Chapter 6.05
ANIMAL CONTROL
Sections:
6.05.030 Nonpermitted and permitted animals and fowl.
6.05.040 Pit bulls prohibited.
6.05.060 Care and maintenance.
6.05.090 Exposure to poisonous substances.
6.05.100 Striking by vehicle – Removal of rabid and dead animals.
6.05.120 Keeping wild or dangerous animals prohibited.
6.05.150 Animals assisting the disabled.
6.05.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“4-H program” means the specific youth organization conducted by the New Mexico State University Cooperative Extension Service, United States Department of Agriculture.
“Amphibian” means any organism belonging to the vertebrate class Amphibia (including but not limited to frogs, toads, salamanders and caecilians).
“Animal” means any live, vertebrate or invertebrate creature, excluding human beings.
“Animal control/codes officer” means any person designated by the governing body as an animal control officer. The officer’s duties are defined in the job description for such position, which is on file with the village clerk-administrator.
“Animal shelter” means any premises designated by the Village for the purpose of impounding and caring for animals coming into the Village’s custody.
“Animal shelter director” means the person or agency-designated director of the animal shelter who will keep accurate and detailed records of all vaccinations, registrations, permits, impoundments of animals and will be responsible for health, cleanliness, proper management and operation of the animal shelter.
“Auction” means any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners.
“Aviary” means any totally fence-enclosed outdoor pen, for the purpose of housing birds, that is structurally sound and sufficiently designed to repel cats, rats, squirrels, or any other animal from entering the structure.
“Bite” means any abrasion, scratch, puncture, tear or piercing of the skin actually or suspected of being caused by an animal’s mouth.
“Circus” means a commercial variety show featuring animal acts for public entertainment.
“Collar” means a band, chain, harness or other suitable device worn around the neck of an animal to which current rabies vaccination and registration tags can be affixed.
“Emergency measure” means any action taken by animal control or its designated agents to preserve the health and/or life of an animal or human being, including but not limited to entering vehicles or upon premises, with probable cause, and impounding the animal to prevent present or imminent suffering.
“Enclosure” or “enclosed fence” means any animal pen, or a fenced or walled yard.
“Escape-proof enclosure” means any enclosure that, by the nature of the design and material used, precludes the escape of the occupants. For venomous animals this definition includes the incorporation of a lock into the design of the enclosure.
“Falconer” means any person who keeps any bird of prey.
“FFA (Future Farmers of America) program” means the specific national youth organization that promotes the development of agricultural leadership, vocational agriculture, cooperation, and citizenship under the auspices of the U.S. Department of Education.
“Fowl” means any bird.
“Inspection” means a visual check by the codes enforcement department of any premises to ensure that no health, safety, or nuisance violations are detectable. Such inspections may be made at any time deemed necessary by the codes enforcement department.
“Kennel, commercial” means any premises on which eight or more dogs or eight or more cats or eight or more rabbits, four months of age or older, are kept; or where the business of buying, selling, breeding, training or boarding of dogs or cats or rabbits is conducted, but does not include veterinary hospitals, humane societies, animal shelters or pounds approved by a governmental agency.
“Kennel, private residential” means any premises on which more than two dogs or two cats or two rabbits, or any combination thereof in excess of two, but not more than seven in number, four months of age or older, are kept and on which premises the business of buying, selling, breeding, training, or boarding of dogs, cats or rabbits is not carried on, with the exception that the sale of not more than two litters per year shall be permitted.
Nuisance. See “public nuisance.”
“Owner” means any person, partnership, or corporation owning, keeping, or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more.
“Performing animal exhibition” means any spectacle, display, act, or event, other than a circus, in which performing animals are used and to which the general public is invited.
“Pet” means any dog, cat, rabbit, amphibian, reptile, caged bird, aquarium fish, caged rodent or caged ferret.
“Pet shop or dealer” means every person, including wholesalers and retailers, engaged in the business of selling or holding pet animals for sale.
“Poisonous” means any animal or fish that produces a toxin that may be introduced into the human body through voluntary actions on the part of the victim, such as ingestion of the animal.
“Premises” means any place where animals are kept or sheltered, including the land, but not including any dwelling occupied by human beings.
