Chapter 90 ANIMALS

(B) It is the intent of the governing body that enactment of this chapter will protect animals from neglect and abuse, protect residents from annoyance and injury, promote the health, safety and welfare of the residents, assist in providing control of animals, and finance the function of licensing and recovery of the animals.

(’87 Code, § 11-1-1) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 11-09; Am. Ord. 19-30)

Cross-reference:

Animal rescues, animal shelters, boarding kennels, boarding services, commercial kennels, hobby breeders, pet aquatic facilities, pet day care facilities, pet day care services, pet sitting services, pet stores, training kennels, grooming parlors, and grooming services, see Chapter 116

90.02 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 116 also apply to Chapter 90. Definitions apply whether or not capitalization is used.

ABANDONMENT. To desert deliberately and give up all interest in the supervision or care of an animal or animals.

ANIMAL. Any dog or cat or any vertebrate or invertebrate (excluding man).

ANIMAL FIGHTING PARAPHERNALIA. Equipment that any reasonable person would ascertain is used for animal fighting purposes which includes, but is not limited to (1) instruments designed to be attached to the leg of a bird, such as a boxing glove or mitt, knife, gaff, or other sharp instrument, (2) items to train and condition animals to fight including, but not limited to, hides or other material used as hanging devices to strengthen and/or condition fighting dogs, wooden bite sticks or handles used to pry open the jaws of dogs, performance enhancing drugs or substances, or food or water additives commonly administered to the fighting dogs by animal fighters, and/or (3) the presence of any animal that appears to be a fighting animal alone or together with animals suspected of being used as bait animals including but not limited to rabbits, cats, and other dogs.

ANIMAL ORGANIZATION. Any private group that buys, sells, transfers, adopts or exchanges animals including but not limited to pet stores, hobby animal breeders, animal rescues, private animal shelters, and animal foster care providers excluding the Rio Rancho Animal Resource Center or RRARC.

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.

BAIT ANIMAL. An animal used to train and/or condition other animals to fight and includes but is not limited to dogs, cats, rabbits exposed to attack by other animals used or trained to be used in fighting or to make the attacking animal more confident and aggressive.

BITE. A puncture or tear of the skin inflicted by the teeth of any animal.

BITE INJURY. Any contact between an animal’s mouth and teeth and the skin of a bite victim which causes visible trauma such as a puncture wound, laceration, or other piercing of the skin.

CONTINUOUSLY or CONTINUAL. Continuing without interruption for a period of 10 minutes, and/or interrupted then starting again where the animal noise occurs in each of the 10 one-minute period intervals.

DANGEROUS DOG. Any dog that has caused a bite injury to a person, domestic animal, or livestock and has not been declared a vicious dog.

DOMESTIC ANIMAL. Any dog, cat, ferret, or domestic livestock.

DOMESTIC FOWL. Any bird commonly known as a guinea, duck, turkey, or goose. Chickens are expressly excluded from this definition.

DOMESTIC LIVESTOCK. Any of the large or small livestock, including but not limited to horses, cattle, mules, donkeys, burros, swine, goats, and sheep.

ENCLOSED LOT. Any parcel of land or portion thereof in private ownership around the perimeter of which a wall or fence has been erected.

ESTRAY. (See STRAY.)

EXOTIC ANIMAL. Rare or different from ordinary domestic animals or not indigenous to the state.

EXPOSURE TO RABIES. The exposure resulting from a bite by an animal susceptible to rabies, or from contact with the saliva, blood, or peritoneal fluid of such animal.

FERAL. A domesticated animal which has reverted back to its wild nature.

HOBBY BREEDER. Any person who either causes or allows a dog, cat, guinea pig, chinchilla, sugar glider or rabbit to be bred; or any person who either causes or allows any animal subject to an intact animal permit issued under Section 90.46(D) to breed.

HOUSEHOLD. A group of people who dwell under the same roof.

INTACT ANIMAL PERMIT. A permit required allowing a cat or dog to remain intact if the cat or dog meets qualifications set forth in Section 90.19.

