Chapter 116 STANDARDS FOR PROFESSIONAL ANIMAL FACILITIES, SERVICES

The governing body hereby finds it to be conducive to the promotion of the health, safety and welfare of the people and animals of Rio Rancho to require a professional animal permit to operate an animal rescue, animal shelter, boarding service, boarding kennel, grooming parlor, grooming service, pet aquatic facility, pet day care facility, pet day care service, pet store or training facility. Further, it is in the interest of the health, safety and welfare of the people and animals of Rio Rancho that a hobby breeder obtain a hobby breeder permit. Therefore any animal shelter, animal rescue, boarding facility, commercial kennel, hobby breeder, grooming parlor, grooming service, pet day care facility, pet day care service, pet aquatic facility, pet store, or training kennel is subject to the provisions of this chapter as well as to the provisions of Chapter 90.

(’87 Code, § 14-7-1) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09; Am. Ord. 19-30)

116.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Definitions found in Chapter 90 also apply to Chapter 116. Definitions apply whether or not capitalization is used.

ANIMAL RESCUE. Any person or group who accepts companion animals for the purpose of finding a permanent adoptive home for the animals and does not maintain a central facility for keeping animals, but rather uses a system of fostering in private homes, or boarding or keeping in licensed pet animal facilities. This definition does not include wildlife rescue and rehabilitation services.

ANIMAL SHELTER. A facility used to house or contain six or more stray, homeless, abandoned or unwanted animals and that is owned, operated or maintained by an established animal humane organization, animal welfare organization, organization for the prevention of cruelty to animals or other nonprofit organization, or by a person or persons devoted to the welfare, protection or humane treatment of animals. This definition does not include wildlife rescue and rehabilitation facilities.

BOARDING KENNEL. Any facility where dogs or cats are housed for the general public for a profit with the exception of state-inspected veterinarian hospitals, pet stores, grooming parlors and animal shelters.

BOARDING SERVICE. The provision of housing and care of an animal in the absence of the owner for a period of 24 hours or more with the exception of state-inspected veterinary hospitals so long as the boarding area is inspected by the state.

COMMERCIAL KENNEL. Any person, persons, organization or facility that breeds dogs or cats or hybrids thereof and causes or allows the production of three or more litters of offspring at any one time.

GROOMING PARLOR. Any establishment, or part thereof, or premises maintained for the purpose of offering bathing, clipping, or combing of animals and for which a fee is charged. This definition includes facilities that offer self-service bathing or grooming but excludes state-inspected veterinary facilities so long as the grooming area is inspected by the state.

GROOMING SERVICES. Any person, persons or group who provides bathing, clipping or combing of animals for which a fee is charged via mobile services or in-home services.

HOBBY BREEDER.

(1) Any person who either causes or allows any dog, cat, guinea pig, chinchilla, sugar glider or rabbit to be bred; or

(2) Any person who either causes or allows any animal subject to an intact animal permit issued under Section 90.46(D) to breed.

PET AQUATIC FACILITY. Any facility which maintains for commercial purposes a swim spa or swimming pool for uses that may include but are not limited to dog swim therapy, dog swim lessons or recreation or group dog swimming. This definition does not apply to the provision of shallow plastic wading pools by permitted boarding, training or day care facilities; water therapy equipment that is designed to be drained and disinfected between animals; or state-inspected veterinary rehabilitation facilities.

PET DAY CARE FACILTY. Any establishment, or part thereof, or premises maintained for the purpose of providing socialization, training, or housing, in the absence of the owner, for less than 24 hours for pets owned by the general public for which a fee is charged. Exceptions to this definition would include state-inspected veterinary hospitals so long as the day care facility area is inspected by the state and facilities already permitted by the city as boarding kennels, grooming parlors, pet stores or animal shelters.

PET DAY CARE SERVICES. Any person or group who provides in-home care for less than 24 hours in the absence of the owner for the purposes of socialization, training, or housing of pets owned by the general public for which a fee is charged.

PET SITTING SERVICE. Any business or group that receives compensation (including in-kind compensation) in exchange for providing for pet care services, including but not limited to feeding, watering, medicating, cleaning, playing and/or exercising a pet or pets in the pet owner’s premises while the pet owner is absent or otherwise not available to provide care.

PET STORE. Any commercial establishment or premises or part thereof, that acquires through purchase, consignment, donation, importation or breeding, live animals including mammals, birds, reptiles or fish but excluding livestock and offers these animals to the public or other commercial outlets for the purchase, sale, exchange, barter, trade or transfer. This definition shall not include livestock auctions, livery stables, or the operating residence of a hobby breeder.

PRIMARY ENCLOSURE. A primary enclosure is the pen, run, cage, or room in which a domestic animal normally spends most of its time. This is the area in which the animal eats, drinks, eliminates, rests and sleeps.

PROFESSIONAL ANIMAL BUSINESS. A business operated by a person or group of persons which involves live animals including but not limited to animal rescue, animal shelter, boarding kennel, grooming parlor, grooming services, commercial kennel, pet day care facility, pet day care services, pet store, or training facility.

PROFESSIONAL ANIMAL PERMIT. A permit issued by RRARC to a person or group of persons who intend to operate a business which involves live animals including but not limited to animal rescue, animal shelter, boarding kennel, grooming parlor, grooming services, pet day care facility, pet day care services, pet store, or training facility.

SANITIZE, SANITATION. SANITATION means the maintenance of conditions conducive to health and involves bedding changes (as appropriate), cleaning and disinfection. Cleaning removes excessive amounts of dirt and debris; disinfection reduces or eliminates unacceptable concentrations of microorganisms. To SANITIZE, therefore, means to make physically clean and to the maximum degree practical, remove and destroy agents injurious to health.

TRAINING FACILITY. Any commercial facility which receives compensation for the boarding and care of animals in training for more than a 24-hour period in the absence of the owner. Training services include housing, training, handling, showing, grooming and transportation of an animal. Such training services shall be for the purposes of exhibition, behavior modification or enhancement, assistance for the disabled, hunting, and field trial or lure course training, guard dog training, agility or any other type of training service.

VETERINARIAN. Any person who is licensed as a doctor of veterinary medicine by the New Mexico Board of Veterinary Medicine pursuant to the Veterinary Practice Act [61-14-1 NMSA 1978].

ZOONOSIS or ZOONOTIC DISEASE. Any disease which may be found in animals that is transmissible from an animal to a human.

(’87 Code, § 14-7-2) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09; Am. Ord. 12-33; Am. Ord. 17-11; Am. Ord. 19-30)

116.03 PERMIT REQUIRED.

(A) Any person who intends to operate a professional animal business such as an animal rescue, animal shelter, boarding kennel, grooming parlor, grooming service, pet aquatic facility, pet day care service, pet store, or training facility shall obtain a business registration from the City Clerk’s office and a professional animal permit from the RRARC.

(B) A hobby breeder must obtain a conditional use permit from the Planning and Zoning Board. If a hobby breeder also sells animals, a business registration shall be obtained from the City Clerk’s office. When a hobby breeder permit is applied for, an inspection of the premises shall be conducted by an RRARC Agent to determine compliance with relevant city ordinances.

(C)(1) When a professional animal permit is applied for, an inspection of the facility or premises used by a business shall be conducted by an RRARC Agent to determine compliance with relevant city ordinances.

(2) If the inspection reveals that the premises and the operation comply, a permit for the professional animal facility shall be issued. Permits are only valid for the approved premises. Permits are not transferable.

(D) A current permit shall be posted in a conspicuous place in every professional animal business or premises used by a hobby breeder.

(E) Professional animal permits and hobby breeder permits shall be issued annually and shall be renewed by the owner or custodian during the anniversary month of the permit.

(F) A professional animal or hobby breeder permit holder shall notify the RRARC of any change in operations which may affect the status of the permit and shall keep the RRARC informed of any change in name or location of the business.

(’87 Code, § 14-7-5) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09; Am. Ord. 19-30)

STANDARDS AND REQUIREMENTS

116.15 ANIMAL RESCUE.

(A) Facility and maintenance standards.

(1) General standards.

(a) All housing areas shall be of sound physical structure and constructed of nontoxic material.

(b) Animal housing shall be maintained in good repair and kept clean and sanitary at all times so as to protect animals from disease and injury and shall be secure enough to ensure containment of the animal within the housing area.

(c) Animals shall be provided with clean bedding and other supplies such as litter pans, litter, shredded paper, towels, straw, etc., as appropriate for each species.

(d) Pens, cages and runs shall provide adequate space to prevent overcrowding and to permit adequate exercise according to the requirements of the species.

(e) Lighting shall be provided, whether natural or artificial or a combination of both, for a minimum of eight hours per day, at a sufficient level for inspection of the animals, routine cleaning, and proper animal care.

(f) Sufficient ventilation shall be provided to minimize odors and moisture and ensure the health and comfort of the animals at all times.

(g) Reliable and adequate electric power and/or gas shall be provided for lighting, air circulation, heating and cooling.

(h) No animal shall be housed over a 24-hour period in an airline type container.

(i) Barking shall be controlled.

(j) Wire flooring is prohibited for dogs, cats, guinea pigs, and chinchillas.

