANCE OF HIS DUTIES:
5-3-43: KEEPING A SERIOUSLY SICK OR INJURED ANIMAL:
5-3-44: KEEPING DOMESTICATED LIVESTOCK AND FOWL:
5-3-45: SALE AND DISPLAY OF ANIMALS:
5-3-46: STERILIZATION AGREEMENTS/CONTRACTS:
5-3-47: UNLAWFUL USE OF RABIES TAG:
5-3-48: IMPROPER DISPOSAL OF ANIMALS:
5-3-49: VICIOUS ANIMALS:
5-3-50: DANGEROUS ANIMALS:
5-3-51: WILD ANIMALS; CANINE HYBRIDS; VIETNAMESE POTBELLIED PIGS:
5-3-51-1: WILD ANIMALS:
5-3-51-2: CANINE HYBRIDS:
5-3-51-3: VIETNAMESE POTBELLIED PIGS OR POTBELLIED PIGS:
5-3-52: PENALTIES:
5-3-52-1: PENALTY:
5-3-52-2: SUSPENSIONS, REVOCATIONS OF PERMITS:
5-3-52-3: APPEAL PROCEDURES FOR PERMIT DENIAL, SUSPENSION OR REVOCATION OR DETERMINATION THAT AN ANIMAL IS DANGEROUS OR VICIOUS:
5-3-52-4: SEVERABILITY CLAUSE:
CHAPTER 4 FIREARMS AND WEAPONS1
CHAPTER 5 FAIR HOUSING1
CHAPTER 6 SPECIAL EVENT PERMITS
TITLE 6 MOTOR VEHICLES AND TRAFFIC
TITLE 7 PUBLIC WAYS AND PROPERTY
TITLE 8 UTILITIES
TITLE 9 BUILDING REGULATIONS
TITLE 10 LAND DEVELOPMENT STANDARDS
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5-3-22: NUMBER OF ANIMALS ALLOWED:
   A.   No person or household shall own, harbor or keep more than a combined total of four (4) dogs or cats or any combination thereof over the age of three (3) months without a valid shelter-refuge-professional animal permit, hobby breeder site permit or multiple animal site permit.
      1.   A household may have up to four (4) dogs or cats or any combination thereof provided that all of the animals shall be sterilized.
         a.   A medical waiver certificate may be acceptable in cases when the sterilization of an animal would pose a substantial threat to the health of the animal. The certificate shall be on official letterhead from a licensed veterinarian and shall contain the name and address of the owner of the animal, a description of the animal, the medical condition prohibiting sterilization, and the date upon which the animal may be sterilized. A medical waiver certificate must be resubmitted annually. This does not waive the reclaim fee.
      2.   No person or household shall permit or allow the breeding of a dog or cat in the absence of a valid hobby breeder site permit or litter permit.
      3.   No person or household may own, harbor or keep more than two (2) canine hybrids, all of which must be sterilized, and such ownership of canine hybrids shall not result in a combined number of dogs, cats or canine hybrids totaling more than three (3). (Ord. 2012-10, 11-13-2012)
5-3-23: MULTIPLE ANIMAL SITE PERMIT:
   A.   Any person intending to exceed the maximum limit of dogs and cats in a household as defined in section 5-3-22 of this chapter shall obtain a multiple animal site permit.
   B.   All dogs and cats at a multiple animal site shall be licensed, spayed or neutered and have current vaccinations. The only exception would be an animal which is unable to be sterilized due to medical reasons. The owner must present valid veterinary certificate as defined in subsection 5-3-22A1a of this chapter. This does not waive the reclaim fee.
   C.   Fostering a pregnant dog or cat and her eventual offspring is a temporary exception to this rule.
   D.   Adjoining property owners may petition the City Manager for a revocation, modification or suspension of a multiple animal site permit if the adjoining property owner is reasonably aggrieved by any effects of the multiple animal site.
   E.   No person shall keep or maintain more than eight (8) dogs or cats or any combination thereof at any multiple animal site permit location, no more than two (2) of which can be unsterilized.
