(A) SHORT TITLE AND LEGISLATIVE INTENT.
(1) This Article shall be known and may be cited as the "Village of Los Ranchos Animal Control Ordinance."
(2) It is the intent of the Board of Trustees that enactment of this Article will protect animals from neglect and abuse, will protect residents from annoyance and injury, will encourage responsible ownership of animals as pets, will assist in providing housing for animals in a control center and will partially finance the Animal Control Officer's functions of housing, enforcement and recovery. It is the intent of the Board of Trustees to organize and utilize advisory groups to assist with improving public awareness about subjects pertaining to the enactment of this Article.
NOTE: All definitions are italicized in the body of the ordinance for clarity.
(B) DEFINITIONS. For the purposes of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
Abandon means to leave an animal for more than 24 hours without making effective provisions for its proper feeding and care.
Adequate food means access to and the provision of food that is appropriate to the species and of sufficient quantity and nutritive value to maintain each animal in good health; is easily accessible to each animal; is prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a licensed veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species.
Adequate living area means adequate space for exercise suitable to the age, size, species and breed of animal and includes adequate shelter and shade independent of shelter.
Adequate shelter means provision of and access to shelter that is suitable for species, age, condition, size and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species. Shelter for companion animals shall consist of the following:
(1) Inside the residence of the animal's owner.
(2) A shelter that is an enclosed structure of appropriate dimensions for the breed and size of the animal, consisting of four sides, a roof, an entryway, a floor, and suitable insulation protecting the animal from the elements.
(3) A structure, including, but not limited to a garage, barn or shed, that is sufficiently insulated and ventilated to protect the animal from exposure to extreme temperatures or, if not sufficiently insulated and ventilated, contains a shelter as provided in the balance of this paragraph that is accessible to the animal.
Adequate space to prevent overcrowding includes but is not limited to sufficient space to allow animals restrained together to be able to move freely, turn around and lie down without having to come into contact with another animal or the sides of the enclosure.
Adequate space for exercise for confined animals shall include but not be limited to provision within the adequate living area of space that enables the animal to sit, hop, stand or rear up on its hind legs, run, jump, and play with others of its species or with toys without hitting him/herself against the top of the enclosure.
Adequate water means constant access to a supply of unfrozen, potable water, provided in a sanitary manner suitable for species, in sufficient amounts to maintain good health. Such water will be provided in a manner that prevents the container from being overturned.
Animal means any vertebrate member of the animal kingdom except humans.
Animal Control means the staff, facility, programs, shelter, lot, premises, and buildings maintained and/or contracted by the Village for the implementation of the control and care of animals.
Animal Control Officer means the Village Animal Control Officer or supervisor or his or her designated representative(s).
Animal fighting paraphernalia means equipment that any reasonable person would ascertain is used for animal fighting purposes which includes, but is not limited to:
(1) instruments designed to be attached to the leg of a bird, such as boxing gloves, knife, gaff, or other sharp instrument;
(2) items to train and condition animals to fight including, but not limited to, hides or other material used as hanging devices to strengthen and/or condition dogs, wooden sticks or handles used to pry open dog's jaws, performance enhancing drugs or substances, or food or water additives, and;
(3) the presence of any animal that appears to be a fighting animal alone or together with animals suspected of being used as bait animals including but not limited to rabbits, cats, and other dogs.
Bait animal is an animal used to train and/or condition other animals to fight and includes but is not limited to dogs, cats, and rabbits exposed to attack by other animals used or trained to be used in fighting or to make the attacking animal more confident and aggressive.
Bite means an actual puncture or tear of the skin inflicted by the teeth of an animal.
Bona fide animal show includes events sanctioned by organizations such as the American Kennel Club (AKC) or North American Dog Agility Council (NADAC), generally organized by local clubs, and including conformation events or performance events such as obedience, agility, and tracking.
Breeder means a person who keeps, maintains or harbors any intact companion animal for the purposes of breeding.
Breeding means permitting, either intentionally or unintentionally, any animal to produce offspring.
Canine hybrid means:
(1) Any canine which has or had a pure wolf or pure coyote as a parent or grandparent; or
(2) An animal represented by its owner to an Animal Control Officer, law enforcement officer, or to a veterinarian to be the offspring, cross, mix, or hybrid of a wolf or coyote within the preceding two generations; or
(3) Any animal which, because of its pure wolf or pure coyote ancestry, cannot be vaccinated against rabies.
Companion animal means, but is not limited to, dogs, cats, ferrets, guinea pigs, domestic rabbits, and pot-bellied pigs.
Confinement means detainment or isolation of an animal.
