(A) PENALTY ASSESSMENT MISDEMEANORS. Any violation of this Article shall be a penalty assessment misdemeanor. For a first offense within any 12 month period for violations of § 7.2.4, § 7.2.5 (B), (C), or (D), the Animal Control Officer shall offer the alleged violator the option of acknowledging guilt of the offense, foregoing a court hearing, and accepting a penalty assessment as established by resolution of the Board for the first offense, or of having the matter set for a court hearing.
(1) ACCEPTANCE OF PENALTY ASSESSMENT.
(a) If the alleged violator accepts the penalty assessment, his signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice.
(b) Payments of penalty assessments must be received in the Village Office within thirty (30) days from the date of citation. If the violation was under § 7.2.5(D) of this Article, payment must be accompanied by proof of rabies vaccination.
(2) REJECTION OF PENALTY ASSESSMENT.
(a) An alleged violator who chooses a court hearing shall be served with a citation requiring him to appear before the Municipal Court at a date and time stated in the citation. The citation may be served by mail or in person.
(b) The court shall have discretion to impose any penalties up to the maximum permitted by state law upon an alleged violator who chooses a court hearing and is convicted of the offense charged.
(B) APPEARANCE. Any person charged with any violation of any section other than those specified in § 7.2.7(A) of this Article shall be served with a citation requiring the alleged violator to appear before the Municipal Court at a date and time stated in the citation. The citation may be served by mail or in person. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this Article.
(C) MAXIMUM PENALTY. The maximum combined sentence of imprisonment that may be imposed for all offenses shall not be greater than one hundred seventy-nine (179) days and the combined maximum fine shall not exceed five hundred dollars ($500.00).
(D) MINIMUM FINES. Minimum fines may be established by resolution of the Board of Trustees.
Ordinance and State Law References regarding Chapter 7, Article 2 (f/k/a Chapter 3):
Ordinance #105, July 22, 1992;
Ordinance #253, June 8, 2016;
Ordinance #255, August 10, 2016;
Animals § 3-18-3 NMSA 1978;
Dogs §§ 77-1-12, 77-1-13 NMSA 1978;
Municipal Court Search Warrants SCRA Rule 8-207;
Maximum Penalty for violation of ordinances: § 3-17-1 (C)(1) NMSA 1978.
General authority relative to animals, NMSA 1978, §§ 4-37-1, 3-18-3; animals generally, NMSA 1978, § 77-1-1, et seq