   F.   The area provided for the dogs and cats whether in secure runs, kennels or security perimeter fence must be as follows:
      1.   Seventy five (75) square feet of area shall be provided for each dog weighing less than thirty (30) pounds;
      2.   One hundred (100) square feet for each dog weighing between thirty (30) and fifty nine (59) pounds;
      3.   One hundred twenty five (125) square feet per dog sixty (60) pounds and over; and
      4.   Twenty five (25) square feet of space per cat excluding the area occupied by the litter box.
   G.   Dogs kept at a multiple animal site may not be secured on a trolley system.
   H.   Upon presenting proper identification and at a reasonable hour, a representative of the Animal Control Division shall be allowed access to any permitted premises for the purpose of inspection on an annual basis or upon reasonable notice. Permits may be suspended for failure to comply with the requirements of this chapter, as well as for violation of other applicable laws, regulations, and ordinances.
   I.   Rescue animals shall be exempt from the fee for a multiple animal site permit while in the custody and care of the rescue organization or individual. Accurate records shall be kept and maintained by the rescue organization or individual, and a City of Gallup animal protection officer or other City official shall be permitted at any reasonable time to inspect such records and the rescue animals' living conditions. (Ord. 2017-10, 12-12-2017)
5-3-24: RESTRAINT OF DOGS:
   A.   A person owning or having charge, custody, care, or control over a dog, shall keep the dog upon his or her own premises by either a secure run or kennel area, an enclosure surrounding the perimeter of the property, or on a trolley device, or any other acceptable means. Direct point chaining to stationary objects is prohibited. Any dog not deemed dangerous and not within a secure enclosure may be restrained by means of a trolley system, or a tether attached to a pulley on a cable run on its owner's property, subject to the following conditions:
      1.   No canine hybrid can be tethered to a trolley system.
      2.   Trolley system shall not be used for any dog that has not been sterilized.
      3.   Only one dog per household may be tethered to a trolley system.
      4.   There must be a swivel on each end of the tether to minimize tangling.
      5.   The tether and cable run must be of adequate size and strength to effectively restrain the dog. The size and weight of the tether must not be excessive, as determined by the animal protection officer, considering the age, size and health of the dog.
      6.   The cable run must be at least ten feet (10') in length and mounted either at ground level or at least four feet (4') above ground level.
      7.   The trolley system must be designed to prevent the dog from being within four feet (4') of the property boundary.
      8.   A dog attached to a trolley system shall be surrounded by a barrier on each side adjoining a public access. The barrier shall be sufficient to prevent children from accidentally coming into contact with the dog.
      9.   The tether must be at least ten feet (10') in length unless such length allows the dog to move within four feet (4') of the legal boundary of the property, in which case the tether shall be no less than eight feet (8') in length. If the size of the property will not allow a tether of no less than eight feet (8'), a trolley system shall not be used.
      10.   The tether must be affixed to the dog by use of a nonabrasive, comfortably fitted harness. Prong type, pinch type, or choke collars shall not be used.
      11.   The device must be fastened so that the dog can sit, walk, and lie down comfortably, and must be unobstructed by objects that may cause the device or dog to become entangled or strangled.
      12.   The dog must have easy access to adequate shelter, shade, food, and potable water.
      13.   The area where the dog is confined must be kept free of garbage and other debris that might endanger the animal's health or safety. Feces shall be cleaned up daily.
      14.   The area where the dog is confined must be kept free of insect infestation, such as anthills, wasps' nests, and infestations of fleas, ticks or maggots.
   B.   Any dog deemed dangerous shall be confined as defined in section 5-3-50 of this chapter, but does not include chaining, restraining, or otherwise affixing the animal to a stationary object.
   C.   The use of a crate is prohibited as a means of outdoor confinement.
   D.   Secure run or kennel area must provide, as a minimum, seventy five (75) square feet of area for each dog weighing less than thirty (30) pounds; one hundred (100) square feet for each dog weighing between thirty (30) and fifty nine (59) pounds, one hundred twenty five (125) square feet per dog sixty (60) pounds and over.
