(A) Physical abuse. It is unlawful for any person to maliciously kill, maim, torture, mutilate, burn, or to cruelly drive or work any animal.
(B) Poisoning. It is unlawful to poison domestic animals or to distribute poison or toxicants in any manner with the intent of so poisoning.
(C) Care and maintenance. The owner or custodian of an animal shall be responsible for its care and maintenance. The owner or custodian of any animal shall have the following obligations in regard to the care and maintenance of each animal:
(1) The owner or custodian of an animal shall provide the animal with:
(a) Food. Uncontaminated, edible, nutritious food, in an adequate quantity to maintain the normal weight and condition of a healthy animal. The amount of food administered must conform to the individual animal's age and condition. All food containers shall be kept clean;
(b) Water. Animals shall be provided with constant access to a supply of potable water with sufficient amount as to maintain good health as required by the species whether the animals are outdoors or indoors except as directed by a veterinarian. Snow or ice is not an adequate water source. Fowl shall at all times be provided receptacles kept constantly filled with clean water.
(c) Shelter.
1. Outside housing shall be soundly constructed of solid materials, such as wood or plastic panels, and of a size appropriate for that species that allows the animal to be able to stand up, sit down, lie down, and turn around, and contain straw or other form of bedding that is regularly changed, in order to protect animals from all 4 directions from the adverse effects of weather, including sun, wind, rain and snow that could be detrimental to the health of the animal. An enclosure is overcrowded unless its area is at least the square of the following sum for each animal confined therein: the sum of the length of the animal in inches (tip of nose to base of tail) plus 6 inches. Sufficient lighting shall be provided by either natural or artificial means. There shall be appropriate housing for each animal, separately.
2. The shelter and enclosure area shall be kept clean to promote the health of the animal. An enclosure is unclean when it contains more than 2 day's elimination of each animal enclosed therein. An enclosure is unhealthy when it is likely to cause illness of the animal.
(d) Exercise area. Area for exercise that is large enough to accommodate that species.
(e) Ventilation. Ventilation must be sufficient to provide for the health and safety of the animal and prevent strong odors from forming.
(f) Veterinary medical care. Animal owners shall provide regular basic and emergency medical care for all their animals. No person shall keep an animal which is seriously sick or injured without providing proper veterinary care to the animal. The Animal Control Officer may require a letter of health evaluation from a licensed veterinarian describing the condition of the animal at the owner's expense.
(g) Cleaning and grooming. Basic cleaning and grooming shall be provided as necessary for the health and general welfare of the animal. Grooming the coat on most animals is necessary to ensure the coat is not matted to the point that it becomes so heavy as to cause skin irritation or trap fecal matter. Animal shall not be so dirty as to provide a home for parasites and insects.
(h) Microchip. No animal shall be allowed to have any foreign object imbedded in its skin, fur or hair other than a microchip for companion animals.
(2) Any owner of an animal shall provide the animal with access to shade, not including its required shelter.
(3) It is unlawful for a person to carry an animal in or upon any vehicle in a cruel, inhumane, or unsafe manner, including the open bed of a truck where the animal may fall out or suffer from the elements of weather. If an Animal Control Officer determines that an animal in an enclosed vehicle is in immediate danger, the Animal Control Officer may enter the vehicle for the sole purpose of rescuing an animal in danger, by any means necessary and/or legal, without being liable to the owner of the vehicle. The Animal Control Officer may take any animal rescued in this manner into protective custody.
(Ord. 995, passed 8-22-2017)
Statutory reference:
Authority to prohibit, see NMSA § 3-18-3A(1)
Cruelty to animals, see NMSA § 30-18-1