For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Shall is always mandatory and not merely a directory; the masculine includes the feminine.
ABANDON. To withdraw protection, support or help with the intent of never again claiming right or interest in.
ADOPTION. To take by choice and assume responsibility for proper care in accordance with this chapter.
ANIMAL. Dog, cat, or any other mammal, excluding man and those controlled by the New Mexico Department of Game and Fish, and the New Mexico Livestock Board, and poultry.
ANIMAL CONTROL CENTER or SHELTER. Any establishment authorized by the County of Valencia for the care and custody of impounded animals.
ANIMAL CONTROL OFFICER. The person who is responsible for the enforcement of this chapter and the regulations promulgated thereunder and under the supervision of Animal Control Director.
ANIMAL NUISANCES. Any dogs and/or cats habitually or continuously barking, howling, or otherwise disturbing the inhabitants of the county, or are kept and/or maintained in a manner as to disturb by noxious or offensive odors, or otherwise endanger the health and welfare of the inhabitants of the county.
BITE. The puncture or tear of the skin inflicted by the teeth of an animal.
COMMISSION. The elected governing body of the County of Valencia.
COMPETENT PERSON. A person having knowledgeable background to function in an appropriate and humane manner regarding the welfare of all animals.
CONFINED. Restrictions of an animal at all times by an owner or keeper to an escape-proof building or other enclosure away from other animals and the public.
COUNTY OF VALENCIA or COUNTY. Includes the land area within the boundaries of the County of Valencia, including privately owned land and state owned or federal land, except the area within the limits of any incorporated municipality which enters into the joint powers agreement with the county for animal control.
DANGEROUS ANIMAL.
(1) An animal which, when unprovoked, engages in behavior that requires a defensive action by a person to prevent bodily injury to a person or animal when the person and the animal are off the property of the owner of the animal;
(2) An animal which, when unprovoked, injures a person, but the injury does not result in muscle tears or disfiguring lacerations, or require multiple sutures, or require corrective or cosmetic surgery; or
(3) An animal that, because of its poisonous bite or sting, would constitute a significant hazard to the public.
GUARD DOG. A dog that is used to protect commercial property.
GUARD DOG SITE. Premises utilizing a guard dog, and which has a current guard dog permit.
HOBBY KENNEL/CATTERY. A person involved in animal activities such as, but not limited to, showing or controlled breeding of registered purebred dogs and/or cats.
HUMANE SOCIETY. Any establishment owned or operated by an organization recognized by the State Corporation Commission to be non-profit, whose sole function is to bring aid and comfort to dogs and/or cats.
INTACT ANIMAL. An animal that has not been surgically sterilized.
INTACT ANIMAL PERMIT. A permit issued to those persons who wish to maintain an intact dog or cat for some purpose other than breeding who do not wish to pay a sterilization deposit.
KENNEL, COMMERCIAL. Any establishment where dogs and/or cats are boarded or maintained under controlled conditions and is operated as a business.
LIVESTOCK. All domestic animals of the following genera: equine, bovine, ovine, caprine, and porcine.
OWNER. A person, who owns, has, keeps, harbors, or permits animal(s) to remain in, on, or about his or her premises and is responsible for the welfare and maintenance of the animal(s).
PERMITTED PREMISES. The establishment, property or site for which a valid permit has been issued by the Animal Control Director for use as a commercial kennel, humane society, pet shop, guard dog site, hobby kennel site.
PET SHOP. Any establishment owned or premises maintained for the purchase, sale, exchange or hire of animals except livestock.
QUARANTINE. The detaining and isolation of an animal suspected of contagion, for the purpose of observation.
RUNNING AT LARGE. Being neither confined by an enclosure, physically restrained by a leash, nor under voice or sound control of a competent person when off the premises occupied by the owner.
SERVICE ANIMAL. Animal trained to assist impaired person(s) and having identification from a training center, certifying or authorizing agency.
STERILIZE. Surgically rendering an animal unable to reproduce.
STRAY. Any dog or cat which shall be off and away from its home unattended without tags or other indications of ownership.
VACCINATION. Protection provided against rabies by inoculation with a recognized vaccine approved by the director of the Health Services Division of the Health and Environment Department of the State of New Mexico, and administered by or under the supervision of a licensed veterinarian.
VETERINARIAN. A person with a Doctor of Veterinary Medicine degree licensed to practice veterinary medicine in the State of New Mexico.
VICIOUS ANIMAL.
(1) Any animal that kills or severely injures (so as to result in muscle tears or disfiguring lacerations, requiring multiple sutures, or require corrective or cosmetic surgery) a person or domesticated animal, but it does not include an animal that bites, attacks or injures a person or animal that is unlawfully upon its owner’s premise, or that is provoked;
(2) Any animal which, when unprovoked, engages in behavior that requires a defensive action by a person to prevent bodily injury to a person or animal when the person and the animal are off the property of the owner of the animal;
(3) An animal which, when unprovoked, injures a person but the injury does not result in muscle tears or disfiguring lacerations, or require multiple sutures, or corrective or cosmetic surgery; or
(4) An animal which, because of its poisonous bite or sting, would constitute a significant hazard to the public.
WORKING DAY. For the purpose of this chapter, Tuesday through Saturday, except when these days are observed as holidays.
(Ord. passed 6-23-1997; Am. Ord. 2004-16, passed 12-15-2004; Am. Ord. 2022-02, passed 3-2-2022)