LEASH. A chain, strap or cord specifically manufactured to be attached to the harness or collar of an animal, made of sufficient substance to keep the attached animal under control by the person holding the leash.

LONG RECALL. An obedience training exercise in which the dog is trained to sit or lay down, stay, and then to come to the owner upon demand from a distance of more than eight feet.

OBVIOUS SIGNS OF PET OWNERSHIP. A domestic animal which, at the time the animal is taken up and impounded, is wearing a collar or harness, whether or not the animal is wearing license or immunization tags, or which has been tattooed or which has been implanted with a microchip identification device.

OWNER. A person who owns, possesses, or exercises control or custody over an animal, or if that person is under the age of 18, that person’s parent or guardian. If an animal has more than one owner, each shall be considered an owner and subject to the provisions of this chapter. Any person acting as the agent of the owner, or any person over the age of 18 in a household who is left in charge of an animal, may also be deemed the owner.

PET. An animal which exhibits obvious signs of pet ownership.

PET STORE. Any commercial establishment or premises or part thereof maintained 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.

POTENTIALLY DANGEROUS DOG. A dog that may reasonably be assumed to pose a threat to public safety as demonstrated by the following behaviors:

(1) Causing an injury, other than a bite injury, to a person, domestic animal, or livestock; or

(2) Chasing or menacing a person or domestic animal or livestock in an aggressive manner and without provocation; or

(3) Acting in a highly aggressive manner within a fenced yard or enclosure and appearing able to jump out of the yard or enclosure.

PREMISES. A parcel of land owned, leased, rented or controlled by any person, legal or natural. The parcel of land may include a structure.

PROPER ENCLOSURE. Secure confinement indoors or outdoors, such as in a fenced yard, locked pen or other structure, that is designed to prevent the animal from escaping the confined area but does not include chaining, restraining or otherwise affixing the animal to a stationary object.

PROVOCATION. Any action or activity, whether intentional or unintentional, which would be reasonably expected to cause a normal dog in similar circumstances to react in a manner similar to that shown by the evidence.

PYGMY GOAT or NIGERIAN DWARF GOAT. A breed of miniature domestic goat with scientific name “Capra aegagrus hircus,” that tend to be kept as pets primarily, though also may be kept as milk producers and working animals.

RABIES VACCINATION. Protection provided against rabies by inoculation with anti-rabies vaccine recognized and approved by the U.S. Department of Agriculture, Bureau of Animal Industry, State of New Mexico Rabies Act of 1959, given in amounts sufficient for requirements recommended by NMAC Chapter 7.

REASONABLE. What conventional wisdom would deem as justifiable or explainable, i.e., being within the bounds of reason.

RIO RANCHO ANIMAL RESOURCE CENTER or RRARC. The administrative building and the administrative staff directed by the City Manager or her/his designee and/or any pound, lot, premises or building maintained for the care and custody of animals by the City of Rio Rancho.

RIO RANCHO ANIMAL RESOURCE CENTER AGENT or RRARC AGENT. The person duly appointed to that position by the City Manager or her/his designee.

RUN AT LARGE. To be free of control beyond the boundaries of the premises of the owner.

SERIOUS INJURY. A physical injury that results in broken bones, serious disfigurement, protracted impairment of health, or permanent or prolonged impairment of the use of any member or organ of the body.

STRAY. Any animal which is off and away from its home unattended, and running at large within the city, and/or any animal for which there is no owner, or the owner cannot be found or determined.

UNALTERED ANIMAL. An animal which has not been sterilized.

UNREASONABLE. What conventional wisdom would deem as unexplainable or unjustified, i.e., not being guided by reason.

VICIOUS DOG. A dog that, without provocation or justification, bites or attacks a person, domestic animal, or livestock and causes serious injury or death.

