(A) If any dog shall kill or injure any livestock or poultry, the owner or keeper of that dog shall be liable for all damages that may be sustained thereby, to be recovered by the party so injured before any court having competent jurisdiction, and it shall be unlawful to keep the dog after it is known that the dog is liable to kill livestock or poultry and it shall be the duty of the owner to kill, or have killed, the dog upon order of the court after a finding that the dog has killed or injured livestock or poultry, and provided further, that it shall be the right of the owner of livestock or poultry so killed or injured by the actions of any dog to kill the dog while it is upon property controlled by the owner of the livestock or poultry.
(B) Any peace officer may impound any dog found running at large unaccompanied by and not under the control of the owner or handler, and further, the peace officer shall destroy the dog if it is in the act of pursuing or wounding livestock or wounding and killing poultry or attacking humans. Any peace officer may kill any dog in the act of pursuing or wounding any livestock or wounding or killing poultry or attacking humans whether or not the dog wears a rabies tag required by NMSA § 77-1-3. There shall be no liability of the peace officer in damages or otherwise for the killing.
(Ord. passed 6-23-1997
; Am. Ord. 2022-02, passed 3-2-2022
) Penalty, see § 90.999