“Professional biologist” means any person with an advanced degree, or studying toward an advanced degree, in the biological sciences.
“Prohibited animals” means:
1. Any ape or other nonhuman primate;
2. Any member of the genus Canis, including wolf, hybrid wolf, coyote, jackal or fox, and similar species except Canis familiaris;
3. Any member of the genus Felis, including leopard, lion, panther, tiger, lynx, bobcat, cheetah, ocelot, margay, jaguarundi, and any similar species except Felis domesticus;
4. Mustelids, other than the domestic ferret (Mustela putorius furo);
5. Skunk;
6. Any poisonous reptile or venomous species except bees that produce products for human consumption or use;
7. Crocodile, alligator, caiman or related species;
8. Miniature Vietnamese pot-bellied pig;
9. Ostrich or any other Ratites;
10. Bear; and
11. Except for the small mammals permitted to be raised by rodent breeders, all other mammals that usually live in a natural state of undomesticated freedom including the opossum, raccoon, armadillo and squirrel.
“Public nuisance” means any animal that:
1. Molests passersby or passing vehicles;
2. Attacks other animals;
3. Trespasses on school grounds, public or private property;
4. Is running at large;
5. Damages private or public property;
6. Is deemed a vicious animal in the opinion of the animal control officer; or
7. Barks, whines, or howls in an excessive or continuous fashion, which disturbs the repose of others.
“Rehabilitator” means an individual who is licensed by the federal government, the state Department of Game and Fish and the Village codes enforcement department to keep injured or immature fowl in an outdoor aviary until such birds are able to be released to the wild or are euthanized.
“Reptile” means any organism belonging to the vertebrate class Reptilia (turtles, lizards, snakes, crocodilians and amphisbaenids).
“Responsible person for the animal” means the owner of an animal, or an adult person placed in charge of the animal in the absence or incapacitation of the owner.
“Restraint” means any animal secured by a leash or lead no more than eight feet in length, which animal is under the immediate control of a responsible person or in an enclosed area in which an animal may be tethered, by a tether not less than 12 feet or of a length sufficient to confine the animal within the boundaries of the real property limits of the owner or responsible person.
“Stray” or “estray” means any licensed or unlicensed animal running at large unattended, and not under restraint, within the Village limits on any public street, alley or private property of another private citizen.
“Vaccination” means the inoculation of an animal with a vaccine administered by a veterinarian for the purpose of immunizing the animal against rabies as required by state law.
“Venomous animal” means any animal with the capability of causing harm by the introduction of a toxic substance into the body of another animal or human being.
“Veterinarian” means a doctor of veterinary medicine licensed by the state Board of Veterinary Medicine to practice veterinary medicine.
“Veterinary hospital or clinic” means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
“Vicious animal” means any animal that demonstrates a physical threat to human beings or to other animals. This shall include but is not limited to:
1. Any unprovoked attack against any person or animal resulting in any injury.
2. Any animal chasing or menacing a person or domestic animal, which engages in aggressive behavior that requires a defensive action by a person to prevent injury to a person or animal.
3. Any animal acting in a highly aggressive manner when outside of the owner’s premises.
“Wild” means ferae naturae, wild by nature, not usually tamed.
“Zoning administrator” means any person designated by the governing body to enforce or implement the zoning ordinances.
“Zoological park” means any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals operated by a person or government agency. [Amended during 2014 codification; Ord. 241 § 7-1-1, 2007].
6.05.020 Enforcement.
A. The civil and criminal provisions of this chapter shall be enforced by those persons or agencies designated by the village clerk-administrator and village council.
B. It shall be a violation of this chapter for any person to interfere, hinder or molest any animal control or codes officer in the performance of the officer’s duties.
C. A person in violation of this chapter will be issued a citation or written complaint to appear in municipal court.
D. Refusal to sign the citation to appear in municipal court shall require the officer to file a criminal complaint before the municipal court, which may result in an arrest warrant being issued for the person refusing to sign the summons. [Amended during 2014 codification; Ord. 241 § 7-1-2, 2007].