(k) Provisions shall be made for the removal and proper disposal of animal food, waste, bedding, dead animals and debris. Animal waste must be disposed of at a minimum of once per week or more often, as necessary, to maintain sanitary conditions.

(2) Indoor area.

(a) Indoor animal housing areas must be provided with sufficient heating and cooling to protect animals from extreme temperatures and to provide for their health and comfort at all times. The ambient temperature shall be consistent with the needs of the animal species and their life stage and medical condition.

(b) Housing, whelping and queening areas must be of sufficient size to allow room for each animal to stand and walk around freely, and exercise normal postural movements as well as allowing adequate room for bedding, food/water bowls, and the birth and care of any offspring.

(d) Convenient toilet and hand washing facilities with hot and cold running water shall be available to maintain personal hygiene.

(e) Animal play areas shall be of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals.

(3) Outdoor area.

(a) Outdoor areas and exercise areas shall have adequate walls or fences to keep foster animals secured and to restrict the entry of dangerous animals from the outside.

(b) Outdoor areas and exercise areas shall be provided with areas of shade from direct sunlight, and adequate shelter to protect from rain, snow, or weather detrimental to the health of the animal.

(d) Animals shall not be allowed in outside areas unless they are able, in the environmental conditions present at that time, to maintain the normal body temperature appropriate for that species.

(4) Food and water.

(a) Sufficient wholesome food and clean water shall be provided to the animals daily according to the needs of the species. The food shall be free from contamination, and of sufficient quality and nutritive value to meet the requirements for the life stage, size, and medical condition of the animal.

(b) Animals shall be monitored during feeding time to ensure that all animals are able to eat adequately. Separation of animals into different areas and/or use of crates may be necessary to ensure that this occurs.

(c) Water bowls shall be emptied, sanitized and refilled with fresh potable water daily. Care shall be taken so that the water bowl does not present a hazard to the animal, especially young animals. Care shall also be taken to ensure that the water bowls cannot be overturned during the normal activity of the animals.

(d) Food storage areas shall be physically separated from the animal housing area as well as from the cleaning supply storage and from equipment cleaning area.

(e) Food shall be stored in such a manner that it is adequately protected against infestation or contamination by vermin and from spoilage.

(f) Food bowls shall be emptied and sanitized daily.

(B) Operations standards.

(1) Policies and procedures.

(a) Animal rescue groups shall have and follow written manuals containing policies for the group and foster homes that cover but are not limited to the following areas: rules of the rescue group, standards of care of the animals, sanitation protocols, vaccination protocols, veterinary and emergency care protocols, parasite treatment and prevention programs, emergency numbers for rescue staff and volunteers, emergency contingency plans, inspection standards and schedules for foster homes, and adoption standards.

(b) Animal rescue groups shall provide a copy of such policy manual to each member of the animal rescue group as well as to each foster home provider so that they are aware of the rescue group policies.

(c) Animal rescue groups shall have disciplinary procedures in place in the event a foster home is not in compliance with the policies of the rescue group.

(2) Veterinary care.

(a) Each animal shall be observed daily by the animal caretaker in charge for signs of disease, injury or distress.

(b) Sick, diseased or injured animals shall be provided with proper veterinary care within a reasonable amount of time. No animal shall be allowed to suffer due to lack of or delay of veterinary care.

(c) A written veterinary-approved program shall be developed and updated at least on an annual basis. The minimum requirements for this program include parasite preventative program, vaccination programs, procedures to minimize disease transmission, disease and injury recognition training, as well as emergency care and procedures. This program shall also contain protocols for monitoring the effectiveness of the parasite program as well as a disease surveillance program.

(d) Medical records shall be kept for each animal treated by the rescue group. Every treatment an animal receives shall be recorded and made available to the new owner if adopted.

(e) Any animal suspected of showing symptoms of rabies infection shall be immediately segregated and reported to RRARC.

(f) The rescue group shall employ or contract with a veterinarian to provide medical treatment, program consultation, and emergency care for the rescue animals.

(g) Prescription medications shall only be administered to animals if prescribed by a licensed veterinarian or under the direction of a licensed veterinarian.

(3) Foster homes.

(a) All foster homes within city limits used by an animal rescue shall be registered with the rescue group as well as with RRARC.

(b) The rescue group shall oversee the foster homes and ensure that they are in compliance with the policies and procedures of the rescue group.

(c) Foster homes shall not exceed more than a total of five animals more than three months of age, including their own animals, without a foster permit. A foster permit allows the fostering of up to three animals in addition to the upper limit of five owned animals.

(d) A foster permit is a conditional use permit from the Planning and Zoning Board. In order for a conditional use foster permit to be granted, the premises must be inspected by an RRARC Agent to determine compliance with relevant city ordinances. Person or persons applying for a foster permit shall be registered with a permitted rescue group and registered with RRARC.

(e) Foster homes are subject to inspection by an RRARC Agent and unsanitary conditions or violations of city ordinances may result in the revocation of the registration.

(f) A written program for the rescue group as well as for each foster home shall be instituted which details the procedures to follow in the case of an animal or environmental emergency.

(g) As most foster homes have multiple animals, compatibility of the animals shall be ascertained prior to leaving animals unattended and shall be monitored periodically.

(1) There shall be kept a record of all animals received and fostered and their ultimate disposition.

(2) A rescue group must comply with NMSA § 77-1-20 as it pertains to sterilization agreements and sterilization deposits.

(3) A rescue group shall not adopt or transfer an animal that is showing signs of a suspected contagious or zoonotic disease.

(4) A rescue group may adopt or transfer an animal suffering from a health condition only if written disclosure of the condition is provided to the new owner prior to the completion of the adoption.

(5) A rescue group shall accept for refund or exchange any animal found within seven days of adoption to be suffering from an undisclosed health condition as documented by a licensed veterinarian.

(6) If the animal is receiving medication, then the medication is to be transferred to the new owner in the original container with the original prescription label specific for that animal.

(Ord. 11-09; Am. Ord. 12-33; Am. Ord. 19-30)

116.16 ANIMAL SHELTER.

(A) Facility and maintenance standards.

(1) General.

(a) All animal housing facilities shall be structurally sound and constructed of nontoxic materials.

(b) Interior and exterior floors and all animal contact areas shall be smooth, impervious to water, and able to be easily cleaned and sanitized; provided, that outdoor runs may have a floor of animal-appropriate gravel which is replaced on a regular schedule consistent with the maintenance of sanitary conditions.

(c) Facilities shall be maintained in good repair and kept clean and sanitary at all times so as to protect animals from disease and injury and shall be secure enough to ensure containment of the animals within the shelter.

(d) Pens, cages and runs shall provide adequate space to prevent overcrowding and to permit adequate exercise according to the requirements of the species.

(f) Sufficient ventilation shall be provided to minimize odors and moisture and ensure the health and comfort of the animals.

(g) Reliable and adequate electric power and/or gas shall be provided for lighting, air circulation, heating and cooling.

(h) No animal shall be housed over a 24-hour period in an airline-type container.

(i) All animals shall be confined to an inside area after 10:00 p.m.

(j) Barking shall be controlled.

(k) Compatibility of animals in group housing shall be ascertained prior to leaving animals unattended and shall be monitored periodically.

(l) Wire flooring is prohibited for dogs, cats, guinea pigs, and chinchillas.

(2) Indoor facilities.

(a) Buildings shall include four solid walls to protect animals from weather conditions and prevent entry of unauthorized persons.

(b) Indoor housing shall be provided with sufficient heating and cooling to protect the housed animals from extreme temperatures and to provide for their health and comfort at all times. The ambient temperature shall be consistent with the needs of the animal species kept at the facility.

(c) Indoor housing for animals should be adequately ventilated with fresh air to minimize odors and moisture and to provide for the health and comfort of the animals at all times.

(d) Rooms with cages and indoor kennels should have fresh air ventilation providing 10 or more air changes per hour in animal housing areas or may recycle air through an effective filter system.

(e) Solid dividers shall be required between each run or cage that prevent cross contamination from water runoff and be high enough to prevent nose-to-nose contact by animals housed within the run or cage.

(f) Indoor runs must be constructed so that water runoff does not enter adjacent runs and is rapidly eliminated from the floor of the runs and walkways.

(g) The area for indoor runs for dogs shall not be less than 16 square feet and shall meet the minimal space requirement per dog detailed in subsection (A)(4)(h) of this section.

(3) Outdoor facilities.

(a) If outside housing is provided, it must be sufficient to protect the animal from sunlight, rain, snow or weather detrimental to the animal’s health.

(b) Solid dividers shall be required between each run or cage that prevent cross contamination from water runoff and be high enough to prevent nose-to-nose contact by animals housed within the run or cage.

(c) All kennel and shelter facilities, as well as any outside run area, shall be completely fenced with a minimum of six-foot fencing.

(d) Outdoor runs must be constructed so that there is no standing water after the cleaning of the runs.

(e) The area for an outside kennel run for dogs shall not be less than 32 square feet and meet the minimal space requirement per dog listed in subsection (A)(4)(h) of this section.

