(A) ANIMALS BITING PERSONS.
(1) The owner of an animal that bites a person and a person bitten by an animal shall report that occurrence to the Animal Control Officer within 24 hours of the occurrence. The owner of an animal that bites a person shall surrender said animal to an Animal Control Officer if the officer deems it necessary to impound said animal for a period of quarantine no less than ten days from the day of the bite.
(2) A physician who renders professional treatment to a person bitten by an animal shall report to the Animal Control Officer that he has rendered professional treatment within 24 hours of his first professional attendance. The physician shall report the name and address of the person bitten as well as the type and location of the bite. The physician shall report the name and address of the owner of the animal that inflicted the bite, if known, and any other facts or details that may assist the Animal Control Officer in ascertaining the immunization status of the animal.
(3) An animal that bites a person shall be confined securely at a place and for a period of time deemed necessary by the Animal Control Officer. The owner of the animal shall bear the cost of confinement.
(4) If the owner is unwilling or unable to quarantine the animal, the Animal Control Officer may impound the animal into protective custody for the period of the quarantine and the owner shall pay all related costs of the impoundment prior to reclaiming the animal.
(5) The Animal Control Officer may consent to quarantine the animal on the owner's premises. The premises where the home quarantine is to occur shall be inspected and approved for such purpose by the Animal Control Officer. The owner of the animal shall be required to enter into an indemnity agreement on a form approved and prescribed by the Animal Control Officer for such home quarantine.
(6) If the animal shows signs of sickness, abnormal behavior, or if the animal escapes quarantine, the person having custody of the animal shall immediately notify the Animal Control Officer. The person having custody of an animal that dies during the quarantine period shall notify the Animal Control Officer and surrender the carcass of the animal to an Animal Control Officer.
(7) It is unlawful to violate the conditions of quarantine. If an officer deems it necessary to impound an animal for quarantine for violation of the above conditions and/or severity of the bite, the owner cannot remove the animal from observation until the quarantine period is complete. The owner shall bear the cost of the impoundment.
(8) It is unlawful for a person to keep an animal reported to have bitten any person on two unprovoked separate incidents. The owner has a duty to destroy said animal humanely or surrender such an animal to the Animal Control Officer for proper humane euthanization.
(B) NUMBER OF ANIMALS ALLOWED. No person or household shall own, harbor or keep more than a combined total of six dogs, cats or any combination thereof over the age of three months without, a multiple animal site permit, or shelter permit.
(C) RESTRAINT OF ANIMALS. A person owning or having charge, custody, care, or control over a companion animal, shall keep the animal upon his or her own premises within a secure enclosed pen, or in an area containing a fence or wall of sufficient height surrounding the perimeter of the property. It shall be unlawful to tether a companion animal as a form of confinement.
(1) Fixed point tethering of any companion animal to stationary objects is permitted in limited circumstances such as picnics or gatherings in a park or open space, for emergency purposes to permit an individual to render aid to a human or another animal and only when the owner is immediately present.
(2) A dog is permitted on the street and in other public places only if on a secure leash not exceeding six feet 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 Village or appropriate authorities, nor when a dog is in an off-leash park or other designated off-leash area.
(D) VACCINATIONS.
(1) It is the duty of any person(s) owning or keeping a dog, cat, or domestic ferret over the age of three months to have the animal vaccinated against rabies as prescribed by NMSA 1978, § 77-1-3 as amended. The Animal Control Officer may require that other animals have annual rabies vaccines.
(2) The veterinarian administering anti-rabies 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 and the microchip number.
(3) It is unlawful for the owner of any dog, cat, domestic ferret or any other member of the canine or feline family to fail to exhibit its certificate of vaccination upon demand by the Animal Control Officer.
(E) 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 un-owned cats by trap, neuter and return is not deemed the owner, harborer, keeper, holder or possessor of such cats.
(F) 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.
(G) ANIMALS DISTURBING THE PEACE.
(1) 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 Village. This provision shall not apply to any noise from livestock.
(2) 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.
(H) ANIMALS KILLING OR INJURING LIVESTOCK OR PROTECTED WILDLIFE.
(1) It is unlawful for a person to keep an animal known to have killed or injured livestock or protected wildlife. The owner has a duty to destroy said animal humanely or surrender such an animal to the Animal Control Officer for proper humane euthanization upon the order of the court.
(2) An owner of livestock shall have the right to kill an animal that has injured or killed livestock or protected wildlife while it is upon property controlled by the owner of the livestock.
(I) ANIMAL POISONING.
(1) It is unlawful for a person to make accessible to any animal, with the intent to cause harm or death, any substance which has been treated or prepared with a harmful poisonous substance.
(2) This section does not apply to placement of such substance(s) in order to control vermin of significance to the public health.