WILD ANIMAL. Any animal or species that, in their natural life, are wild, dangerous or ferocious and though they may be trained and domesticated will remain dangerous to others and may injure or kill a citizen in the city. Those animals, however domesticated, shall include but are not limited to:

(1) Dog family (canidae), such as, but not limited to, wolves, foxes, coyotes, dingoes and jackals, all except domestic dogs;

(2) Cat family (felidae) such as, but not limited to, lions, panthers, mountain lions and wild cats, all except the commonly accepted domesticated cats;

(3) Bears (ursidae), all bears;

(4) Weasels (mustelidae), such as, but not limited to, weasels, martins, mink, wolverine, badgers, otters, ermine and mongoose, all except the commonly accepted domesticated ferrets;

(5) Raccoons and ring-tailed cats;

(6) Primates (hominidae), all subhuman primates;

(7) Porcupines (erethizontidae);

(8) Skunks;

(9) Snakes which are venomous or dangerous;

(10) Venomous lizards, alligators and crocodiles; and

(11) Venomous fish and piranha.

(’87 Code, § 11-1-2) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027; Am. Ord. 06-09; Am. Ord. 11-09; Am. Ord. 12-33; Am. Ord. 14-17; Am. Ord. 16-15; Am. Ord. 17-11; Am. Ord. 19-16; Am. Ord. 19-30)

90.03 ADMINISTRATION.

(A)(1) 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 Agent as she/he may deem expedient.

(2) 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.

(’87 Code, § 11-2-1)

(B)(1) 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.

(2) 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 the inspection or investigation.

(’87 Code, § 11-2-2)

(Ord. 81-9; Am. Ord. 91-016; Am. Ord. 11-09; Am. Ord. 19-30)

90.04 FALSE REPORTS.

It is unlawful for any person to make a false report to the city regarding any animal in danger or stray or regarding any alleged violation of this chapter.

(’87 Code, § 11-6-10) (Ord. 81-9; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 11-09; Am. Ord. 19-30) Penalty, see § 90.99

90.05 HINDERING.

(A) Any person who shall break into or in any manner, directly or indirectly, aid in breaking into the enclosure in which any animal is impounded shall be guilty of a petty misdemeanor. (’87 Code, § 11-10-1)

(B) Any person who shall willfully or intentionally hinder or obstruct any RRARC Agent in the discharge of her/his official duty under the provisions of this chapter shall be guilty of a petty misdemeanor. (’87 Code, § 11-10-2)

(Ord. 81-9; Am. Ord. 85-143; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 11-09; Am. Ord. 19-30) Penalty, see § 90.99

SPECIFIC REGULATIONS

90.15 RABIES VACCINATION.

(A)(1) Any person owning an animal which is over the age of three months and for which there is a state approved rabies vaccination shall have the animal vaccinated against rabies. The rabies vaccination shall be given in amounts sufficient to provide immunity from rabies for at least one year and a maximum of three years. The vaccination shall be administered by a licensed veterinarian. The animal shall be vaccinated in accordance with the recommendations given in the “Compendium of Animal Rabies Control” published by the National Association of State Public Health Veterinarians as described in NMAC Chapter 7. A certificate from a licensed veterinarian shall be evidence of vaccination.

(2) The veterinarian administering any rabies vaccine to any animal shall issue to the owner of the animal or the owner’s agent a numbered vaccination certificate. The certificate shall contain the name and address of the owner or keeper of the animal, a description of the vaccinated animal, the date of the vaccination, the lot number of the vaccination, and the expiration date of the period of immunity.

(3) The owner of any animal or owner’s agent for which there is a state required rabies vaccination shall have readily available a current certificate of vaccination for any police officer’s or RRARC Agent’s review.

(’87 Code, § 11-4-1)

(B) Any domestic animal falling into one or more of the following categories shall be immediately isolated and confined by the owner. The owner of any such animal or any person who knows or has reason to suspect that an animal falls into one or more of the following categories shall immediately notify an RRARC Agent of the situation as well as the location of the animal. The categories include:

(1) Any domestic animal known to have rabies;

(2) Any domestic animal that is suspected of showing signs of rabies;

(3) Any unvaccinated domestic animal that has been bitten by a rabid animal or by a potentially rabid animal (potentially rabid animals include but are not limited to skunks, raccoons, coyotes, bats, stray dogs, stray cats);

(4) Any domestic animal suspected of having had an exposure to rabies.