(f) If indoor/outdoor runs are used they must meet the standards for both indoor runs and outdoor runs.

(g) Animals shall not be allowed in outside areas unless they are able, in the environmental conditions present at that time, to maintain the normal body temperature appropriate for that species.

(4) Primary enclosures.

(a) All animals housed at the shelter shall be confined to a primary enclosure at all times unless under the direct supervision of shelter staff or qualified volunteer.

(b) Primary enclosures for rabbits that use wire flooring shall have a solid resting area large enough for each animal housed in that enclosure to lay down and stretch out.

(c) Primary enclosures shall be large enough and cleaned on a schedule (no less than daily) so that the animal can stay dry and avoid contact with excrement.

(d) Each primary enclosure shall display an identification tag for each animal contained therein.

(e) The primary enclosure for a cat shall not be less than two and one-half square feet per cat. The height of the primary enclosure shall not be less than two feet. The primary enclosure for a cat must contain at least one elevated resting area for each cat.

(f) The primary enclosure for a cat shall have at least one litter pan per two cats.

(g) Primary enclosures housing nursing cats with litters shall provide more space and resting areas than the minimum requirement for a single cat.

(h) Space requirements for dogs.

1. A dog weighing less than 15 pounds shall have a minimum of four square feet of flat floor space.

2. A dog weighing 15 to 30 pounds shall have a minimum of eight square feet of flat floor space.

3. A dog weighing more than 30 pounds shall have a minimum of 12 square feet of flat floor space.

(5) Foster homes. If an animal shelter makes use of foster homes, the shelter and the foster homes shall comply with the regulations of Section 116.15(B).

(6) Waste disposal.

(a) Provisions shall be made for the removal and proper disposal of animal food, waste, bedding, dead animals and debris.

(b) Disposal facilities shall be provided and operated so as to minimize vermin infestation, odors and disease hazards.

(7) Food and water.

(a) Animals shall be provided with clean, fresh, sufficient and wholesome food and water, according to their needs.

(b) Food provided to the animal shall be appropriate for the species, life stage and any medical condition that the animal may be experiencing.

(c) Food storage areas shall be physically separated from the animal housing area as well as from the cleaning supply storage and from equipment cleaning area.

(d) Food shall be stored off the floor and in such a manner to avoid spoilage, contamination, and vermin.

(e) Open bags of kibble shall be stored in sealed containers.

(f) Open containers of canned food shall be sealed and kept refrigerated.

(g) Animals shall be fed no less than daily. Animals under the age of six months shall be fed no less than twice daily. Animals under the age of three months shall be fed no less than three times daily. Food left in bowls from the previous feeding shall be discarded. These guidelines shall not necessarily apply to atypical shelter animals such as snakes and fish. Such atypical shelter animals shall be fed in accordance with routine husbandry practices which fulfill the needs of each species.

(h) Food bowls shall be emptied and sanitized daily.

(i) Animals housed in groups shall be monitored during feeding time to ensure that all animals are able to eat adequately. Separation of the animals into different areas and/or use of crates may be necessary to ensure that this occurs.

(j) Water bowls shall be emptied, sanitized and refilled with fresh potable water daily. Care shall be taken so that the water bowl does not present a hazard to the animal, especially young animals. Care shall also be taken to ensure that the water bowls cannot be overturned during the normal activity of the animals.

(8) Veterinary care.

(a) Each animal shall be observed daily by the animal caretaker in charge for signs of disease, injury, or distress.

(b) An isolation area shall be provided for containment of animals suspected of suffering from an infectious disease. An animal suspected of having an infectious disease shall be immediately separated from other susceptible animals and placed in the isolation area. Except nursing dams, an ill or injured animal shall be housed singly in a primary enclosure within the isolation area.

(c) Sick, diseased or injured animals shall be provided with proper veterinary care within a reasonable amount of time. No animal shall be allowed to suffer due to lack of or delay of veterinary care.

(d) A written veterinary-approved program shall be developed and updated at least on an annual basis. The minimum requirements for this program include parasite preventative program, vaccination programs, procedures to minimize disease transmission, disease and injury recognition training, as well as emergency care and procedures. This program shall also contain protocols for monitoring the effectiveness of the parasite program as well as a disease surveillance program.

(e) Medical records shall be kept for each animal treated at the shelter. Every treatment an animal receives shall be recorded and made available to the new owner if adopted.

(f) Any animal suspected of showing symptoms of rabies infection shall be immediately segregated and reported to RRARC.

(g) A shelter shall employ or contract with a veterinarian to provide medical treatment, program consultation, and emergency care for the shelter animals.

(h) A written program shall be instituted which details the procedures to follow in the case of an animal or environmental emergency.

(9) Adoption standards.

(a) The shelter shall keep a record of all animals received and housed and their ultimate disposition.

(b) A shelter shall comply with NMSA § 77-1-20 as it pertains to sterilization agreements and sterilization deposits.

(c) A shelter shall not adopt out or transfer an animal that is showing signs of a suspected contagious or zoonotic disease.

(d) A shelter may adopt out or transfer an animal suffering from a chronic condition only if written disclosure of the condition is provided to the new owner prior to the completion of the adoption.

(e) A shelter shall accept for refund or exchange any animal found within seven days of adoption to be suffering from an undisclosed chronic condition as documented by a licensed veterinarian.

(Ord. 11-09; Am. Ord. 12-33; Am. Ord. 19-30)

116.17 BOARDING KENNEL AND BOARDING SERVICES.

Boarding services may only be provided by a permitted boarding facility. Boarding kennels are only allowed in M-1 zoning with prior approval, by the city.

(A) Facility and maintenance standards.

(1) Indoor facilities.

(a) Buildings shall be of sound physical structure and maintained in good repair.

(b) Exterior structures shall be secure in order to protect animals from injury or escape and to restrict the entry of outside animals or unauthorized persons.

(c) Animal food storage areas shall be kept physically separated from cleaning supply storage, equipment cleaning areas, and animal housing. Cleaning supply storage and equipment cleaning areas shall be physically separate from animal housing.

(d) Indoor housing shall be provided with sufficient heating and cooling to protect the housed animals from extreme temperatures and to provide for their health and comfort at all times. The ambient temperature shall be consistent with the needs of the animal species kept at the facility.

(f) Sufficient ventilation shall be provided to minimize odors and moisture and ensure the health and comfort of the animals.

(g) All indoor floors, walls and animal contact areas shall be smooth, impervious to water and able to be easily cleaned and sanitized.

(h) Floors shall have properly constructed drains that are kept in good repair.

(i) Convenient toilet and hand washing facilities with hot and cold running water shall be available to maintain personal hygiene among animal caretakers.

(j) Water supply shall allow for hose hook-up, to readily reach all parts of animal housing. Water pressure shall be adequate for cleaning of animal housing areas.

(k) Any common animal play areas shall be of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals.

(l) Food supplies and bedding shall be stored in such a manner that they are adequately protected against spoilage, infestation and contamination by vermin.

(m) Provisions shall be made for the removal and proper disposal of animal food, waste, bedding, dead animals, and debris:

1. Disposal facilities shall be operated so as to minimize vermin infestation, odors, and disease hazards;

2. Dead animals shall be removed immediately from the primary enclosure and placed in a designated freezer until carcass can be properly disposed of in accordance with city ordinances.

(n) An isolation area shall be provided for containment of sick animals.

(2) Primary animal enclosures.

(a) Primary animal enclosures shall be constructed of materials that are water resistant and can be readily cleaned and sanitized.

(b) Primary animal enclosures shall be maintained in good repair and sanitary condition to enable the animals to remain clean and dry and to provide convenient access to food and clean water.

(c) Primary animal enclosures shall be separated by solid walls to prevent water and waste from flowing from animal to animal, and to prevent nose-to-nose contact between animals in separate enclosures.

(d) Primary animal enclosures shall be of sufficient size to allow room for each pet animal to stand and walk around freely, and exercise normal postural movements as well as allowing room for bedding and food bowls.

(e) Cats shall be provided with clean bedding and a litter pan in each primary enclosure.

(f) Dogs shall be provided bedding, platforms, or padded resting areas within the primary enclosure according to their individual needs.

(g) Wire flooring in primary enclosures for dogs, cats, guinea pigs, and chinchillas is prohibited.

(3) Outdoor facilities.

(a) Outdoor housing or exercise areas shall have adequate walls or fences to keep pets secured and to restrict the entry of mammals from outside.

(b) Outdoor housing or exercise areas shall be provided with areas of shade from direct sunlight.

(d) All outdoor areas where animals are kept shall have impermeable flooring that can easily be cleaned and sanitized or shall have a minimum of six inches of animal-appropriate gravel which is replaced on a regular schedule which is consistent with the maintenance of sanitary conditions.

(e) Animals shall not be allowed in outside areas unless they are able, in the environmental conditions present at that time, to maintain the normal body temperature appropriate for that species.

(B) Program and operation standards.

(1) The entire facility shall be maintained in a clean and sanitary condition.

(2) Animal waste shall be removed from primary animal enclosures daily or more often as necessary for the animal housed within to avoid contact with the waste.

