(A) Title. This chapter shall be known as the Animal Care and Control Ordinance of the City of Raton and shall be referred to elsewhere herein as "this chapter".
(B) Authority. This chapter is created pursuant to the enabling authority set forth in NMSA §§ 3-18-3, 77-1-15.1 and 77-1-20.
(C) Purpose. It is the intent of the Commission that enactment of this chapter will:
(1) Protect residents from immediate threat to health or safety;
(2) Regulate, restrain, and prohibit the running at large of animals within the boundary of the city;
(3) Provide for the impounding and disposition of animals found running at large;
(4) Prohibit cruelty to animals;
(5) Promote a rural and animal friendly character within the city; and
(6) Reduce the number of unplanned or unwanted litters of puppies and kittens so as to reduce the large numbers of dogs and cats within the city that are neglected, mistreated, abandoned, or relinquished to shelters.
(D) Severability of provisions. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter, it being the intent of the Commission to enact each section, subsection, sentence, clause, or phrase of this chapter separately and independently of each other section, subsection, sentence, clause, or phrase.
(E) Amendments. The Commission may amend or modify this chapter in accordance with state statutes, and following a public hearing, due notice of which shall be given by the city.
(F) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The intentional act of leaving an animal for more than 24 hours without making effective provisions for its proper feeding and care.
ANIMAL. Any dog or cat or any vertebrate or invertebrate (excluding man).
ANIMAL CONTROL OFFICER. The Animal Control Officer of the municipality or his or her designated representative, or any city police officer.
ANIMAL SHELTER. Any establishment authorized by the municipality for the care and custody of impounded animals. The Raton Shelter shall be exclusively for animals picked up or surrendered from the city limits and extraterritorial zone.
BITE. A puncture or tear of the skin inflicted by the teeth of an animal.
CANINE HYBRID. Any canine which results from the breeding of a domestic dog (Canus domesticus) with any other canine subspecies, including, but not limited to, wolves and coyotes.
COMPANION ANIMAL. A dog or cat that is not a hybrid, kept as a pet by humans.
CONTINUOUSLY or CONTINUAL. Continuing without interruption for a period of 10 minutes, and/or interrupted then starting again where the animal noise occurs in each of the 10 one-minute period intervals.
CONTROLLED BREEDING. Breeding of a companion or domestic animal that follows a breeding plan in efforts to preserve and protect the breed, and producing between 0 and 4 litters yearly only when a litter will enhance the breed and the breeding program.
DANGEROUS DOG. Any dog which, when unprovoked, inflicts an injury which is a serious injury to a person, domestic animal, or livestock.
EUTHANASIA. The humane killing of an animal by an authorized person in a manner commonly recognized as humane and approved by the appropriate state agency, and does not cause undue pain or suffering to the animal.
EXOTIC ANIMAL. An animal which is rare or different from ordinary domesticated animals and is not indigenous to the state.
FOSTER CARE PROVIDER. Any person who fosters an anima) from or through an animal shelter to care for the animal's physical and emotional needs, to assist in making the animal adoptable, or to provide a safe, homelike environment to minimize the effects on the animal being separated from its family.
HOBBY BREEDER. A person involved in controlled breeding of companion animals that are registered with a nationally or internationally recognized animal registry organization.
HOBBY BREEDER SITE. Any residence, building, or other structure used in whole or in part for keeping, raising, or breeding animals registered with a nationally or internationally recognized animal registry organization, and of which the resultant offspring are not sold for resale to commercial outlets or for the purpose of research, testing, or laboratory experimentation.
INTACT. A dog or a cat over 6 months old that has not been altered.
KEEPER. Any person who owns, harbors, keeps, or has control or custody of an animal for more than 6 days. This term shall not apply to veterinarians or kennel owners temporarily maintaining on their premises animals owned by others.
KENNEL. Any establishment wherein or whereon dogs or cats are kept for the purpose of breeding, sale or sporting purposes.
LEASH. A chain, strap or cord specifically manufactured to be attached to the harness or collar of an animal, made of sufficient substance to keep the attached animal under control by the person holding the leash.
MUNICIPALITY. The area lying within the incorporated boundaries of the city.
NUISANCE. Means, but is not limited to, activity disturbing the peace, emitting noxious or offensive odors, or otherwise endangering or offending the environment of the municipality.
OBVIOUS SIGNS OF PET OWNERSHIP. A domestic animal which, at the time the animal is taken up and impounded, is wearing a collar or harness, whether or not the animal is wearing license or immunization tags, or which has been tattooed or which has been implanted with a microchip identification device.
OWNER. A person who owns, possesses, or exercises control or custody over an animal, or if that person is under the age of 18, that person's parent or guardian. If an animal has more than one owner, each shall be considered an owner and subject to the provisions of this chapter. Any person acting as the agent of the owner, or any person over the age of 18 in a household who is left in charge of an animal, may also be deemed the owner.
POTENTIALLY DANGEROUS DOG. A dog that may reasonably be assumed to pose a threat to public safety as demonstrated by any of the following behaviors:
(a) Chasing or menacing a person or domestic animal or livestock in an aggressive manner and without provocation; or
(b) Acting in a highly aggressive manner within a fenced yard or enclosures and appearing able to jump out of the yard or enclosure; or
(c) Any dog which, when unprovoked, inflicts an injury which is less than a serious injury to a person, domestic animal, or livestock.
PROPER ENCLOSURE. Secure confinement indoors or outdoors, such as in a fenced yard, locked pen or other structure that is designed to prevent the animal from escaping the confined area but does not include chaining, restraining or otherwise affixing the animal to a stationary object.
QUARANTINE. The strict confinement and isolation of an animal for any length of time in accordance with this title, state law, or federal law, in order to observe for and control the spread of infectious or contagious diseases, such as rabies.
REASONABLE. What conventional wisdom would deem as justifiable or explainable, i.e., being within the bounds of reason.
RUNNING AT LARGE. An animal off the premises of the keeper and not under the direct control of a competent person. Direct control means connected by a secure leash not over 6 feet in length or some other equivalent means of direct control.
SECURE ENCLOSURE. Secure confinement indoors or outdoors, such as a parcel of land, or any portion thereof, completely surrounded at its perimeter by a wall or fence, locked pen or other structure, that is designed to prevent the animal from escaping the confined area and young children from entering the confined area. The enclosure must be of sufficient height and strength to contain the animal within and provide sufficient room for the animal to comfortably move around within the structure.
SERIOUS INJURY. A physical injury that results in broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery.
STRAY or ESTRAY. Any animal that has no identifiable keeper.
UNREASONABLE. What conventional wisdom would deem as unexplainable or unjustified, i.e., not being guided by reason.
VACCINATION. The vaccination of an animal with an antirabies vaccine approved by the Secretary of the Health and Environment Department and administered under the supervision of a veterinarian.
VETERINARIAN. Any veterinarian licensed in the state.
VICIOUS DOG. Any dog which kills or seriously injures a person or a domestic pet or livestock. Any animal that bites, attacks or attempts to attack any person, or a domestic pet, or livestock who is unlawfully upon its owner's or keeper's premises, or which is provoked to attack, shall not be deemed a VICIOUS DOG.
WILD ANIMAL. Any animal which is wild by nature and cannot normally be domesticated or controlled.
(Ord. 995, passed 8-22-2017)