5-3-42: INTERFERENCE WITH THE ANIMAL PROTECTION OFFICER IN THE PERFORMANCE OF HIS DUTIES:

   A.   No person shall attack, assault or in any way threaten or interfere with the animal protection officer in the performance of the duties required by this chapter.

   B.   No person shall conceal one's true name or identity or disguise oneself with the intent to obstruct due execution of the law or with the intent to intimidate, hinder or interrupt an animal protection officer in the legal performance of his or her duties.

   C.   No person shall interfere with or tamper with any equipment used by animal protection officers, including release of animals contained in such equipment.

   D.   No person shall engage in conduct that would agitate, obstruct, oppose, or distract an animal protection officer in the legal performance of his or her duties. (Ord. 2012-10, 11-13-2012)

5-3-43: KEEPING A SERIOUSLY SICK OR INJURED ANIMAL:

   A.   It is unlawful for a person to have, keep or harbor an animal which is seriously sick or injured, including starvation, without providing proper veterinary care.

   B.   The City Manager may require the owner to provide a letter of health evaluation from a licensed veterinarian describing the condition of the animal and the treatment provided. The Animal Control Division may evaluate the condition of an animal.

   C.   In the absence of proper veterinary care, the City Manager may impound such a seriously sick or injured animal in accordance with the provisions of this chapter.

   D.   Any such animal impounded may be destroyed humanely or otherwise disposed of according to the normal procedures of the impound facility as soon thereafter as is conveniently possible. (Ord. 2012-10, 11-13-2012)

5-3-44: KEEPING DOMESTICATED LIVESTOCK AND FOWL:

   A.   It is unlawful to keep, harbor or maintain within the City limits any horses, mules, burros, cows, pigs, goats, sheep, swine and all other domesticated animals used in the production of food, or other products except as provided in Rural Residential (RR) Zoning Districts.

   B.   It is unlawful to keep fowl except as provided in subsection C of this section.

   C.   Backyard chicken hens (chickens kept on a residential lot), are allowed under the following conditions, however, all other poultry or fowl prohibited. No person may own or keep any other fowl, including ducks, quail, geese, turkeys, pigeons or peacocks.

      1.   No more than four (4) backyard chicken hens are permitted per lot. Roosters are prohibited.

      2.   Backyard chicken hens are restricted to the rear or backyard of any lot in the Rural Residential (RR) and Single-Family Residential, Detached (SFR) Zoning Districts. Backyard chicken hens may not free range and are restricted to the coop and run.

      3.   All backyard chicken hen coops shall meet the following requirements:

         a.   Be predator-proof with a solid top.

         b.   Provide water at all times.

         c.   Are limited to a maximum of one hundred twenty (120) square feet (includes coop space and chicken run).

         d.   Provide at least four (4) square feet of space per chicken hen for the coop and run.

         e.   Be no taller than seven feet (7') at the highest point of the roof.

         f.   Be at least ten feet (10') from any other structure and at least five feet (5') from any side or rear property line.

         g.   All coops shall be regularly cleaned to control dust, odor, and waste and not constitute a nuisance, safety hazard, or health problem to surrounding properties.

      4.   Backyard chicken hens are only allowed in SFR and RR Zoning Districts and in such districts shall not be deemed as "agricultural operations" as may be stated in other section of this Code. Any person that owns or maintains backyard chicken hens is required to obtain a permit from the Animal Control Division. There shall be no charge to obtain the permit. The permit will remain effective for so long as the applicant owns or maintains chicken hens at the location listed on the permit. The permit shall list the requirements contained in this section to own or maintain chickens.

      5.   Nothing herein shall permit keeping an animal, as the laws and regulations of the State of New Mexico or the United States otherwise prohibit or restrict.

      6.   Keeping of backyard chicken hens are subject to this Code's nuisance provisions, which shall supersede and take precedence over this provision of this chapter. (Ord. 2018-17, 11-13-2018)

5-3-45: SALE AND DISPLAY OF ANIMALS:

   A.   Address On Permit: A person shall only sell, offer for sale, barter, give away or otherwise dispose of an animal at the physical address listed on the appropriate permit issued by the City. The applicable permit number is to be displayed legibly in all advertisements and furnished to any potential recipient upon request. Shelters shall be allowed off site adoption events, with permission of site owner and while preserving appropriate care and maintenance of animals. (Ord. 2017-10, 12-12-2017)

   B.   Turtles: No person shall offer for sale, sell, barter or give away turtles except in conformance with the appropriate Federal regulations.

   C.   Animals As Prizes: No person shall offer an animal as a prize, giveaway or award for a contest, game, sport or as an incentive to purchase merchandise.

   D.   Animal Exhibits:

      1.   No person shall operate, conduct, or maintain a permanent or temporary commercial animal show, circus, animal exhibition, animal ride, petting zoo or carnival without first having obtained a permit from the Animal Control Division. Conditions for permit approval include provisions for the humane care and treatment of the animals and the protection of public safety. Permits shall not be issued upon verification that within the preceding twelve (12) months the applicant has been convicted of charges of animal cruelty, abuse, or neglect, or has violated the Federal Animal Welfare Act.

      2.   No person shall operate, conduct or maintain any animal exhibit under conditions that pose a danger to the public or the animals. Specific requirements shall be available upon request to the Animal Control Division.

      3.   The following are exempt from the requirements of this section:

         a.   Individuals or groups holding a State of New Mexico regulated permit or a Federally regulated permit.

         b.   Events sponsored by a Municipal zoo or aquarium facility.

         c.   Competitive sporting events.

      4.   Persons involved in these exempt activities shall comply with all other applicable sections of this chapter. (Ord. 2012-10, 11-13-2012)

5-3-46: STERILIZATION AGREEMENTS/CONTRACTS:

It shall be unlawful for a person to possess any unsterilized animal when such animal is required to be sterilized under the terms of any applicable sterilization agreement or contract originating from any Municipal or nonprofit shelter. (Ord. 2012-10, 11-13-2012)

5-3-47: UNLAWFUL USE OF RABIES TAG:

It is unlawful for any person to remove or transfer any rabies tag from one animal to another. It is unlawful for any person to manufacture or cause to be manufactured or to have in his possession or under his control a stolen, counterfeit or forged animal license tag, rabies tag, vaccination certificate or other form of licensing or permitting required under this chapter. (Ord. 2012-10, 11-13-2012)

5-3-48: IMPROPER DISPOSAL OF ANIMALS:

Deceased animals shall be properly disposed of in accordance with this chapter. Following the death of an animal, the owner shall be responsible for removing the corpse immediately and disposing of the body by either private burial or taking the animal to the Gallup Animal Adoption Center. It is unlawful to dispose of the body of any animal by dumping the corpse on public or private property, roads or rights-of-way. (Ord. 2012-10, 11-13-2012)