(3) Primary animal enclosures shall be cleaned daily and sanitized between animals. Animals shall be removed from the enclosures during the cleaning process.

(4) Food and water bowls shall be clean and made of materials that can be sanitized or that are disposed of after each use. Plastic bowls are prohibited.

(5) Animals shall be housed individually unless otherwise requested by the owner.

(6) Each animal shall be observed daily for signs of disease, injury or distress.

(a) An animal suspected of having an infectious disease shall be separated from other susceptible animals and placed in an isolation area;

(b) Any injured or ill animal shall be provided veterinary care in a timely manner. No animal shall be allowed to suffer due to lack of or delay of veterinary care;

(d) Medications may only be administered to boarding animals if provided and directed by the owner, or if prescribed directly by a veterinarian.

(7) Sufficient wholesome food and potable water shall be provided to the animals, according to the needs of the species. The food shall be free from contamination, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition, size, and age of the animal.

(8) Prior to admission of a dog, cat or ferret four months of age or older, proof shall be obtained from the pet owner that the animal is currently immunized against rabies.

(9) Written or electronic records shall be maintained, for a period of 365 days from the animal’s latest attendance date, of each individual animal attending the boarding facility, including the following information:

(a) Dates of attendance;

(b) Owner’s address and telephone number;

(d) Animal’s name;

(e) Date(s) of rabies vaccinations.

(10) Prior to selling any pet food products, the business owner shall ensure that the food product is registered with the New Mexico Department of Agriculture.

(11) A written veterinary-approved program shall be developed and updated at least annually. The minimum requirements for this program include parasite preventative program, vaccination recommendations, procedures to minimize disease transmission, disease and injury recognition training, emergency care and procedures.

(12) A written program shall be instituted which details the procedures to be followed in the case of an animal or environmental emergency.

(Ord. 11-09; Am. Ord. 19-30)

116.18 COMMERCIAL KENNEL.

Commercial kennels are prohibited within the city limits.

(Ord. 11-09; Am. Ord. 19-30)

116.19 GROOMING PARLORS AND GROOMING SERVICES.

Grooming parlors whether located in a commercial facility, residence, or portion of a residence are subject to all of the provisions contained in this section. Mobile and in-client home grooming services are subject to subsection (B) of this section, Program and operation standards.

(A) Facility and maintenance standards.

(1) All buildings shall be of adequate construction, maintained in good repair, and secured in order to protect animal from injury or escape and restrict the entry of animals including rodents and/or other vermin as well as unauthorized individuals from the outside.

(2) All animal housing facilities shall be structurally sound and constructed of nontoxic materials.

(3) Interior and exterior floors shall be smooth, easily cleaned and sanitized, and impervious to water. Floors shall have proper drainage so that the animal can remain dry while housed in the primary enclosure.

(4) Facilities shall be maintained in good repair and kept clean and sanitary at all times so as to protect animals from disease and injury.

(5) Indoor housing shall be provided with sufficient heating and cooling consistent with the needs of the animals kept at the facility.

(6) Sufficient lighting shall be provided by either natural or artificial means or a combination of both sufficient for the inspection of the animals, routine cleaning and sanitation, and proper animal care.

(7) Sufficient ventilation shall be provided to ensure the health and comfort of the animal kept at the facility.

(8) Conveniently available toilet and hand-washing facilities with hot and cold running water shall be provided at the facility.

(9) All common animal play areas shall be of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals.

(10) Primary enclosures shall be of sufficient size to allow each animal kept at the facility to turn around and exercise normal postural movements.

(11) Primary enclosures shall be constructed of materials that are water resistant and can be readily cleaned and sanitized.

(12) Wire flooring is prohibited.

(13) Provisions shall be made for the removal and proper disposal of animal food, waste, bedding, dead animals and debris. These provisions shall minimize vermin infestations, odors and disease hazards.

(14) If there is an outside enclosure at the facility, a wall or fence shall be present and of sufficient construction to secure the pets and protect them from entry of dangerous animals and unauthorized individuals.

(15) Outdoor animal areas shall be sufficient to protect the animal from sunlight, rain, snow or weather detrimental to the animal’s health or shall allow indoor access.

(16) All outdoor areas where animals are kept shall have impermeable flooring that can easily be cleaned and sanitized or shall have a minimum of six inches of animal-appropriate gravel which is replaced on a regular schedule which is consistent with the maintenance of sanitary conditions.

(B) Program and operation standards.

(1) The entire facility shall be maintained in a clean and sanitary condition on a daily basis.

(2) Prior to admission of a dog or cat which is four months of age or older, proof shall be obtained from the pet’s owner that the animal is currently vaccinated against rabies.

(3) Stationary and unattended pet driers shall have no heating elements to avoid overheating of or burns to the animal.

(4) Stationary pet driers shall be attended or well ventilated with open front cages to avoid overheating and heat prostration of the animal.

(5) Grooming implements and instruments shall be disinfected routinely.

(6) If animals require sedation for grooming, medications shall be administered by grooming personnel only if directed to do so by the owner and the medication is provided to the groomer by the owner.

(7) Runs and cages shall display an identification tag for each animal contained therein.

(8) Written or electronic records shall be maintained for a period of 365 days from the animal’s latest attendance date, of each individual animal attending the boarding facility, including the following information:

(a) Dates of attendance;

(b) Owner’s address and telephone number;

(d) Animal’s name;

(e) Date(s) of rabies vaccinations.

(9) A written veterinary-approved program shall be developed and updated at least on an annual basis. The minimum requirements for this program include vaccination recommendations, procedures to minimize disease transmission, disease and injury recognition training, emergency care and procedures.

(10) A written program shall be instituted which details the procedures to be followed in the case of an animal or environmental emergency.

(Ord. 11-09; Am. Ord. 19-30)

116.20 HOBBY BREEDERS OF CANINES AND FELINES.

(A) Facilities and maintenance standards.

(1) General. Ensure that the housing areas are of sound physical structure and constructed of nontoxic material.

(2) Animal housing shall be maintained in good repair and kept clean and sanitary at all times so as to protect animals from disease and injury and shall be secure enough to ensure containment of the animal within the housing area.

(3) Animals shall be provided with clean bedding and other supplies such as litter pan, litter, shredded paper, towels, etc., as needed for each species.

(4) Pens, cages and runs shall provide adequate space to prevent overcrowding and to permit adequate exercise according to the requirements of the species.

(5) Lighting must be provided, whether natural or artificial or a combination of both, for a minimum of eight hours per day, at a sufficient level for inspection of the animals, routine cleaning, and proper animal care.

(6) Sufficient ventilation must be provided to minimize odors and moisture and ensure the health and comfort of the animals.

(7) No animal shall be housed over a 24-hour period in an airline-type container.

(8) Barking shall be controlled.

(9) Wire flooring is prohibited.

(10) Provisions shall be made for the removal and proper disposal of animal food, waste, bedding, dead animals and debris. Animal waste must be disposed of at a minimum of once per week or more often as necessary to maintain sanitary conditions.

(11) A hobby breeder shall not breed, intentionally or unintentionally, more than one litter from the same female animal in a consecutive 12-month period.

(12) Female canines shall be at least 24 months of age before they can be bred.

(13) Female felines shall be at least 12 months of age before they can be bred.

(14) A hobby breeder shall have no more than two litters or groups of any animals present at any given time under the age of three months.

(B) Indoor area.

(1) Indoor animal housing areas shall be provided with sufficient heating and cooling to protect animals from extreme temperatures and to provide for their health and comfort at all times. The ambient temperature shall be consistent with the needs of the animal species kept on the premises.

(2) Animal housing, whelping, and queening areas shall be of sufficient size to allow room for each animal to stand and walk around freely, and exercise normal postural movements as well as allowing adequate room for bedding, food/water bowls, and the birth and care of offspring.

(3) All floors and walls in the animal housing area shall be smooth, impervious to water and able to be easily cleaned and sanitized.

(4) Convenient toilet and hand washing facilities with hot and cold running water shall be available to maintain personal hygiene.

(5) Ensure that animal play areas are of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals.

(1) Outdoor or exercise area must have adequate walls or fences to keep pets secured and to restrict the entry of animals from outside.

(2) Outdoor or exercise area must be provided with areas of shade from direct sunlight, and adequate shelter for protection from rain, snow, or weather detrimental to the animal’s health.

(3) Outdoor area must have adequate drainage to prevent standing water.

(4) Animals shall not be allowed in outside areas unless they are able in the environmental conditions present at that time to maintain the normal body temperature appropriate for that species.

(D) Food and water.

(1) Sufficient wholesome food and clean water shall be provided to the animals daily, according to the needs of the species. The food must be free from contamination, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition, size, and age of the animal.

(2) Food storage areas shall be physically separated from the animal housing area as well as from the cleaning supply storage and from equipment cleaning area.

(3) Food shall be stored in such a manner that it is adequately protected against infestation or contamination by vermin.

(E) Operations standards.

(1) Veterinary care.

(a) All animals shall be observed daily for signs of disease, injury or distress by the hobby breeder.