6.05.030 Nonpermitted and permitted animals and fowl.
A. It shall be unlawful for any person to keep for any duration whatsoever within the Village limits any live cattle, horse, donkey, mule, sheep, goat, swine, chicken, duck, goose, turkey, pigeon, dove, peacock, other like fowl, or prohibited animal except that licensed rehabilitators may maintain injured birds for rehabilitation purposes or as otherwise provided for under VCMC 6.20.010. Housekeeping requirements, as provided in this chapter, must be maintained, and animals are declared to be nuisances by the accumulation of flies or obnoxious odors.
B. It shall be unlawful for any person to keep for any duration whatsoever within the Village limits any snakes belonging to the families Elapidae, Viperidae, and within the Colubridae family (the twig snake, Thelotornis kirtlandii; boomslang, Dispholidus typus; and keelbacks, Rhabdophis) unless the appropriate federal, state and Village permits for the possession of venomous animals are acquired prior to acquisition of the snakes.
C. The noncommercial raising of poultry, rabbits, cattle, horses, donkeys, mules, goats, or sheep in connection with the residential use of a lot is permitted as allowed by VCMC 6.20.010.
D. Pets and other animals or fowl that are permitted are as follows:
1. Three dogs or three cats or three rabbits, or any combination thereof not exceeding three pets per dwelling unit; however, there are no number restrictions on litters up to the age of four months.
2. Animals or fowl kept in approved laboratories or schools for experimental or educational purposes.
3. Animal shelters operated by a governmental approved agency.
4. Any amphibians, reptiles, caged birds, aquarium fish, caged rodents or caged ferrets, maintained within the confines of a dwelling unit, except as prohibited/restricted by federal or state law regarding those species listed as threatened or endangered or as prohibited/restricted by the village codes enforcement department.
5. Any birds held by rehabilitators for the purpose of rehabilitation until such birds are able to be released or are euthanized. Rehabilitators must be licensed by the federal government, state Department of Game and Fish and the village codes enforcement department. [Ord. 241 § 7-1-3, 2007].
6.05.040 Pit bulls prohibited.
A. It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, or sell within the municipal limits any pit bull.
B. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given therein:
1. “Owner,” for purposes of this section, is defined as any person who owns, possesses, keeps, exercises control over, maintains, harbors, transports, or sells an animal.
2. “Pit bull,” for purposes of this section, is defined as any dog that is an American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, or any dog displaying the majority of physical traits of any one of the above breeds, or any dog exhibiting those distinguishing characteristics which substantially conform to the standards established by the American Kennel Club or United Kennel Club for any of the above breeds. The AKC and UKC standards for the above breeds are on file in the office of the clerk-administrator of the Village of Cimarron.
3. “Secure temporary enclosure,” for the purposes of this section, is a secure enclosure used for purposes of transporting a pit bull and which includes a top and bottom permanently attached to the sides except for a door for removal of the pit bull.
Such enclosure must be of such material, and such door closed and secured in such a manner, that the pit bull cannot exit the enclosure on its own.
4. “Chief of police,” for the purpose of this section, is the chief of police of the Village of Cimarron or his or her designated representative.
5. “Confinement,” for the purpose of this section, is a building or a secure enclosure as approved by the chief of police or his or her designated representative.
C. Exceptions. The prohibition in this section shall not apply in the following enumerated circumstances. Failure by the owner to comply and remain in compliance with all of the terms of any applicable exception shall subject the pit bull to immediate impoundment and disposal and shall operate to prevent the owner from asserting such exception as a defense in any prosecution.
1. The owner of a pit bull, who has applied for and received a pit bull license in accordance with this section and who maintains the pit bull at all times in compliance with the pit bull license requirements of this section and all other applicable requirements of this chapter, may keep a pit bull within the municipal limits.
2. The chief of police may temporarily harbor and transport any pit bull for purposes of enforcing the provisions of this chapter.