   E.   A dog is permitted on the street and in other public places only if on a secure leash not exceeding six feet (6') in length. Longer retractable leashes may be used, provided the person with the dog is capable of controlling the dog. All other animals must be secured in a fashion acceptable for the species of animal. A person physically capable of controlling and restraining the animal must exercise immediate custody. This section does not apply when an animal is participating in a bona fide animal show authorized by the City or appropriate authorities.
   F.   Nothing in this section shall be construed as allowing any animal under physical restraint to commit any act defined as unlawful in this chapter.
   G.   A person who uses electric or invisible fencing designed to confine an animal to his property must clearly post a notice in two (2) separate locations upon the property that such a device is in use. (Ord. 2012-10, 11-13-2012)
5-3-25: VACCINATIONS:
   A.   It is the duty of a person owning or keeping a dog or cat over the age of three (3) months to have the animal vaccinated against rabies as prescribed by New Mexico Statutes Annotated 1978, section 77-1-3 (1979). The City Manager may require that other animals have annual rabies vaccinations.
   B.   The veterinarian administering antirabies vaccines to any animal shall issue the owner or keeper of the animal a numbered vaccination certificate. The certificate shall contain the name and address of the owner of the animal, a description of the animal vaccinated, the date of vaccination, and the date immunity expires.
   C.   The veterinarian shall also furnish the owner or keeper with a metal tag bearing the certificate number. A current rabies tag shall be affixed by the owner or keeper to a collar or harness worn by the animal at all times unless the animal is being kept in an approved kennel or veterinary hospital, is being trained by a professional trainer or is appearing in an approved show.
   D.   It is unlawful for the owner of any dog or cat or any other member of the canine or feline family to fail to exhibit its certificate of vaccination upon demand by the City Manager. This subsection does not apply to any animal under control of the shelters.
   E.   For licensing purposes a medical waiver certificate may be acceptable in cases when the rabies vaccination of an animal would pose a substantial threat to the health of the animal. The certificate shall be on official letterhead from a licensed veterinarian and shall contain the name and address of the owner of the animal, a description of the animal, the medical condition prohibiting vaccination, and the date upon which a vaccination may be given. A medical waiver certificate must be resubmitted annually. (Ord. 2012-10, 11-13-2012)
5-3-26: ABANDONMENT:
It is unlawful for a person to abandon an animal. Abandonment does not apply to the trap, neuter and return (TNR) of feral cats. A person or organization managing unowned cats by trap, neuter and return is not deemed the owner, keeper, holder or possessor of such cats. (Ord. 2012-10, 11-13-2012)
5-3-27: ADMISSION OF QUALIFIED ASSISTANCE ANIMALS TO PUBLIC PLACES:
Notwithstanding any other provision of law, a qualified assistance animal shall be admitted to any building open to the public and to all public accommodations such as restaurants, hotels, hospitals, swimming pools, stores, common carriers and theaters; provided that the qualified assistance animal is under the control of a person with a disability or a trainer of assistance animals. No person shall be required to pay any additional charges for his qualified assistance animal, but shall be liable for any damage done by his qualified assistance animal. (Ord. 2012-10, 11-13-2012)
5-3-28: ANIMALS DISTURBING THE PEACE:
   A.   It is unlawful for a person to allow an animal to persistently or continuously bark, howl or make noise common to their species or otherwise disturb the peace and quiet of inhabitants of the City. Persistent, continuous or loud intermittent noise between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. which can be heard more than fifty feet (50') from the source of the noise is prima facie evidence of violation of this subsection.
   B.   It is unlawful to keep or maintain an animal in such an unclean or unsanitary manner that it disturbs others by noxious or offensive odors.
   C.   An animal that is permitted to disturb the peace and quiet of the inhabitants of the City in violation of subsection A of this section is declared to be a nuisance and may be seized and impounded pursuant to the procedures set forth in sections 5-3-9 and 5-3-10 of this chapter. (Ord. 2017-10, 12-12-2017)
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