The owner of the animal shall surrender the animal to the RRARC Agent upon demand. The RRARC Agent shall then deal with the rabid animal pursuant to state law. (’87 Code, § 11-4-2)

(Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027; Am. Ord. 11-09; Am. Ord. 19-30) Penalty, see § 90.99

90.16 ANIMALS BITING.

(A)(1) When any person is bitten by a mammal, wild or domestic, it is the duty of the owner of such animal, if applicable, as well as the duty of the bitten person or his/her parent or guardian or any person having knowledge of the whereabouts of the animal, to report that occurrence to an RRARC Agent within 24 hours. The owner of an animal that bites a person shall surrender the animal to an RRARC Agent, if necessary, to impound the animal for a period of observation of not less than 10 days. The day the bite occurs shall be deemed day zero and each day after that shall have sequential numbers up until day 10.

(2) A physician who renders treatment to a person bitten by a mammal, wild or domestic, shall report that fact to an RRARC Agent within 24 hours of his first professional attendance. The physician shall report the name, sex and address of the person bitten as well as the type and location of the bite. The physician shall give the name and address of the owner of the animal that inflicted the bite, if known, and other facts that may assist the RRARC Agent in ascertaining the immunization status of the animal.

(3) Any domestic animal with a valid, current rabies vaccination that bites a person shall either be surrendered for humane euthanasia and rabies testing or confined for a period of 10 days and subject to the following:

(a) The animal may be confined at a private boarding kennel, a veterinary clinic, or the RRARC;

(b) The RRARC Agent may consent to confinement on the owner’s premises, but only if the animal has a valid, current rabies vaccination at the time of the bite and the premises where the home confinement is to occur is inspected and approved for such purposes by the RRARC Agent;

(d) During the quarantine, the animal shall not be vaccinated, revaccinated, sold, transferred, or otherwise disposed of. Therapeutic, surgical, or corrective treatment is allowed only if the animal is showing signs of acute illness (not related to rabies) and these procedures may only be performed by a licensed veterinarian. The veterinarian shall be required to notify the RRARC Agent of the illness in a timely manner;

(e) Regardless of where the animal is confined, immediately after the 10-day quarantine, the animal must be presented to a licensed veterinarian for a determination to ensure that there is no evidence of rabies. Only after clearance documentation is obtained and approved by the RRARC may the animal be released from quarantine. The owner will bear the cost of this medical clearance;

(f) Any person who has custody of an animal in quarantine shall immediately notify the RRARC Agent if the animal escapes or shows signs of sickness or abnormal behavior and shall surrender the animal to the RRARC Agent;

(g) If an animal is euthanized or dies during the quarantine period, the owner or custodian of said animal is required to immediately have the animal’s head sent to the state laboratory for rabies testing. This can be done through the owner’s/custodian’s veterinarian or through RRARC at the owner’s/custodian’s expense.

(4) Any domestic animal without a valid, current rabies vaccination that bites a person shall either be surrendered for humane euthanasia and rabies testing or confined securely for a 10-day period and subject to the following:

(a) Such animal shall be confined at RRARC or a veterinary clinic unless there are special circumstances concerning the health of the unvaccinated animal that has bitten a person, then the RRARC Agent may use their discretion in ordering the place of confinement so long as that location does not allow the animal to be in contact with the general public;

(b) Such animal is also subject to all restrictions and requirements of subsections (A)(3)(c) through (g) of this section.

(5) Any skunk, bat, raccoon, coyote, bobcat or other wild mammal whether or not born or reared in captivity, with the exception of rodents (Order rodentia) or rabbits (Order lagomorpha), which bites or otherwise potentially exposes a person to rabies shall be immediately confined, and isolated, if possible to do so safely, and the bite reported immediately to the RRARC Agent. The RRARC Agent shall then deal with this animal pursuant to state law. Rabbits and rodents do not normally transmit rabies.