(b) Sick, diseased, or injured animals shall be provided with proper veterinary care within a timely manner. Any animal experiencing dystocia (difficulty in birthing) shall be taken to a licensed veterinarian immediately upon observation of the condition. No animal shall be allowed to suffer due to lack of or delay of veterinary care.

(d) In order to minimize disease transmission, and control parasites, offspring (puppies and kittens) shall be vaccinated and dewormed according to the recommendations of a licensed veterinarian.

(e) Prescribed medications shall only be administered to animals if prescribed by a licensed veterinarian or under the direction of a licensed veterinarian.

(2) Examinations, vaccinations and parasite control.

(a) The animal to be bred shall be examined annually by a licensed veterinarian and shown to be following the wellness program recommended by the veterinarian. Vet records shall be maintained for the life of the animal.

(b) Offspring shall be immunized against infectious diseases common to the species; parasite control should be consistent with the size and age of the animal; and animals should be free of internal/external parasites before being transferred to a new owner. Records of vaccinations, parasite control, and dates thereof shall be maintained for each offspring produced.

(3) Sale/adoption/transfer of offspring.

(a) Offspring of the bred animal shall not be sold, adopted, or transferred until they are at least eight weeks of age, fully weaned, and shall be eating sufficiently on their own to maintain proper body condition.

(b) Offspring shall be examined by a licensed veterinarian prior to sale, adoption, or transfer to ensure the animal is healthy.

(c) A hobby breeder shall not sell, adopt or transfer an animal that is showing signs of a suspected contagious or zoonotic disease.

(d) Hobby breeder may sell, adopt or transfer an animal suffering from a health condition only if written disclosure of the condition is provided to the new owner prior to completion of the sale/adoption/transfer.

(e) Hobby breeder shall accept for refund or exchange any animal found within 14 days of sale/adoption/transfer to be suffering from an undisclosed health condition as documented by a licensed veterinarian.

1. Hobby breeder shall include in the cost of the animal, $60 toward the cost of a check-up by the veterinary of the customer’s choice.

(f) Vaccination and health records for each offspring shall be provided by the hobby breeder upon purchase/adoption/transfer.

(g) Written instructions for feeding, training, care and grooming of the offspring shall be provided by the hobby breeder upon purchase/adoption/transfer.

(h) Animals can only be sold, adopted, given as a gift, or transferred from the location listed on the hobby breeder permit. Animals being sold on public property or commercial property even with the owner’s permission are in violation of this article and the animals may be seized by RRARC.

(i) If the animal is receiving medication, then the medication is to be transferred to the new owner in the original container with the original prescription label specific for that animal.

(j) Animals shall not be sold, adopted, or transferred to an animal broker or other such animal dealer.

(4) Record keeping.

(a) Pedigree and certification.

1. A pedigree showing the lineage of all animals held for breeding purpose shall be maintained.

2. All heritable defects including known conformational defects expressed by the offspring’s ancestors shall be documented and disclosed to the purchaser/adopter.

3. A pedigree shall be provided for all offspring to all potential purchasers/adopters.

4. All dams and sires or potential dams and sires shall be certified free of known heritable defects common to the breed. A certified veterinarian shall perform certification which could include, but is not limited to, Canine Eye Registration Foundation (CERF) certification, Orthopedic Foundation of America (OFA), or PennHip certification.

(b) Sale/adoption/transfer records.

1. A record of all animals received and housed and their ultimate disposition shall be maintained for three years.

2. Records shall be kept documenting how many offspring were produced and who purchased/adopted each offspring. Records shall include name, address, phone number, type of animal, including breed and date purchased.

3. The hobby breeder shall disclose the breeding permit license number in any advertisement.

(Ord. 11-09; Am. Ord. 12-33; Am. Ord. 19-30)

116.21 HOBBY BREEDERS OF GUINEA PIGS, CHINCHILLAS, SUGAR GLIDERS AND RABBITS.

(A) Facility and maintenance standards for hobby breeders of guinea pigs, chinchillas, rabbits and sugar gliders.

(1) The housing shall be of sound physical structure and constructed of nontoxic material.

(2) Housing shall be maintained in good repair and kept clean and sanitary at all times so as to protect animals from disease and injury and shall be secure enough to ensure containment of the animal within the housing area.

(3) Animals shall be provided with clean bedding and other supplies such as litter pan, litter, wood chips, shredded paper, towels, etc., as needed for each species.

(4) Pens, cages and runs shall provide adequate space to prevent overcrowding and to permit adequate exercise according to the requirements of the species.

(6) Sufficient ventilation must be provided to minimize odors and moisture and ensure the health and comfort of the animals.

(7) Proper removal and disposal of animal food, waste, bedding, dead animals, and debris shall be provided. Animal waste shall be disposed of at a minimum of once per week or more often as necessary to maintain sanitary conditions.

(8) Hobby breeder can have no more than two litters or groups of unweaned animals present at any given time.

(9) Indoor housing must be provided with sufficient heating and cooling to protect animals from extreme temperatures and to provide for their health and comfort at all times. The ambient temperature shall be consistent with the needs of the animal species kept on the premises.

(10) Convenient toilet and hand washing facilities with hot and cold running water shall be available to maintain personal hygiene.

(11) All animal play areas shall be of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals.

(12) Food storage areas shall be physically separated from the animal housing area as well as from the cleaning supply storage and from equipment cleaning area.

(13) Food shall be stored in such a manner that it is adequately protected against infestation or contamination by vermin.

(B) Operations standards.

(1) Veterinary care.

(a) All animals shall be observed daily for signs of disease, injury or distress by the hobby breeder.

(c) The animal to be bred will be examined annually by a licensed veterinarian and shown to be following the wellness program recommended by the veterinarian.

(d) Medical records shall be kept for each animal. Every treatment an animal receives shall be recorded and made available to the new owner if adopted, sold or transferred.

(1) Offspring of the bred animal shall not be transferred, sold, or adopted until they are fully weaned, and are eating sufficiently on their own to maintain proper body condition.

(2) A hobby breeder shall not sell, adopt or transfer an animal that is showing signs of a suspected contagious or zoonotic disease.

(3) A hobby breeder may sell, adopt or transfer an animal suffering from a health condition only if written disclosure of the condition is given to the new owner prior to the completion of the sale, adoption or transfer.

(4) A hobby breeder shall accept for refund or exchange any animal found within seven days of adoption to be suffering from an undisclosed health condition as documented by a licensed veterinarian.

(5) Health records for each offspring shall be provided by the hobby breeder to the new owner.

(6) Written instructions for feeding, training, care and grooming of the offspring shall be provided by the hobby breeder to the new owner.

(7) If the animal is receiving medication, then the medication is to be transferred to the new owner in the original container with the original prescription label specific for that animal.

(8) Animals shall only be sold, given as a gift, adopted, or transferred from the location listed on the hobby breeder permit. Animals being sold on public property or commercial property even with the owner’s permission are in violation of this article and the animals may be seized by RRARC. This section does not preclude a hobby breeder who is also the owner of a permitted pet store from selling, adopting or transferring animals from the premises of their permitted pet store.

(D) Records.

(1) There shall be kept a record of all animals received, bred, birthed and housed and their ultimate disposition.

(2) Hobby breeders shall keep current records on each animal. These records shall include but not be limited to the following information:

(a) The source of the animal.

(b) Breeding date of each animal (male and female) and outcome of each breeding.

(d) Expected due dates.

(e) Date that the female was or is to be separated from the group.

(f) Birthing records – dates, size of the litter, description and identification of each young, complications or diseases associated with birthing;

(g) Outcome and ultimate disposition of each animal born.

(h) Animal illness, injury and death.

(E) Hobby breeders of guinea pigs.

(1) If a female guinea pig is to be used for breeding she shall be bred for her first litter no later than six months of age.

(2) A female guinea pig shall not be bred so that she has more than two litters in a 12-month period and the female shall be allowed at least two months between weaning a litter and being bred again.

(3) Guinea pigs shall be housed in cages with solid floor covered in nonirritating bedding. Pine chips or cedar chips are not allowed as bedding. Bedding shall be cleaned daily and changed weekly.

(4) Pregnant female guinea pigs shall be housed separately from other animals starting seven days before the expected parturition (due) date through the weaning of the litter.

(5) Nursing females shall be provided with enclosed nursing area large enough to accommodate her and her litter which is out of the view of other animals.

(6) The diet shall be species specific and of sufficient quality, quantity and variety to support the health of the guinea pig including the young and shall include an appropriate mix of pellets, hay and vegetables with a fresh, adequate source of Vitamin C. The diet shall be sufficient to meet any additional requirements of the animal due to life stage or medical condition.

(7) Water shall be provided fresh daily in a container that minimizes contamination with feces and food.

(8) All guinea pigs shall be housed indoors.

(F) Hobby breeders of chinchillas.

(1) A female shall not be bred so that she has more than two litters in a 12-month period and the female shall be allowed at least two months between weaning a litter and being bred again.

(2) Chinchillas shall be housed in cages with solid flooring and the cage shall have multiple levels that allow the animal to climb and jump. At least one nesting box per weaned animal shall be provided.

(3) A pregnant female shall be housed separately from other animals starting at least seven days before the expected parturition (due) date through the weaning of the litter.