3. As a condition of issuance of a pit bull license, the owner shall at the time of application comply with or otherwise provide sufficient evidence that the owner is in compliance with the following regulations:
a. The owner of the pit bull shall provide proof of rabies vaccination and shall pay the annual pit bull license fee of $50.00.
b. The owner of the pit bull shall keep current the license for such through annual renewal. License fees shall be paid annually not later than January 31st of each year and the full amount shall be paid for any fraction of the licensing year. Such license is not transferable and shall be renewable only by the holder of the license or by a member of the immediate family of such licensee. A pit bull license tag will be issued to the owner at the time of issuance of the license. Such license tag shall be attached to the pit bull by means of a collar or harness and shall not be attached to any pit bull other than the one for which the license was issued. If the pit bull tag is lost or destroyed, a replacement tag may be issued upon the payment of $25.00.
c. The owner must be at least 21 years of age.
d. The owner shall present to the animal control officer that the owner has procured liability insurance in the amount of at least $100,000, covering any damage or injury which may be caused by a pit bull during the 12-month period covered by the pit bull license. The policy shall contain a provision requiring the insurance company to provide written notice to the chief of police not less than 15 days prior to any cancellation, termination, or expiration of the policy.
e. The owner shall, at the owner’s own expense, have the pit bull spayed or neutered and shall present to the chief of police documentary proof from a licensed veterinarian that this sterilization has been performed.
f. The owner shall take the pit bull to a veterinarian, where a person authorized by the chief of police shall cause the animal to be implanted with a microchip. The registration number of the microchip shall be registered with the chief of police. The chief of police shall maintain a file containing the microchip numbers and names of the pit bulls and addresses of the owners. The owner shall notify the chief of police of any change of address.
g. At all times when a pit bull is at the property of the owner, the owner shall keep the pit bull confined. At all times when a pit bull is away from the property of the owner, the owner shall keep the pit bull either securely leashed and muzzled or in a secure temporary enclosure.
h. The owner shall not sell or otherwise transfer the pit bull to any person except a member of the owner’s immediate family who will then become the owner and will be subject to all of the provisions of this section. The owner shall notify the chief of police within five days in the event that the pit bull is lost, stolen, dies, or has a litter. In the event of a litter, the owner shall deliver the puppies to the veterinarian designated by the chief of police for destruction or permanently remove the puppies from the Village of Cimarron and provide sufficient evidence of such removal by the time the puppies are weaned; in no event shall the owner be allowed to keep in the Village of Cimarron a pit bull puppy that is more than eight weeks old. Any pit bull puppies kept contrary to the provisions of this subsection are subject to immediate impoundment and disposal.
i. The owner shall have posted at each possible entrance of the owner’s property where the pit bull is kept a conspicuous and clearly legible pit bull sign 10 inches in rectangular dimensions and shall contain the words “Pit Bull Dog” in lettering not less than two inches in height.
D. Impoundment. If a complaint has been filed in the municipal court against the keeper of an impounded pit bull for a violation of this section, the pit bull shall not be released except upon order of the court which also may direct the owner to pay any penalties for violation of this chapter in addition to all impounding fees, care and feeding charges and veterinary fees. If release is denied by order of the municipal court, the chief of police may cause the pit bull to be humanely destroyed. [Amended during 2014 codification; Ord. 241 § 7-1-4, 2007; Ord. 194 §§ 1 – 4, 1997].
6.05.050 Restraint.
A. All animals shall be kept under restraint. While restrained on the premises of its owner or responsible person, no tether less than 12 feet in length shall be used, unless such length of tether will permit the animal to scale a confining fence or leave the confines of the property boundary. While restrained off the premises under the immediate control of the owner or responsible person, no lead greater than eight feet in length shall be used.
B. No owner or responsible person shall fail to exercise proper care and control of his/her animals to prevent them from becoming a public nuisance.
C. Every female animal in heat shall be confined in a building or secure enclosure in such manner that such female animal cannot come into contact with another animal, except for planned breeding.
D. Every vicious animal, as determined by the animal control officer, shall be confined by the owner in a building or secured enclosure. Confinement shall be in such a manner that the animal cannot come into contract with any person or other animal. Further, a notice will be prominently posted with the words “beware of dog or cat” or “vicious dog or cat.”
E. Every owner of a dog or cat should be aware that animal defecation is prohibited on the property other than that of the owner. Owners of animals are responsible for immediately cleaning up after their animals.