(’87 Code, § 11-5-4) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027; Am. Ord. 06-09; Am. Ord. 11-09; Am. Ord. 12-33; Am. Ord. 14-17; Am. Ord. 19-16; Am. Ord. 19-30) Penalty, see § 90.99

90.17 POTENTIALLY DANGEROUS, DANGEROUS, AND VICIOUS DOGS.

(A) Determination of status.

(1) The City Manager or her/his designee may find and declare a dog potentially dangerous, dangerous, or vicious if there is probable cause to believe that the dog falls within the definition of “vicious dog,” “dangerous dog” or “potentially dangerous dog” as defined in Section 90.02. The finding must be based upon:

(a) A written statement of a person who is willing to testify that the animal has acted in a manner which causes the dog to fall within the definition of “vicious dog,” “dangerous dog” or “potentially dangerous dog”; or

(b) A written report of the dog’s actions witnessed by any RRARC Agent or law enforcement officer which causes the dog to fall within the definition of “vicious dog,” “dangerous dog” or “potentially dangerous dog”; or

(2) The declaration shall be in writing and shall be served on the owner of the dog by an RRARC Agent or law enforcement officer through personal service, mailing to the owner’s last known address, or posting a notice on the property of the owner.

(3) The declaration shall contain the following information:

(a) Name and address of the owner of the dog.

(b) A description of the dog.

(d) The classification of the dog’s status as being either potentially dangerous, dangerous, or vicious as defined in Section 90.02.

(e) Facts upon which the declaration is based.

(f) All registration and handling requirements as well as any additional restrictions placed upon the dog.

(g) Justification for any additional restrictions imposed on the dog under subsection (B) of this section.

(h) Penalties for violation of the registration or handling requirements.

(i) Availability to appeal the declaration in accordance with Rule 1-074 NMRA.

(4) A dog shall not be declared a “potentially dangerous dog” or “dangerous dog” if:

(a) The dog was used by a law enforcement official for legitimate law enforcement purposes; or

(b) The threat, injury or damage was sustained by a person, domestic animal or livestock who was:

1. Trespassing upon premises occupied by the owner of the dog; or

2. Provoking, tormenting, abusing or assaulting the dog or had repeatedly, in the past, provoked, tormented, abused, or assaulted the dog; or

3. Committing or attempting to commit a crime.

1. Responding to pain or injury; or

2. Protecting itself or its offspring; or

3. Protecting or defending a human being or domestic animal from attack or assault.

(B) Handling requirements.

(1) Prior to receiving a certificate of registration for a “potentially dangerous dog,” the owner shall annually establish, to the satisfaction of the RRARC, the following:

(a) The owner is able to keep the dog under control at all times and comply with any restrictions that have been placed on the dog by RRARC; and

(b) The dog has a current city license; and

(d) The owner has a proper enclosure for the dog; and

(e) The owner has paid the annual fee to register a potentially dangerous dog; and

(f) The dog has been spayed or neutered; and

(g) The dog has been implanted with a microchip containing the current owner’s identification and the name of microchip manufacturer and microchip number has been provided to RRARC; and

(h) The dog owner has written permission of the property owner or homeowners’ association where the potentially dangerous dog will be kept, if applicable; and

(i) A clearly visible warning sign with a conspicuous warning symbol indicating that there is a dog on the premises.