(J) ANIMALS RUNNING AT LARGE.
(1) It is unlawful for a person to allow or permit any animal to run at large in or on any alley, street, sidewalk, vacant lot, public property, other unenclosed place in the Village, or private property without the permission of the property owner.
(2) An animal permitted to run at large in violation of this section is declared to be a nuisance and a menace to the public health and safety. Such animal may be taken up and impounded. An Animal Control Officer may go upon private property in pursuit of an animal which is running at large unless permission to make such pursuit is explicitly refused by the occupant. An officer may not enter a private building or residence in pursuit of an animal.
(3) A working dog performing such acts as herding or search and rescue that is under the control and supervision of the owner or handler shall not be considered as unleashed while performing its duties. A hunting, obedience, tracking or show dog that is under the control and supervision of the owner or handler shall not be considered as unleashed while performing in those capacities.
(4) It is unlawful for an owner, manager, agent, or governing board of any multiple dwelling unit, including mobile home parks and gated communities, to permit any animal to run at large upon the common areas of the multiple dwelling unit.
(K) INJURY TO ANIMALS BY MOTORISTS. Every operator of a motor or self-propelled vehicle upon the streets and ways of the Village shall immediately upon injuring, striking, maiming or running down any animal provide immediate notification to the Animal Control Officer, furnishing sufficient facts relative to the incident. Such animal shall be deemed an uncared for animal within the meaning of § 7.2.3(A)(5) of this Article. Emergency vehicles are excluded from this provision.
(L) ANIMAL WASTE. It is unlawful to permit a companion 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.
(M) BREAKING INTO ANIMAL CONTROL FACILITIES OR VEHICLES. It is unlawful for a person to break into any animal center, facility, or vehicle wherein animals are impounded, or to in any manner remove or assist in the removal of any animal or equipment from such.
(N) CARE AND MAINTENANCE (COMPANION ANIMALS). Every person who owns or who has charge, care or custody of an animal shall comply with each of the following requirements:
(1) Each animal shall be supplied adequate food, adequate water accessible and adequate space to prevent overcrowding.
(2) All animals are to be provided adequate living area and adequate space to prevent overcrowding and sufficient space for adequate exercise. All areas where an animal is confined and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.
(3) No animal shall be left unattended for more than 24 hours.
(4) No condition shall be maintained or permitted that is, or could be injurious to the animal.
(5) No owner or custodian shall fail to provide necessary grooming of the coat in order to prevent matting, skin irritation, distress or pain, trapping of fecal matter, and loss of the ability to protect the animal from adverse weather conditions. An animal shall not be so dirty that it becomes matted as to provide a home for parasites and insects. No animal shall be allowed to have a foreign object embedded in its hide, fur or skin other than a microchip or a medical device implanted by a licensed veterinarian.
(6) The owner or custodian shall provide regular basic, necessary, and emergency professional veterinary care when needed. The owner or custodian shall take an animal to a licensed veterinarian within a time frame indicated for an examination and adhere to recommended treatment if the Animal Control Officer or his agent finds this is necessary in order to maintain the health of the animal, and so orders.
(7) All animals kept outdoors shall be provided with adequate shelter, accessible at all times, to the animal.
(O) CARE AND MAINTENANCE (LIVESTOCK). Every person who owns or who has charge, care or custody of an animal defined under the Article as livestock shall comply with each of the following requirements:
(1) Each animal shall be supplied an adequate living area, adequate food, adequate water accessible and adequate space to prevent overcrowding.
(2) All areas where an animal is confined and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.
(3) No animal shall be without attention for more than 24 hours.
(4) No condition shall be maintained or permitted that is, or could be injurious to the animal.
(5) The owner/responsible party shall provide regular basic, necessary, and emergency professional veterinary care and dental or hoof care when needed. The owner or custodian shall take an animal to a licensed veterinarian within the time frame indicated for an examination and adhere to recommended treatment if the Animal Control Officer or his agent finds this is necessary in order to maintain the health of the animal, and so orders.
(P) CONFINEMENT OF FEMALE DOGS OR CATS IN MATING SEASON.
(1) 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.
(2) It shall be unlawful to maintain a female dog or cat in mating season in any manner that creates a public nuisance.
(Q) CRUELTY TO ANIMALS.
(1) It is unlawful for a person to recklessly, willfully, negligently or maliciously kill, maim, disfigure or torture; beat with a stick, chain, club or other object; mutilate, burn or scald with any substance, overwork, torment, harass or otherwise cruelly set upon any animal, except that reasonable force may be used to drive off vicious, dangerous or trespassing animals.
