(A) Generally. The keeper of any animal which has been impounded under the provisions of this chapter shall have the right to redeem the animal upon payment of the impounding fees, care and feeding charges, veterinary charges, and the other costs attributable to the impoundment, as required under this chapter.
(B) Impoundment fees.
(1) The following fees shall be charged for the impoundment of any animal under the provisions of this subchapter:
(a) First redemption within calendar year: $5;
(b) Second redemption within calendar year: $20; and
(c) Third redemption within calendar year: $30.
(2) Whenever any animal is impounded, an additional fee of $3 shall be charged for each day, or fraction thereof, of impoundment for feeding and caring for the animal. In addition, should the services of a veterinarian be required, in the opinion of the Animal Control Officer, his or her fees shall be added.
(C) Time.
(1) All impounded animals shall be redeemed within 5 days after impoundment. The day after the animal is impounded shall be considered day one.
(2) Any animals not redeemed within the required period shall become the property of the Raton Humane Society and may be placed for adoption upon the payment of the license fee, impoundment fees, care and feeding charges, veterinary charges, and the other costs or requirements as set by the Raton Humane Society.
(D) Disposition of impounded animals.
(1) Notice. If the owner of an impounded animal is known, the animal shelter shall make a reasonable effort to notify the owner immediately.
(2) Duration.
(a) All impounded animals without identification shall be held for a minimum of 5 working days.
(b) All stray animals with identification shall be held a minimum of 5 working days, during which time, serious efforts will be made to locate the owners and notify the owner of his/her right to reclaim the animal.
(c) All quarantined animals shall be held and observed for a period of 10 consecutive days from the date of the bite or seizure.
(d) All owner surrendered animals immediately become the property of the Raton Humane Society, and shall be kept at the Raton Shelter, at the time of surrender. If an animal is surrendered, the city or the Raton Humane Society shall not allow the person so surrendering an animal to adopt another animal for a period of 2 years.
(e) All animals placed under protective custody shall be held a minimum of 15 consecutive days.
(f) In computing any period of time, the day that the animal is impounded shall not be included. The last day of impoundment shall be included, unless it is a day when the Shelter is unexpectedly closed, in which case the period of time continues until the end of the next day which is not one of these days.
(3) Limited right of reclamation by owner. An owner or custodial person of any impounded animal shall have a limited right to redeem/reclaim the animal within the required holding period conditional on compliance with this subsection and all other applicable provisions of this title. To reclaim an animal, the owner/custodial person shall sign a statement of ownership/responsibility and comply with all provisions of this chapter prior to redeeming/reclaiming any animal. The person reclaiming shall show some proof of ownership sufficient for the Animal Control Officer to reasonably believe the person is the rightful owner (including but not limited to photos, veterinary records, purchase records).
(4) Payment of fees and other assignable costs. The limited right to redeem may only be exercised by the owner/custodial person upon payment to the City of Raton, at City Hall, of any license fees due, intact animal fee, hobby breeder fee, microchip fee, impounding fees, boarding charges, veterinary charges, sterilization deposit, and other costs incurred by the animal shelter for the care and maintenance of the animal, or as designated in the schedule of fees and other assignable costs.
(5) Sterilization agreement and sterilization deposit required.
(a) No unsterilized animal shall be released (owner reclaim or adoption) from an animal shelter to a person unless a sterilization agreement has been signed and a sterilization deposit has been paid, as provided in division (D)(5)(c) and (d) below.
(b) In addition to any adoption fee charged, a sterilization deposit of $125 shall be imposed on the adoption of each unsterilized animal from an animal shelter.
(c) Unsterilized animals less than 6 months of age shall be released only upon payment of the adoption fee and a sterilization deposit and after the adopting person has signed an agreement stating he will have the adopted animal sterilized when it is no older than 6 months of age.
(d) Unsterilized adult animals over the age of 6 months shall be released only upon payment of the adoption fee and a sterilization deposit and after the adopting person has signed an agreement stating he will have the animal sterilized within 30 days of the date of adoption.
(e) The sterilization deposit shall be reimbursed only upon presentation of a receipt from a veterinarian that the adopted or reclaimed animal has been sterilized.
(f) An unsterilized animal reclaimed by its owner shall be released without being sterilized upon payment of $125 for the sterilization deposit and impoundment fees imposed by the shelter, and the owner shall sign an agreement stating he will sterilize the animal within 30 days after release or will obtain a hobby breeder permit. The sterilization deposit shall be reimbursed upon presentation by the owner of a receipt from a veterinarian that the animal has been sterilized.
(g) Spayed or neutered animals shall not be subject to any sterilization fees, upon adoption or reclaim, but shall be subject to any other fees applicable in this chapter.
(6) Non-redeemed animals. Any animal not reclaimed within the required holding period shall become the property of the animal shelter and ownership shall be transferred to the Raton Humane Society. Such animals may be:
(a) Placed for adoption in conformance with the requirements of this section and state law including, but not limited to, NMSA § 77-1-20; or
(b) Transferred to the ownership of any animal shelter or certified rescue group, or euthanized in a humane manner (only as allowed in this chapter), in conformance with that organization's criteria.
(7) Adoption. An impounded animal shall not be released for adoption until:
(a) The required holding period for redemption/reclaiming has passed;
(b) The animal has been deemed adoptable by the Raton Humane Society; and
(c) The prospective adopter has paid any required adoption fee to the animal shelter or Raton Humane Society as noted in the schedule of fees and other assignable costs.
(8) Adoption of companion animals. For the adoption of any unsterilized dog or cat from the Raton Humane Society, the adopter shall pay the required adoption fee, as established by the animal shelter or Raton Humane Society and sign an agreement to have the animal sterilized by the age of 5 months or within 30 days, whichever is longer. The adopter shall have the animal sterilized within the required time period and shall provide the Raton Humane Society with written proof of said sterilization. If the adopted animal is already sterilized (spayed or neutered), the provisions of this division shall not be required of the adopter.
(9) Euthanasia. Any impounded animal may be euthanized by the Animal Control Officer, or by the Animal Shelter, or by such other persons as may be contracted with by the city to perform such euthanasia ONLY:
(a) For humane reasons to prevent the animal suffering; or
(b) If the owner admits that the animal is dangerous and transfers ownership of the animal to the Animal Shelter; or
(c) If the court finds that an animal is dangerous and poses an imminent threat to public safety and orders humane destruction of the animal consistent with the provisions of this chapter.
(10) Permanent identification.
(a) An owner must purchase a microchip from the Animal Shelter in conformance with the requirements of this chapter, implanted in the animal by injection before reclaiming the animal, unless it is already permanently identified.
(b) No reclaimed dog or cat shall be allowed to leave any animal shelter without being microchipped.
(c) If the animal arrives at the Shelter with tags or license information attached, it shall remain attached to the animal while housed at the Raton Animal Shelter.
(Ord. 995, passed 8-22-2017)