(4) Nursing females shall be provided with nesting box large enough to accommodate her and her litter.

(5) Dust baths shall be provided to each chinchilla no less than twice weekly.

(6) The diet shall consist of species-specific pellets and good quality hay shall be offered daily in sufficient quality and quality to maintain the animal in a healthy body condition and shall meet any additional requirements of the animal due to life stage or medical condition.

(7) Water shall be provided fresh daily in a container that minimizes contamination with feces and food.

(8) All chinchillas shall be housed indoors.

(G) Hobby breeders of sugar gliders.

(1) A female shall not be bred so that she has more than two litters in a 12-month period. A female shall not be bred until she is at least 12 months of age.

(2) Cages shall be no smaller than 36 by 24 by 36 inches with a mesh no larger than one inch by one-half inch wide. Mesh sizes shall be smaller for cages housing nursing females and their offspring so as to keep the offspring from falling or escaping through the mesh. The cage shall have at least one nest box per animal and that box shall be no smaller than six by six inches with a circular entrance and hinged lid. The floor of the nest box shall be lined with species-appropriate bedding. The nest box shall be cleaned at least weekly. Branches and shelves shall be provided at different levels of the cage. Multiple food and water containers shall be provided in each cage.

(3) The diet shall be species specific and of sufficient quality, quantity and variety to support the health of the sugar glider including the young. The diet shall be sufficient to meet any additional requirements of the animal due to life stage or medical condition.

(4) All sugar gliders shall be housed indoors.

(5) Hobby breeders of sugar gliders shall have all USDA required permits in place prior to breeding and shall notify RRARC immediately of any changes to or revocation of such permit.

(H) Hobby breeders of rabbits.

(1) A female rabbit (doe) shall not be bred so that she has more than two litters in a 12-month period and the female shall be allowed at least two months between weaning a litter and being bred again.

(2) Rabbits housed in cages with solid flooring shall be provided with bedding that is cleaned daily and changed weekly. At least one litter box per rabbit shall be provided in each cage.

(3) Rabbits housed in cages with wire mesh flooring shall be provided with a resting area that is solid and large enough for the rabbit to fully stretch out on. The mesh flooring shall be of small enough diameter so that the animal’s foot cannot slip through and become injured.

(4) All cages shall provide at least one enclosed box for each rabbit in the cage excluding nursing kits. A nursing doe shall be provided a kindling box large enough for her and her entire litter.

(5) A doe shall be housed separately from other animals starting at least seven days before the expected parturition (due) date through the weaning of the litter or if the doe is housed in a stable group of does then the breeding male shall be removed at least seven days before the expected parturition date through the weaning of the litter.

(6) The diet shall be species specific and of sufficient quality, quantity and variety to support the health of the rabbit including the young. The diet shall be sufficient to meet any additional requirements of the animal due to life stage or medical condition.

(7) Outdoor housing.

(a) Outdoor housing shall have adequate walls or fences to keep the rabbit secure and to restrict the entry of mammals from outside the enclosure.

(b) Outdoor housing shall be provided with areas of shade from direct sunlight, and adequate shelter for protection from rain, snow, or weather detrimental to the animal’s health.

(Ord. 11-09; Am. Ord. 19-30)

116.22 PET AQUATIC FACILITY.

(A) Zoning and additional permitting requirements. Any person who intends to operate a pet aquatic facility shall obtain prior approval from the city’s Development Services Department and shall obtain approval from the New Mexico Department of Health.

(B) Facility and maintenance standards.

(1) Indoor facilities.

(a) Buildings shall be of sound physical structure and maintained in good repair.

(b) All floors and walls shall be constructed of smooth, water-impervious materials which are easy to clean and sanitize.

(d) Convenient toilet and hand washing facilities with hot and cold running water shall be available to maintain personal hygiene among animal caretakers.

(e) Common animal play areas shall be of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals.

(f) Provisions shall be made for the removal and proper disposal of animal waste.

(2) Outdoor facilities. If the aquatic facility is outside, then the pool decking area shall be kept in good repair and there shall be a wall or fence of sufficient construction to keep mammals and unauthorized individuals from entering the area.

(1) Maintain the entire facility in a clean and sanitary condition.

(2) Prior to admission of a dog four months of age or older, proof shall be obtained from the pet owner that the dog is currently immunized against rabies.

(3) Written or electronic records shall be maintained for a period of 365 days from the animal’s latest attendance date, of each individual animal attending the aquatic facility, including the following information:

(a) Dates of attendance;

(b) Owner’s address and telephone number;

(d) Animal’s name;

(e) Date(s) of rabies vaccinations.

(D) The swimming pool or spa used at the pet aquatic facility shall be maintained in good repair and within the guidelines of the New Mexico Environment Department. This includes routine chemical testing of the pool or spa water and maintenance of written records or logs of water quality management and pool maintenance for the previous 12 months.

(E) A written program shall be instituted which details the procedures to follow in the case of an animal or environmental emergency.

(Ord. 11-09; Am. Ord. 12-33; Am. Ord. 19-30)

116.23 PET DAY CARE FACILITY AND PET DAY CARE SERVICES.

Pet day care facilities and pet day care services, whether provided in a private, commercial, residence, or portion of a residence, are subject to all of the provisions contained in this section.

(A) Facility and maintenance standards.

(1) Indoor facilities.

(a) All buildings shall be of adequate construction, maintained in good repair, and secured in order to protect animal from injury or escape and restrict the entry of animals including rodents and or other vermin as well as unauthorized individuals from the outside.

(b) All animal housing facilities shall be structurally sound and constructed of nontoxic materials.

(c) Interior and exterior floors shall be smooth, easily sanitized, and impervious to water. Floors shall have proper drainage so that the animal can remain dry while housed in the primary enclosure.

(d) Facilities shall be maintained in good repair and kept clean and sanitary at all times so as to protect animals from disease and injury.

(e) Indoor housing shall be provided with sufficient heating and cooling consistent with the needs of the animals kept at the facility.

(f) Sufficient lighting shall be provided by either natural or artificial means or a combination of both sufficient for the inspection of the animals, routine cleaning and sanitation, and proper animal care.

(g) Sufficient ventilation shall be provided to ensure the health and comfort of the animals kept at the facility.

(h) Conveniently available toilet and hand-washing facilities with hot and cold running water shall be provided at the facility.

(i) All common animal play areas shall be of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals.

(j) Primary enclosures shall be of sufficient size to allow each animal kept at the facility to turn around and exercise normal postural movements.

(k) Primary enclosures shall be constructed of material that are water resistant and can be readily cleaned and sanitized.

(l) Wire flooring is prohibited.

(m) Provisions shall be made for the removal and proper disposal of animal food, waste, bedding, dead animals and debris. These provisions shall minimize vermin infestations, odors and disease hazards.

(2) Outdoor facilities.

(a) A wall or fence shall be present and of sufficient construction to secure the pets from other domestic animals and unauthorized individuals.

(b) Outdoor animal areas shall be sufficient to protect the animal from sunlight, rain, snow or weather detrimental to the animal’s health or shall allow indoor access.

(c) Provisions shall be made for the removal and proper disposal of animal food, waste, bedding, dead animals and debris. These provisions shall minimize vermin infestation, odors and disease hazards.

(e) Animals shall not be allowed in outside areas unless they are able, in the environmental conditions present at that time, to maintain the normal body temperature appropriate for that species.

(B) Program and operation standards.

(1) Animals shall be provided with clean, fresh, sufficient and wholesome food and water, according to their needs.

(2) Food and waste systems shall meet state and local regulations.

(3) Written or electronic records shall be maintained, for a period of 365 days from the animal’s latest attendance date, of each individual animal attending the boarding facility, including the following information:

(a) Dates of attendance;

(b) Owner’s address and telephone number;

(d) Animal’s name;

(e) Date(s) of rabies vaccinations.

(4) Runs and cages shall display an identification tag for each animal contained therein.

(5) Each animal shall be observed several times daily by the animal caretaker in charge.

(6) A written veterinary-approved program shall be developed and updated at least annually. The minimum requirements for this program include parasite preventative program, vaccination recommendations, procedures to minimize disease transmission, disease and injury recognition training, emergency care and procedures.

(7) A written program shall be instituted which details the procedures to follow in the case of an animal or environmental emergency.

(8) Any animal kept by the facility or service shall be provided with proper veterinary care within a reasonable amount of time in the event of illness or injury occurring at facility or service.

(9) Animals suffering from a contagious disease shall not be kept by a pet day care facility or service unless it can be adequately isolated from the other animals kept at the facility or service.

(10) Any animal suspected of showing symptoms of rabies infection shall be immediately segregated and reported to RRARC.

(Ord. 11-09; Am. Ord. 19-30)

116.24 PET SITTING SERVICE.

(A) Operation standards.

(1) The pet sitter shall have readily available the current rabies vaccination information for each pet in their care for which a rabies vaccination is required.

(2) The pet sitter shall be insured and shall maintain insurance coverage or bonding that covers loss to the client, including loss resulting from the pet sitter’s intentional acts, and shall be able to provide proof of the same upon request of the client or RRARC.

