(A) Duties. The Animal Control Director and his or her deputized officers shall have the authority to issue citations for violations of this chapter and to perform other duties as are prescribed herein. For the purpose of discharging the duties imposed by this chapter, the Animal Control Director and his or her duly appointed and deputized officers are hereby authorized and permitted to enter upon any premises, after receiving a signed and lawful complaint, and having notified residents of intent of investigation and gained their permission for the investigation, to ascertain if any provision of this chapter or any laws of the State of New Mexico relating to the care, treatment, control and prevention of cruelty to animals are being violated. All citations must be honored in a court of law subject to penalties as stated herein. If, however, the owner or occupant of any dwelling objects to investigation, as above stated, a warrant for the investigation of the dwelling and premises, issued by a court of competent jurisdiction shall be in the possession of the officer(s) or deputy prior to inspection.
(B) Impoundment. The Animal Control Director and his or her officers or any Sheriff’s deputy may impound any animal found running at large unaccompanied by and not under the control of, the owner, or of a competent person. The above named officers may impound an animal in the act of pursuing, wounding or killing livestock, poultry, or attacking a human. Seventy-two hours after attempting to notify tag owner the animal may be destroyed whether or not it wears a tag required by the State of New Mexico. There shall be no liability on the part of the animal control officers or the Sheriff’s deputies in damages for the killing.
(C) Resisting officers. It shall be unlawful for any person to hinder, resist, or oppose the Animal Control Director or his or her duly deputized and appointed officers and/or Sheriff’s deputies in the lawful performance of their duties.
(Ord. passed 6-23-1997; Am. Ord. 2022-02, passed 3-2-2022) Penalty, see § 90.999