(2) Prior to receiving a certificate of registration for a “dangerous dog,” the owner shall annually establish, to the satisfaction of the RRARC, the following:

(a) The owner is able to keep the dog under control at all times and comply with any restrictions that have been placed on the dog by RRARC; and

(b) The dog has a current city license; and

(d) The owner has a proper enclosure for the dog; and

(e) The owner has paid the annual fee to register a dangerous dog; and

(f) The dog has been spayed or neutered; and

(g) The dog has been implanted with a microchip containing the current owner’s identification and the name of microchip manufacturer and microchip number has been provided to RRARC; and

(h) The owner has provided written proof that the dog has entered and completed a socialization and behavior program approved or offered by RRARC; and

(i) The dog owner has written permission of the property owner or homeowners’ association where the dangerous dog will be kept, if applicable; and

(j) The dangerous dog will be maintained exclusively on owner’s property except for medical treatment or examination; and

(k) If the dangerous dog is removed from the owner’s property, the dog shall be caged or muzzled and restrained with a lead no longer than four feet. The dog shall be under complete control of the owner at all times; and

(l) The dangerous dog will not be transported in a vehicle that might allow the dog to escape or gain access to any person or animal outside the vehicle; and

(m) A clearly visible warning sign with a conspicuous warning symbol indicating that there is a dangerous dog on the premises is posted where the dog is kept and is visible from a public roadway or from 50 feet, whichever is less; and

(n) Provide to RRARC two color photographs of the dog which clearly show the color and approximate size of the dog; and

(o) The owner shall carry an insurance liability policy of no less than $300,000 to cover any consequences of the actions of the dangerous dog.

(3) There are no handling requirements or restrictions that will reasonably protect the health and safety of the community from a “vicious dog.” Therefore, it shall be unlawful to keep, possess, or harbor a “vicious dog” within the city limits.

(1) RRARC shall annually issue a certificate of registration to the owner of a “potentially dangerous dog” once the owner has complied with all of the handling requirements in subsection (B)(1) of this section.

(a) If a dog previously determined to be “potentially dangerous” has not exhibited any of the behaviors specified in the definition of a “potentially dangerous dog” as outlined in the city’s ordinances for 36 consecutive months, the owner may submit a written request to RRARC to lift the requirements for registration pursuant to this section. If RRARC has no reasonable basis to believe that the dog has exhibited the behaviors of a “potentially dangerous dog” within the past 36 months, RRARC shall relieve the owner of the requirements of this section.

(2) RRARC shall annually issue a certificate of registration to the owner of a “dangerous dog” once the owner has complied with all of the handling requirements in subsection (B)(2) of this section.

(a) If a dog previously determined to be “dangerous” has not exhibited any of the behaviors specified in the definition of a “dangerous dog” as outlined in the city’s ordinances for 60 consecutive months, the owner may submit a written request to RRARC to lift the requirements for registration pursuant to this section. If RRARC has no reasonable basis to believe that the dog has exhibited the behaviors of a “dangerous dog” within the past 60 months, RRARC shall relieve the owner of the requirements of this section.

(3) RRARC shall not issue a certificate of registration to the owner of a “vicious dog.” It is unlawful to keep, possess, or harbor a “vicious dog” within the city limits.

(D) Prohibited acts.

(1) It is unlawful for an owner of a dangerous or potentially dangerous dog to:

(a) Keep the dog without a valid certificate of registration.

(b) Fail to comply with the handling requirements for the dog pursuant to subsection (B) of this section.

(d) Fail to notify RRARC immediately if the dog causes an injury to a human being or a domestic animal.

(e) Fail to notify RRARC of the dog’s death within five business days.

(f) Fail to notify RRARC within 24 hours if the dog has been sold or given away and provide the name, address and telephone number of the new owner of the dog.

(g) Fail to comply with any court order regarding special handling or care requirements for the dog.

(2) It is unlawful to keep, possess, or harbor a “vicious dog” within the city limits.

(E) Appeals.

(1) Any person aggrieved by a decision to declare a dog “potentially dangerous,” “dangerous” or “vicious” pursuant to subsection (A) of this section may appeal the decision within 15 days to the District Court in accordance with Rule 1-074 NMRA.

(2) Any person aggrieved by a decision of the Rio Rancho Municipal Court pursuant to this section may appeal in accordance with the laws of the State of New Mexico.

(F) Seizure and impoundment. Any action for the seizure and impoundment of a dog shall be brought in a New Mexico state court with appropriate jurisdiction, and shall be done in accordance with the laws of the State of New Mexico.