F. Any animal trespassing upon private or public premises shall be deemed prima facie not to be under the immediate control of the owner or a responsible person, and the animal control officer may issue a citation to the owner or responsible person or impound the animal, or both.
G. All captive amphibians and reptiles will be kept in escape-proof enclosures. Transportation of amphibians and reptiles will be done in a closed container that will not expose people unexpectedly to the animal. Display of amphibians and reptiles will be done with full regard for the sensitivities of that segment of the public that may feel threatened or uncomfortable in the presence of amphibians and reptiles. Transportation of venomous animals will be done in the following manner: the animal will be tied in a secure bag that will be placed inside a secure locked box clearly marked “venomous animals.”
H. Venomous reptiles will be kept in secure, locked cages with labeling that clearly defines the identity of the occupant as follows: common name, scientific name, and venomous nature. [Amended during 2014 codification; Ord. 241 § 7-1-5, 2007].
6.05.060 Care and maintenance.
A. All animals must be treated, captured, caged or otherwise dealt with in a humane manner. It is unlawful for any person to fail, refuse, or neglect to provide any animal in his/her charge or custody, as owner or otherwise, with shade, care or shelter, clean/fresh food and drink in a spill-proof receptacle of appropriate size. A shelter shall be shaded during hot weather months. Any animal habitually kept outside shall be provided with a structurally sound enclosure, consisting of a minimum of a three-sided enclosure, with a waterproof roof, large enough or appropriate for the species maintained. No owner or responsible person shall fail to provide his/her animal with veterinary or humane care and treatment when needed to prevent suffering.
B. All captive amphibians and reptiles will be contained in escape-proof enclosures, which will allow the animal to have adequate lighting, thermal conditions and shelter. Clean, fresh water will be available as required by the species in question. The enclosure should be large enough to allow normal behaviors to occur.
C. Any officer finding an animal kept, carried, or left in violation of this section is authorized to take emergency measures at the expense of the animal owner to remove or prevent further cruelty or suffering to the animal. [Amended during 2014 codification; Ord. 241 § 7-1-6, 2007].
State law references: Cruelty to animals, Section 30-18-1 NMSA 1978.
6.05.070 Cruelty.
A. No person shall beat, shoot, wound, capture, snare or entrap, needlessly kill, overload, overwork, cruelly torture, molest or otherwise abuse any animal or injure in any other manner, or carry or transport in any vehicle or other conveyance in a cruel and inhumane manner any animal or to cause any of these acts to be done.
B. No person shall instigate or permit any cockfight, bullfight, dogfight, or other combat between animals or between animals and humans.
C. This section shall not preclude the animal control officer from using the tranquilizer gun, snares or traps to humanely trap such animals as may prove to be necessary for the control of animals within the Village limits.
D. Any officer finding an animal in violation of this section is authorized to take emergency measures at the expense of the animal owner to remove or prevent further cruelty or suffering to the animal. [Ord. 241 § 7-1-7, 2007].
State law references: Cruelty to animals, Section 30-18-1 NMSA 1978; dogfights, Section 30-18-9 NMSA 1978.
6.05.080 Abandonment.
It shall be unlawful for any person to abandon any animal or cause such abandonment. [Ord. 241 § 7-1-8, 2007].
6.05.090 Exposure to poisonous substances.
No person shall expose any known poisonous substance, whether mixed with food or not, so that the substance shall be liable to be eaten by any animal; provided, that it shall not be unlawful for a person to use commercially available poisonous substances in the recommended manner on his/her property. [Amended during 2014 codification; Ord. 241 § 7-1-9, 2007].
6.05.100 Striking by vehicle – Removal of rabid and dead animals.
A. Any person who, as the operator of a motor vehicle, strikes any warm-blooded animal or fowl shall immediately report such injury or death to the animal control officer.
B. The animal control officer will turn over any collars, tags or other identification to the local animal shelter, which will ascertain the ownership or identification of the animal and make every reasonable attempt to notify the owner immediately.
