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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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5-3-35: ANIMAL WASTE:
It is unlawful to permit an animal to defecate on public or private property other than the property of the owner of the animal unless such animal waste is immediately removed and properly disposed of by the person having custody of the animal. The provision of this section does not apply to guide dogs or other service dogs assisting a person with a disability. (Ord. 2012-10, 11-13-2012)
5-3-36: BREAKING INTO ANIMAL PROTECTION FACILITIES OR VEHICLES:
It is unlawful for a person to break into any pound, center, facility, kennel or vehicle wherein animals are impounded, or to in any manner remove or assist in the removal of any animal or equipment from such. (Ord. 2012-10, 11-13-2012)
5-3-37: CARE AND MAINTENANCE:
   A.   It is unlawful for a person to fail, refuse or neglect to provide any animal in his charge or custody such care and husbandry as to maintain the good health and well being of the animal. Such care and husbandry shall include, but not be limited to, adequate food appropriate to species, potable water, adequate living area, professional veterinary care and necessary grooming to maintain good health and protection from extreme weather elements. Animals shall be provided adequate space to prevent overcrowding and to maintain normal exercise according to species, size and temperament.
      1.   First time welfare check, owner is given a warning citation with a specific time to correct the problems given by the officer.
      2.   Second welfare check, if conditions have not been corrected, owner will be given a second warning with a specific time given by the officer to correct the problem.
      3.   Third welfare check, if conditions have still not been corrected the animal will be seized by an animal control officer and the disposition of the animal will be in accordance with section 5-3-9 of this chapter.
   B.   Any animal habitually kept outside shall be provided with a structurally sound, weatherproof enclosure, large enough to accommodate the animal and to provide proper ventilation, temperature and sufficient shade.
   C.   For livestock, it is unlawful for a person to fail, refuse and/or neglect to provide any livestock in his charge or custody with such care and husbandry as to maintain the good health and well being of the animal. Such care and husbandry shall include, but not be limited to, nutritious food in sufficient quantity provided daily, fresh clean potable water available at all times, clean adequate space, necessary veterinary care, necessary hoof care, and a proper shelter or protection from weather. (Ord. 2017-10, 12-12-2017)
5-3-38: CONFINEMENT OF FEMALE DOGS OR CATS IN MATING SEASON:
   A.   A person in control of a female dog or cat in mating season shall confine such dog or cat so as to prevent other dogs or cats from attacking or being attracted to such female animal, except for intentional breeding purposes.
   B.   It shall be unlawful to maintain a female dog or cat in mating season in any manner that creates a public nuisance. (Ord. 2012-10, 11-13-2012)
5-3-39: CONCEALMENT OF ANIMAL:
It is unlawful for any person to conceal any animal from the officers charged with the enforcement of this chapter. (Ord. 2012-10, 11-13-2012)
5-3-40: FIGHTS:
   A.   It is unlawful for a person to promote, stage, hold, manage, conduct, carry on or attend any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming or destroying themselves or any other animal.
      1.   It is unlawful for any person to sell, receive, possess, transport, loan, or give away any animal fighting paraphernalia.
      2.   It is unlawful for any person to raise, train, condition, sell, receive, possess, transport, loan, or give away animals for fighting purposes whether or not the fight is to be conducted inside or outside the jurisdiction of the City of Gallup.
      3.   No person shall provoke or entice an animal from the property of its owner for the purpose of engaging the animal in an animal fight.
   B.   Nothing in this section shall prohibit a person from engaging in legal hunting practices as allowed by State wildlife authorities. (Ord. 2012-10, 11-13-2012)
5-3-41: FOWL; IMPOUNDING OR CRATING:
It is unlawful for a person to confine any wild or domestic fowl or birds unless provisions are made by such person for the proper feeding and the furnishing of water to such fowl or birds at intervals not longer than twelve (12) hours. No person shall impound wild or domestic fowl or birds in a crate, box or other enclosure unless such fowl or bird is in a natural erect position unless such position causes injury or damage to the fowl or bird. (Ord. 2012-10, 11-13-2012)
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