(3) The pet sitter shall maintain a current city business registration in accordance with Chapter 110, R.O. 2003.

(4) The pet sitter should provide a written service contract that specifies at least services and fees.

(5) While an animal is in his or her pet-sitting care, the pet sitter shall be considered the owner’s agent and thereby be subject to all responsibilities and obligations required of the animal’s owner; provided, however, that the pet sitter shall not be liable for the owner’s obligations under this chapter or Chapter 90 for acts of third parties or other circumstances beyond the pet sitter’s reasonable control.

(6) The pet sitter should have a written program which includes: the owner’s contact information and itinerary (if applicable), and alternate contact information in case of emergency; instructions on the care, feeding, medicating and exercising of each pet; any special needs such as allergies and/or medical conditions; contact information for the animal’s regular veterinarian; and procedures to follow in the case of emergency, including provisions for emergency veterinary care, for alternate care in case of illness or injury of the pet sitter, and for an emergency at the site at which the animal is being housed.

(Ord. 11-09; Am. Ord. 19-30)

116.25 PET STORE.

(A) Facility and maintenance standards.

(1) General.

(a) All animal housing areas shall be structurally sound and constructed of nontoxic materials and the entire pet store shall be maintained in a clean and sanitary condition.

(b) Interior and exterior floors and all animal contact areas shall be smooth, impervious to water, and able to be easily cleaned and sanitized.

(d) All enclosures such as pens, cages, runs, aquariums, terrariums and display areas shall provide adequate space to prevent overcrowding and to permit adequate exercise according to the requirements of the species.

(f) Sufficient ventilation shall be provided to minimize odors and moisture and ensure the health and comfort of the animals.

(g) Reliable and adequate electric power and/or gas shall be provided for lighting, air circulation, heating and cooling.

(h) No animal shall be housed over a 24-hour period in an airline-type container.

(i) No animal shall be confined to a window display area after business hours.

(j) Wire flooring in cages is prohibited with the two following exceptions:

1. Rabbits housed in cages with wire mesh flooring shall be provided with a resting area that is solid and large enough for the rabbit to fully stretch out on. The mesh flooring shall be of small enough diameter so that the animal’s foot cannot slip through and become injured; and

2. Sugar glider cages shall be no smaller than 36 by 24 by 36 inches with a mesh no larger than one inch by one-half inch wide. Mesh sizes shall be smaller for cages housing nursing females and their offspring so as to keep the offspring from falling or escaping through the mesh. The cage shall have at least one nest box per animal and that box shall be no smaller than six by six inches with a circular entrance and hinged lid. The floor of the nest box shall be lined with species-appropriate bedding. The nest box shall be cleaned at least weekly. Branches and shelves shall be provided at different levels of the cage.

(2) Indoor facilities.

(a) Buildings shall include four solid walls to protect animals from weather conditions and prevent entry of unauthorized persons.

(c) Indoor housing for animals should be adequately ventilated with fresh air to minimize odors and moisture and to provide for the health and comfort of the animals at all times.

(d) In order to prevent cross contamination or nose-to-nose contact by animals, the enclosures shall either be physically separated or solid dividers shall be required between each enclosure.

(e) Indoor enclosures must be constructed so that water runoff does not enter adjacent enclosures and is rapidly eliminated from the floor.

(3) Outdoor facilities. Outdoor facilities are prohibited except securely fenced exercise areas in which animals are allowed to exercise under direct supervision of a store employee.

(4) Primary enclosures and display areas.

(a) All animals housed at the pet store shall be confined to a primary enclosure at all times unless under the direct supervision of employees of the pet store.

(b) Primary enclosures and display areas shall not have wire flooring with the two exceptions listed in subsection (A)(1)(j) of this section.

(c) Primary enclosures shall have a solid resting area large enough for each animal housed in that enclosure to stretch out on and lay down.

(d) Primary enclosures and display areas shall be large enough and cleaned on a schedule (no less than daily) so that the animal can stay dry and avoid contact with excrement.

(e) Primary animal enclosures shall be cleaned daily and sanitized between animals. Animals shall be removed from the enclosures during the cleaning process.

(f) Each primary enclosure and display area shall display an identification tag for each animal or animal litter contained therein with the exception of aquariums housing schools of fish.

(g) A primary enclosure which houses an avian(s) shall have at least two perches of different diameters which are appropriate for that avian.

(h) Primary enclosures and display areas shall be constructed so as to:

1. Restrict contact with the public unless supervised by the pet store staff; and

2. Minimize the risk of injury to the animal; and

3. Minimize the risk of injury to the public; and

4. Minimize the risk of theft of the animal.

(5) Waste disposal.

(a) Provisions shall be made for the removal and proper disposal of animal food, waste, bedding, dead animals and debris.

(b) Disposal facilities shall be provided and operated so as to minimize vermin infestation, odors and disease hazards.

(B) Program and operation standards.

(1) General.

(a) The purchase, sale, or transfer of dogs, cats, or hybrids of dogs or cats by pet stores are prohibited. This section shall not preclude pet stores from adopting dogs or cats in conjunction with a permitted animal shelter or animal rescue.

(b) Mammals of different species shall not be housed or displayed together in the same primary enclosure or display area.

(c) Avians, reptiles, amphibians and fish may be housed or displayed in mixed species groups only if they are behaviorally and ecologically compatible and they do not present a disease transmission hazard to each other.

(d) Compatibility of animals housed in groups shall be ascertained prior to leaving animals unattended and shall be monitored periodically.

(e) Nursing dams and their offspring shall be housed in an enclosure that provides an area that is not visible to the public and is large enough for the animal to nurse all of the young at one time.

(f) A pet store shall not sell, adopt or transfer an animal that is showing signs of a suspected contagious or zoonotic disease.

(g) Prior to the sale or transfer, a pet store shall provide to the new owner written disclosure of the condition if the pet store sells or transfers an animal suffering from a health condition.

(h) A pet store shall accept for refund or exchange any animal found within seven days of sale or transfer to be suffering from an undisclosed health condition as documented by a licensed veterinarian.

(i) Written instructions for feeding, training, care and grooming of the animal shall be provided by the pet store to the new owner.

(2) Food and water.

(a) Sufficient wholesome food and potable water shall be provided to the animals, according to the needs of the species. The food shall be free from contamination, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition, size, and age of the animal.

(b) Food storage areas shall be physically separated from the animal housing area as well as from the cleaning supply storage and from equipment cleaning area.

(d) Open bags of kibble shall be stored in sealed containers.

(e) Open containers of canned food shall be sealed and kept refrigerated.

(f) Food containers shall be emptied and sanitized daily.

(g) Animals housed in groups shall be monitored during feeding time to ensure that all animals are able to eat adequately. Separation of the animals into different areas and/or use of crates may be necessary to ensure that this occurs.

(h) Water containers shall be emptied, sanitized and refilled with fresh potable water daily. Care shall be taken so that the water bowl does not present a hazard to the animal, especially young animals. Care shall also be taken to ensure that the water containers cannot be overturned during the normal activity of the animals.

(i) Food and water containers shall be clean and made of materials that can be sanitized or that are disposed of after each use.

(3) Veterinary care.

(a) Each animal shall be observed daily by the animal caretaker in charge for signs of disease, injury, or distress.

(d) A written veterinary-approved program shall be developed and updated at least annually. The minimum requirements for this program include parasite preventative program, vaccination programs, procedures to minimize disease transmission, disease and injury recognition training, as well as emergency care and procedures. This program shall also contain protocols for monitoring the effectiveness of the parasite program as well as a disease surveillance program.

(e) A written program shall be instituted which details the procedures to follow in the case of an animal or environmental emergency.

(f) Medical records shall be kept for each animal treated at the pet store. Every treatment an animal receives shall be recorded and made available to the new owner when sold.

(g) Any animal suspected of showing symptoms of rabies infection shall be immediately segregated and reported to RRARC.

(h) A pet store shall employ or contract with a veterinarian to provide medical treatment, program consultation, and emergency care for the store animals.

(4) Records.

(a) Written or electronic records shall be maintained for a period of 365 days from the animal’s sale date:

1. Purchase date and source of the purchase;

2. Sale date and new owner’s address and telephone number;

3. Type of animal, including breed and date of birth;

4. Vaccination date(s) and vaccine label information;

5. Parasite control medications and dates of administration;

6. Medical records.

(b) This record requirement excludes fish hatched at the pet store. Records for groups of animals that are commonly delivered to pet stores as litters such as pinkies and feeder rodents can be maintained in the form of litter records rather than individual animal records.

(5) Prior to selling any pet food products, the business owner shall ensure that the food product is registered with the New Mexico Department of Agriculture.

(Ord. 11-09; Am. Ord. 12-33; Am. Ord. 17-11; Am. Ord. 19-30)

116.26 TRAINING FACILITY.

(A) Facility and maintenance standards.

(1) Indoor facilities.

(a) Buildings shall be of sound physical structure and maintained in good repair.

(b) Exterior structures shall be secure in order to protect animals from injury or escape and to restrict the entry of outside animals or unauthorized persons.