(2) It is unlawful for a person to fail to provide necessary sustenance, fail to provide necessary basic or emergency medical care, maintain an animal in an enclosed environment without adequate provisions to prevent pain or suffering, and perform procedures such as ear-cropping, de-barking, tail docking on an animal, or otherwise endanger an animal's well-being. Procedures completed by a licensed veterinarian in accordance to their standard practices shall not be considered cruelty.
(R) FIGHTS.
(1) 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.
(a) It is unlawful for any person to sell, receive, possess, transport, loan, or give away any animal fighting paraphernalia.
(b) 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 Village.
(c) 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.
(2) Nothing in this section shall prohibit a person from engaging in legal hunting practices as allowed by state wildlife authorities.
(S) 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 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.
(T) HOBBLING.
(1) It is unlawful for any person to hobble, tether, or stake livestock or other animals by any means which may cause injury or damage to said animal.
(2) It is unlawful for any person to hobble, tether, or stake livestock or other animals so that they become entangled or are prevented access to any and all care and maintenance items required by § 7.2.8(R) of this Article.
(U) INTERFERENCE WITH THE ANIMAL CONTROL OFFICER IN THE PERFORMANCE OF HIS DUTIES.
(1) No person shall attack, assault or in any way threaten or interfere with the Animal Control Officer in the performance of the duties required by this Article.
(2) 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 Control officer in the legal performance of his or her duties.
(3) No person shall interfere with or tamper with any equipment used by Animal Control Officers, including release of animals contained in such equipment.
(4) No person shall engage in conduct that would agitate, obstruct, oppose, or distract an Animal Control Officer in the legal performance of his or her duties.
(V) KEEPING A SERIOUSLY SICK OR INJURED ANIMAL.
(1) 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.
(2) The Animal Control Officer 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 Officer may utilize a standard body scoring system to evaluate the condition of an animal.
(3) In the absence of proper veterinary care, the Animal Control Officer may impound such a seriously sick or injured animal in accordance with the provisions of this Article.
(4) 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.
(W) SALE AND DISPLAY OF ANIMALS.
(1) 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 Animal Control Officer. No permit shall be required for any livestock sold for use as food.
(2) No person shall offer for sale, sell, barter or give away turtles except in conformance with the appropriate federal regulations.
(3) No person shall offer an animal as a prize, giveaway or award for a contest, game, sport or as an incentive to purchase merchandise.
(4) Animal exhibits.
(a) 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 Officer. 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 the applicant has been convicted of charges of animal cruelty, abuse, or neglect, or has violated the Federal Animal Welfare Act.
(b) 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 Officer.
(c) The following are exempt from the requirements of this section:
(i) Individuals or groups holding a State of New Mexico regulated permit or a federally regulated permit.
(ii) Events sponsored by a municipal zoo or aquarium facility.
(iii) Competitive sporting events.
(d) Persons involved in these exempt activities shall comply with all other applicable sections of this Article.
(5) Sale of live companion animals at pet shops is prohibited unless the pet shop has an approved professional animal site permit. Sale of cats or dogs in pet shops is prohibited.
(6) The sale of rabbits for purposes other than as a companion animal, which are not otherwise prohibited under this Article, is allowed.
(X) 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.
(Y) 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 Article.
(Z) VICIOUS OR DANGEROUS ANIMALS.
(1) It is unlawful for any person to keep or harbor a vicious animal. When an Animal Control Officer has probable cause to believe that an animal is vicious, the Animal Control Officer may take up and impound the animal into protective custody awaiting appropriate court proceedings. Following judicial determination that an animal is vicious, the court having jurisdiction over the enforcement of this Article, shall, in addition to any fine or imprisonment imposed for violation of this section, order the owner or keeper of such vicious animal to destroy it humanely or turn such animal over to the Animal Control Officer for destruction.
(2) It shall be unlawful to maintain a dangerous animal in a manner which constitutes a threat to any person or other animal. When an Animal Control Officer has probable cause to believe that an animal is dangerous, the officer may take up or impound the animal into protective custody awaiting appropriate court proceedings. Following judicial determination that an animal, other than a dog, is dangerous, the court having jurisdiction over the enforcement of this Article shall, in addition to any fine or imprisonment imposed for a violation of this section, order appropriate conditions for registration, confinement, and handling of such dangerous animal by the owner. Any violation of the registration, confinement or handling of such animal by the owner as set by the Court may result in the immediate impoundment and humane destruction of such dangerous animal by the Animal Control Officer.
(3) The owner of any dog that is deemed dangerous by court determination or by admission of the owner shall register the dog as a dangerous animal with Animal Control. The owner of such dangerous dog shall further comply with all of the registration and handling requirements as listed in NMSA 1978 § 77-1A-5(A) and 5(C). The Animal Control Officer shall also comply with §77-1A-5(D) in the event that the owner of such dangerous dog fails to comply with all registration, confinement, or handling requirements contained in such sections.