C. The owner or holder of any dead animal or carcass shall be responsible for its removal within 24 hours if the animal is not to be used for human consumption. The dead animal or carcass shall be disposed of at the landfill or other designated point provided by the Village. The owner or holder of any sick or injured animal shall be responsible to provide transportation to an animal hospital or veterinarian for treatment. The animal control officer will provide removal and transportation of any rabid animal or of any animal suspected of being rabid, on private or public property within the Village limits. [Ord. 241 § 7-1-10, 2007].
6.05.110 Protected birds.
It shall be unlawful for any person, except for the animal control officer or a licensed veterinarian in the performance of his/her duties, to kill, shoot at, wound, take, capture, ensnare, trap or in any other manner molest or injure any insectivorous, song or other protected birds, with the exception of persons holding a valid license from the federal government, the state Department of Game and Fish and the village codes enforcement department. [Amended during 2014 codification; Ord. 241 § 7-1-11, 2007].
6.05.120 Keeping wild or dangerous animals prohibited.
A. No person shall keep or permit to be kept on his/her premises any prohibited animal as a pet, for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions or circuses.
B. No person or commercial establishment shall keep or offer for sale any prohibited animal as a pet.
C. Professional biologists are permitted to keep prohibited animals for professional or educational purposes.
D. No person or commercial establishment shall keep for any decoration a prohibited animal on a premises.
E. Any birds will be permitted for the purpose of rehabilitation by a rehabilitator that is licensed by the federal government, the state Department of Game and Fish, and the village codes enforcement department. [Amended during 2014 codification; Ord. 241 § 7-1-12, 2007].
6.05.130 Nuisance.
A. It shall be unlawful for any owner of any animal, either willfully or neglectfully, to fail to exercise due care or control that permits such animal to cause damage or be a nuisance to the person or property of another. The animal control officer may impound any animal when the animal contravenes any section of this title.
B. It shall be termed a nuisance to keep an animal that causes frequent or long-continued noise which disturbs the comfort and repose of any person of ordinary sensibilities in the vicinity.
C. No person shall keep or harbor any animal which howls, barks or makes excessive noise in violation of this section. It shall constitute a violation of this section if the howling, barking or noise occurs continually and is audible beyond the property line of the premises on which the animal is located for more than 15 minutes and is attested to by an animal control officer.
D. In order to abate the nuisance created by the animal howling, barking or making noise in violation of this section, animal control officers may enter the yard and may seize any such animal from the yard where the violation poses a public safety issue, the animal’s safety or where the officer is unable to contact the owner or if the owner is unable or unwilling to take action.
E. Any animal deemed as vicious in the opinion of the animal control officer. “Vicious animal” means any animal that demonstrates a physical threat to human beings or to other animals.
F. Complaints may be filed in the municipal court by any citizen affected by an incident classified a nuisance. [Amended during 2014 codification; Ord. 241 § 7-1-13, 2007].
6.05.140 Animal waste.
The owner or keeper of domestic animals, such as dogs, cats or any small household animal, permitted within the Village limits or any licensed rehabilitator shall maintain a watertight and flytight receptacle for manure from such animals, which shall be emptied frequently and in such a manner so as to prevent a nuisance or health hazard. Such receptacles shall be securely covered at all times except when opened to deposit manure. No manure will be allowed to accumulate except in such receptacles. [Ord. 241 § 7-1-14, 2007].
6.05.150 Animals assisting the disabled.
Any animal trained to assist any disabled individual shall be permitted in any public building or public conveyance in the Village when accompanied by a disabled individual. [Ord. 241 § 7-1-15, 2007].
6.05.160 Bees.
Beekeeping shall not be allowed within the Village limits, except in specific requests to the governing body. All beekeepers shall be licensed in accordance with state law. [Ord. 241 § 7-1-16, 2007].
6.05.170 Fees.
|
Pit Bull Registration |
$50.00 |
|
Replacement Pit Bull Registration |
$25.00 |
|
Animal Registration |
|
|
Fixed Animal |
$5.00 |
|
Unfixed Animal |
$10.00 |
|
Replacement Animal Registration |
|
|
Fixed Animal |
$5.00 |
|
Unfixed Animal |
$10.00 |
|
Kennel License |
$35.00 |
|
Livestock Permit |
$10.00 per species |
[Amended during 2014 codification; Ord. 241, 2007].