The following words, terms, phrases, and their derivations shall have the following meanings:
ABANDONED: Where an owner has relinquished all right, title, claim and possession of an animal with the intent of not reclaiming it or resuming its ownership, possession or enjoyment.
ADOPTION: To take possession by choice and assume responsibility for proper care and keeping of an animal in accordance with this chapter.
ANIMAL: A dog, cat, poultry, bird, reptile, insect, arachnid, fish or any other vertebrate, excluding the human species and those animals under the jurisdiction of the New Mexico Department of Game and Fish.
ANIMAL CONTROL CENTER OR ANIMAL CONTROL SHELTER: Any establishment or facility authorized by the City of Sunland Park, New Mexico, for the care and custody of impounded animals.
ANIMAL CONTROL OFFICER: The person(s) appointed by the mayor pursuant to section 5-2-5 of this chapter to assume and carry out the powers, authority, duties and responsibilities delegated to him or her by the governing body of the City of Sunland Park, New Mexico, in section 5-2-6 of this chapter.
APIARY OPERATION: The conduction of any activity where bees are raised or kept for their honey or pollination.
ARACHNID: Any of the various eight-legged arthropods, such as, but not limited to, spiders, scorpions, mites and ticks.
ARACHNID OPERATION: The conduction of any activity where arachnids are raised or kept.
ASTRAY: Any animal which shall be off and away from its home unattended and running at large within the city.
BITE: Any puncture or tear of the skin inflicted by the teeth of an animal.
CITY: The land area within the boundaries of the City of Sunland Park, New Mexico, as may be extended by future annexations from time to time, including privately owned land and city, state and federal owned land.
CONFINEMENT: The restriction of movement of an animal to the premises of its owner, or to the premises of one charged with the care and control of the animal.
COUNCIL: The governing body of the City of Sunland Park, New Mexico.
COUNTY: The County of Dona Ana, New Mexico.
GUARD DOG: A dog that is used to defend, patrol, secure, or protect property or persons.
HOBBY BREEDER: A small-scale dog or cat breeder who owns no more than three (3) breeding female dogs or cats (older than six (6) months), that are registered with a recognized registry organization or association.
IMPOUNDMENT: The taking into custody of a stray, vicious animal or an animal alleged to be vicious, by an animal control officer, municipal police officer, or duly authorized designee, and the detention of the animal in the animal control center.
IN SEASON OR IN HEAT: A period of time during which a female animal is capable of being impregnated or conceiving.
INSECT: Any of a class of usually winged invertebrate animals, such as, but not limited to, flies, beetles, moths, bees, wasps, butterflies, grasshoppers, lice, and flees, having three (3) pair of legs and a three-segmented body.
INSECT OPERATION: The conduction of any activity where insects are raised or kept.
KENNEL: Any person, joint venture, partnership, limited liability company, corporation or other business entity that is engaged in the maintenance and shelter of animals not their own for profit, or that is engaged in breeding and sale of animals for profit.
LEASH: A chain, strap or cord of sufficient substance to hold under control the animal attached thereto and shall be no longer than eight (8) feet.
LIVESTOCK: Horses, cattle, pigs, sheep, goats, rabbits and/or poultry.
MUNICIPAL POLICE: The police department of the City of Sunland Park, New Mexico.
NUISANCE: Means, but is not limited to, defecation, urination, disturbing the peace, emitting noxious or offensive odors, or otherwise endangering or offending the well-being of the inhabitants of the City of Sunland Park, New Mexico.
OWNER: A person who owns, possesses, harbors, keeps, or has custody or control, or knowingly causes or knowingly permits an animal to be harbored or kept or has an animal in his or her care, or who permits an animal to remain on or about his or her premises.
PETSHOP: Any person, joint venture, partnership, limited liability company, corporation or other business entity that is engaged in the buying and selling or grooming of animals for profit.
PREMISES: A parcel of land and the structures thereon.
REPTILE: Any of various cold-blooded, egg-laying vertebrates, such as, but not limited to, snakes, crocodiles, lizards, frogs, turtles, iguanas, gekos, salamanders, newts, and toads.
RUN OR RUNNING AT LARGE: To be free of physical restraints and go beyond the boundaries of the premises of the owner.
SERVICE ANIMAL: An animal which has been trained by a recognized service animal trainer to assist a blind person, a hearing impaired person, or a mobility impaired person. The term shall also include an animal that is deemed necessary by a physician licensed to practice medicine in the State of New Mexico. The term shall also include an animal which has been trained and used by law enforcement for legitimate law enforcement purposes.
VETERINARIAN: A person with a doctor of veterinary medicine degree licensed to practice in the State of New Mexico.
VICIOUS OR DANGEROUS ANIMAL: Any of the following:
A. Any animal which kills or severely injures (so as to result in muscle tears or disfiguring, laceration, require multiple sutures, corrective or cosmetic surgery) a person or domesticated animal within the city. It does not include an animal which bites, injures, attacks or attempts to attack any person or animal, which is unlawfully or without permission upon its owner's or keeper's premises or which is provoked to attack or attempt to attack;
B. Any animal which, when unprovoked, engages in behavior that requires a defensive action by a person to prevent bodily injury to a person or domesticated animal within the city when the person and the domesticated animal are off the owner's or keeper's property; or
C. Any animal which, because of its poisonous bite or sting, would constitute a significant hazard to persons or domesticated animals within the city.
D. No animal which bites, injures, attacks, or attempts to attack any person or animal, which is unlawfully or without permission upon its owner's or keeper's premises, or which is provoked to attack or attempt to attack, or which is responding to pain or injury, protecting itself or its offspring, or protecting or defending a human being, shall be deemed a vicious animal.
WILD ANIMAL: Any of the various warm- or cold-blooded vertebrates, insects, or arachnids living in a natural state, not domesticated, bred or raised, including exotic species. (Ord. 2006-06, 4-18-2006)