(f) Sufficient ventilation shall be provided to minimize odors and moisture and ensure the health and comfort of the animals.

(g) All floors and walls shall be constructed of readily cleanable, sanitizable and water impervious materials.

(h) Floors shall have properly constructed drains that are kept in good repair.

(i) Convenient toilet and hand washing facilities with hot and cold running water shall be available to maintain personal hygiene among animal caretakers.

(j) Water supply shall allow for hose hook-up, to readily reach all parts of animal housing. Water pressure shall be adequate for cleaning of animal housing areas.

(k) Any common animal play areas shall be of sufficient size to allow for maintenance of sanitary conditions and to avoid overcrowding of animals.

(l) Food supplies and bedding shall be stored in such a manner that they are adequately protected against infestation or contamination by vermin.

(m) Provisions shall be made for the removal and proper disposal of animal food, waste, bedding, dead animals, and debris.

1. Disposal facilities shall be operated so as to minimize vermin infestation, odors, and disease hazards.

2. Dead animals shall be removed immediately from the primary enclosure and placed in a designated freezer until carcass can be properly disposed of in accordance with city ordinances.

(n) An isolation area shall be provided for containment of sick animals.

(2) Primary animal enclosures.

(a) Primary animal enclosures shall be constructed of materials that are water resistant and can be readily cleaned and sanitized.

(b) Primary animal enclosures shall be maintained in good repair and sanitary condition to enable the animals to remain clean and dry and to provide convenient access to food and clean water.

(e) Cats shall be provided with clean bedding and a litter pan in each primary enclosure.

(f) Dogs shall be provided bedding, platforms, or padded resting areas within the primary enclosure according to their individual needs.

(g) Wire flooring in primary enclosures is prohibited.

(3) Outdoor facilities.

(a) Outdoor housing or exercise areas shall have adequate walls or fences to keep pets secured and to restrict the entry of mammals from outside.

(b) Outdoor housing or exercise areas shall be provided with areas of shade from direct sunlight.

(e) Animals shall not be allowed in outside areas unless they are able, in the environmental conditions present at that time, to maintain the normal body temperature appropriate for that species.

(B) Program and operation standards.

(1) The entire facility shall be maintained in a clean and sanitary condition.

(2) Animal waste shall be removed from primary animal enclosures daily or more often as necessary for the animal housed within to avoid contact with the waste.

(3) Primary animal enclosures shall be cleaned daily and sanitized between animals. Animals shall be removed from the enclosures during the cleaning process.

(4) Food and water bowls shall be clean and made of materials that can be sanitized or that are disposed of after each use. Plastic bowls are prohibited.

(5) Animals shall be housed individually unless otherwise requested by the owner.

(6) Each animal shall be observed daily for signs of disease, injury, or distress.

(a) An animal suspected of having an infectious disease shall be separated from other susceptible animals and placed in an isolation area.

(b) Any injured or ill animal shall be provided veterinary care in a timely manner. No animal shall be allowed to suffer due to lack of or delay of veterinary care.

(d) Medications may only be administered to boarding animals if provided and directed by the owner, or if prescribed directly by a veterinarian.

(8) Animals shall be fed no less than daily. Animals under the age of six months shall be fed no less than twice daily. Animals under the age of three months shall be fed no less than three times daily. Food left in bowls from the previous feeding shall be discarded.

(9) Prior to admission of a dog, cat or ferret four months of age or older, proof shall be obtained from the pet owner that the animal is currently immunized against rabies.

(10) Written or electronic records shall be maintained, for a period of 365 days from the animal’s latest attendance date, of each individual animal attending the boarding facility, including the following information:

(a) Dates of attendance;

(b) Owner’s address and telephone number;

(d) Animal’s name;

(e) Date(s) of rabies vaccinations.

(11) Prior to selling any pet food products, the business owner shall ensure that the food product is registered with the New Mexico Department of Agriculture.

(12) A written veterinary-approved program shall be developed and updated at least annually. The minimum requirements for this program include parasite preventative program, vaccination recommendations, procedures to minimize disease transmission, disease and injury recognition training, emergency care and procedures.

(13) A written program shall be instituted which details the procedures to be followed in the case of an animal or environmental emergency.

(Ord. 11-09; Am. Ord. 19-30)

116.27 INSPECTIONS.

RRARC Agents shall be permitted to enter, at any reasonable time, for the purpose of inspecting any premises operating under authority of a professional animal permit or hobby breeder permit, to determine compliance with this chapter.

(’87 Code, § 14-7-7) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09; Am. Ord. 19-30. Formerly 116.05)

116.28 EXEMPTIONS.

This chapter shall not apply to and shall not be construed to require professional animal permits for:

(A) A veterinary hospital or clinic operated by a licensed veterinarian; and/or

(B) An animal control shelter.

(’87 Code, § 14-7-9) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09; Am. Ord. 19-30. Formerly 116.06)

116.29 COMPLIANCE REQUIRED.

Compliance with this chapter shall not exempt any professional animal business or person or persons operating as a hobby breeder from the provisions of:

(A) Sections 110.01 et seq. of this code; and

(B) Chapter 90 of this code.

(’87 Code, § 14-7-10) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09; Am. Ord. 19-30. Formerly 116.07)

116.30 VIOLATIONS; SUSPENSION AND REVOCATION.

(A) A permit may be denied or suspended by the RRARC upon a determination that the holder of the permit is in violation of the provisions of this chapter.

(B) Upon inspection of premises, if an RRARC Agent discovers what, in her/his professional judgment, is a violation, the agent shall notify the permit holder in writing. The notification shall:

(1) State the specific violation found;

(2) Establish a specific and reasonable period of time for correction of the violation; and

(3) State that failure to comply with notice issued could result in suspension or revocation of the permit.

(C) If an RRARC Agent finds any violation, unsanitary or other conditions in the operation of a professional animal business or premises used by a hobby breeder, which, in her/his professional judgment, constitutes a substantial hazard to animal or public health, the agent may, without prior warning or hearing, issue a written notice to the permit holder or operator citing the conditions and specifying the corrective action to be taken. If deemed necessary, the notice shall state that the permit is immediately suspended and all operations are to be immediately discontinued. Any permit holder or operator to whom an order is issued shall comply with the notice immediately.

(D) An opportunity for an appeal on any denial or suspension shall, upon written notification within 30 days to the City Clerk, be provided. The time and place will be determined by the City Manager. Based upon the record of the hearing, the governing body shall make a finding and shall sustain, modify or rescind the action considered at the hearing.

(E) For serious or repeated violations of the requirements of this chapter, or upon interference with an RRARC Agent in the performance of duties, a permit may be denied or suspended after an opportunity for hearing has been provided. Prior to the action, the RRARC shall notify the applicant or permit holder, in writing, of the reason for which the permit is subject to denial, suspension or revocation and that the action shall be taken at the end of five days following service of the notice, unless a request for a hearing is filed with the governing body by the permit holder within five days of receipt of written notice.

(’87 Code, § 14-7-8) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09; Am. Ord. 12-33; Am. Ord. 19-30. Formerly 116.09)

116.31 ADMINISTRATION.

(A) The City Manager or her/his designee is responsible for the administration of the provisions of this chapter. Reasonable rules and regulations shall be prescribed by the City Manager or her/his designee to carry out the intent and purpose of this chapter pursuant to the standards created by the governing body. Powers delegated to the City Manager may be delegated by the City Manager to the duly appointed RRARC Agents as she/he may deem expedient.

(B) The City Manager or her/his designee shall appoint RRARC Agents. The RRARC Agents shall be concerned primarily with the health and safety of the citizens of the city as affected by animals, and with the health and safety of animals within the city limits.

(C) Police officers and RRARC Agents shall have the authority to issue citations whenever there is probable cause to believe there exist violations of this chapter.

(D) RRARC Agents shall have the authority and are directed to investigate upon probable cause any alleged violation of this chapter or of any law of the state relating to the care, treatment, control and prevention of cruelty to animals. RRARC Agents are authorized to inspect premises within the city limits, as necessary to perform their duties. If the owner or occupant of the premises objects to inspection, a warrant shall be obtained from a court of competent jurisdiction prior to inspection. No warrant shall be necessary if probable cause exists to believe that there is an emergency requiring inspection or investigation.

(’87 Code, § 14-7-3) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09; Am. Ord. 19-30. Formerly 116.10)

116.99 PENALTY.

(A) Failure to obtain a license required by this chapter shall constitute a violation. Any person conducting activities required to be licensed under this chapter who has not obtained such license shall be fined $300 and shall either obtain the required license under this chapter or cease conducting such activities.

(B) Any person required to be licensed under this chapter who violates any of the provisions of Sections 116.15 through 116.26 shall be fined as follows:

(1) If such violation results in injury to an animal in the course of the activity required to be licensed, and the person required to be licensed has not obtained such license, the fine shall be $300.

(2) If such violation results in injury to an animal in the course of the activity required to be licensed, and the person required to be licensed has such license, the fine shall be $200.

(3) If such violation does not result in injury to an animal in the course of the activity required to be licensed, and the person required to be licensed has such license, the fine shall be $100. (Ord. 12-33; Am. Ord. 19-30)