Dangerous animal means any of the following:
(1) An animal which, when unprovoked, engages in behavior that requires a defensive action by a person to prevent bodily injury to a person or another animal which is off the property of the owner of the animal in question; or
(2) An animal which, when unprovoked, injures a person or another animal in a manner which does not result in muscle tears or disfiguring lacerations, or require extensive corrective or cosmetic surgery; or
(3) An animal which, because of its poisonous sting or bite, would constitute a significant hazard to the public.
Designee or designated representative means the Animal Control Officer or other appropriate staff.
Enclosed means a parcel of land completely surrounded at the perimeter by a wall or fence of sufficient height and strength to contain animals within. Establishment means a place of business together with its grounds and equipment.
Grooming parlor means an establishment or part thereof maintained for the purposes of performing cosmetological services for animals.
Guard dog means a dog that is used to protect a commercial property, but excludes a dog used exclusively to guard livestock.
Household means the collection of individuals, related or not, who reside at one street address.
Kennel means a commercial establishment operating for intended profit where dogs or cats are boarded, kept, or maintained.
Kennel area is a secure space within which an animal is housed that is of sufficient height and strength to contain the animal within and provide sufficient room for the animal to comfortably move around within the structure.
Licensed veterinarian means an individual with a doctor of veterinary medicine degree who is licensed to practice in the state.
Livestock means horses, cattle, pigs, sheep, goats, fowl, or any other domestic animals typically used in the production of food, fiber, or other products or activities defined by the Animal Control Officer as agricultural.
Multiple animal site means any property where the number of dogs or cats owned, harbored or kept exceeds the number of animals allowed in § 7.2.5 (B) of this Article and are not otherwise included within the definition of professional animal site or shelter site.
Owner/responsible party means a person 18 years of age or older or the parent or guardian of a person under 18 years of age who owns, harbors, keeps an animal, has one in his or her care, or permits an animal to remain on or about the premises owned or controlled by him or her.
Person means an individual, household, firm, partnership, corporation, company, society, association or legal entity, and every officer, agent or employee thereof.
Pet shop means any premises, or part thereof, open to the public which engages in the purchase, sale, exchange or hire of animals of any type, except the term shall not apply to premises used exclusively for the sale of livestock.
Potable water means water that can be consumed without concern for adverse health effects.
Premises means a parcel of land and the structures thereon.
Professional animal site means any kennel, grooming parlor, or pet shops, with the exception of sites solely dedicated to livestock, state inspected veterinary hospitals and federally inspected laboratory facilities and zoos.
Qualified assistance animal means:
(1) A dog trained or being trained by a recognized school for training dogs to assist persons with disabilities; or
(2) An animal recognized as a service animal pursuant to the Americans with Disabilities Act of 1990; or
(3) Any other animal approved by the governor's committee on concerns of the handicapped as acceptable in public places and trained to provide some special assistance to a person with a disability.
Quarantine means detention and isolation of an animal in order to observe for rabies.
Rabbit as used in this Article may be either a companion animal or livestock.
Research facility means any school, institution, organization or person as defined in the Animal Welfare Act of 1970, 7 U.S.C. § 2132, and recognized as exempted from the anticruelty provisions contained in NMSA 1978, § 30-18-1.
Shade independent of shelter includes, but is not limited to, trees, shrubs, bushes, patios, awnings or other natural or manmade structures that permit animals to be sheltered from direct sunlight in a manner that provides adequate space to prevent overcrowding.
Shelter facility means a non-profit animal facility operated for the purpose of bringing aid and comfort to a number of dogs or cats that exceeds the number of animals allowed in § 7.2.5 (B) of this Article.
Shelter site means a non-profit facility operated for the purpose of bringing aid or comfort to a number of dogs or cats that exceeds the number of animals allowed in § 7.2.5 (B) of this Article.
Show animal means a dog or cat, which is registered with a recognized registry organization, or is a member of a breed which is not eligible to be registered if that breed has been approved by the Animal Control Officer, and which is involved in bona fide animal shows.
Sterilized means to be rendered permanently incapable of reproduction.
Stray means an animal found running at large.
To run or running at large means any animal free from physical restraint beyond the boundaries of the owner's premises.
Vaccination means protection provided against rabies by inoculation with a vaccine as required by NMSA 1978, § 77-1-3.
Vicious animal means an animal which kills or severely injures (so as to result in muscle tears or disfiguring lacerations, require multiple sutures, or extensive corrective or cosmetic surgery) a person or domesticated animal. Vicious animal does not include an animal which bites, attacks or injures a person or animal that is unlawfully upon its owner's premises. The provocation of an animal by a person is an affirmative defense to a charge of keeping or harboring a vicious animal.
Village means the area within the jurisdictional boundaries of the Village of Los Ranchos de Albuquerque, including privately owned land, excluding the area within the limits of any incorporated municipality or within the jurisdiction of the United States government or the State of New Mexico.