(Ord. 19-16; Am. Ord. 19-30)

90.18 CONFINEMENT OF ANIMALS; RUNNING AT LARGE.

(A)(1) All persons owning or having charge, custody, or control of any animal shall keep the animal confined to his own premises.

(2) When animals are out of their premises, they must be under leash of not more than eight feet in length and under control of the owner or of his designee. If an owner is actively training an animal for the long recall, the animal may be on a longer leash during the time of the training session, so long as the owner maintains control of the animal. This provision shall not apply to dogs under their owners’ supervision in any city dog park.

(3) No person shall allow or permit an animal to defecate or urinate on public or private property other than the property of the owner of the animal unless such animal waste is immediately removed and properly disposed of by the person having custody of the animal.

(4) No owner or owner’s agent shall allow their animal to trespass on private or public premises.

(5) Any female animal in the stage of estrus (heat) shall be confined to a building or other secure enclosure, so that contact with a male animal will be prevented except for intentional breeding purposes. Owners who do not comply with this section may be required to place the animal in a boarding kennel or veterinary hospital at the owner’s expense.

(’87 Code, § 11-4-4) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055)

(B) No person shall, intentionally or unintentionally, allow or permit any animal to run at large. This provision shall not apply to dogs under their owners’ supervision in any city dog park.

(1) Fixed point attended restraint. An animal may be confined on a tether or on a leash when the owner or owner’s agent is outside, in the immediate vicinity of the animal, and the animal is within the owner’s or designee’s line of sight and the following conditions are met:

(a) The animal is over the age of six months; and

(b) The animal has easy access to adequate shade (a dog house does not constitute adequate shade) and potable water; and

(c) The restraint does not occur during times of extreme weather including but not limited to severe heat, severe cold, severe rain or severe wind; and

(d) The tether is fixed to a solidly anchored structure such as a swivel spike or post anchored into the ground and not to a moveable object such as a tire or other similar object. The post or spike must be fixed below ground level with a swivel protruding from the ground so that the tethered animal cannot become entangled on the spike or post; and

(e) The tether consists of a plastic-coated cable (a metal chain is not allowed); the minimum length must be at least three times the length of the animal from the tip of its nose to the distal end of its tail. In addition, the tether must not weigh more than one-tenth of the weight of the animal attached to the tether; and

(f) The tether is attached to the animal by means of a harness and the tether is secured by a swivel at each end; and

(g) The harness must be well-fitted so as not to cause sores or irritation to the skin of the animal; and

(h) The tether must be situated such that the animal is not allowed beyond the boundaries of the owner’s premises; and

(i) The area the animal has access to while tethered shall be free of hazards such as sharp edges, garbage, debris, other domestic animals, or other objects that the animal or tether could become entangled in, insect infestations (ant colonies, wasp nests, flea, tick, or maggot infestations). This area must be kept sanitary with feces being cleaned up regularly, but no less frequently than once a week to maintain sanitary conditions.

(2) Fixed point unattended restraint. Fixed point unattended restraint means (a) the animal is confined by a tether and the owner is not outside, or (b) animal is confined by a tether and the owner is not in the immediate vicinity of the animal, or (c) the animal is confined by a tether and is out of the line of sight of the owner. In this section, “owner” means the owner of the animal or the owner’s agent. Fixed point unattended restraint shall be considered lawful only if the restraint lasts less than 15 minutes and all of the following conditions are met:

(a) The animal is over the age of six months; and

(b) The animal has easy access to adequate shade (a dog house does not constitute adequate shade) and potable water; and

(c) The restraint does not occur during times of extreme weather including but not limited to severe heat, severe cold, severe rain or severe wind; and

(f) The tether is attached to the animal by means of a harness and the tether is secured by a swivel at each end; and

(g) The harness must be well-fitted so as not to cause sores or irritation to the skin of the animal; and

(h) The tether must be situated such that the animal is not allowed beyond the boundaries of the owner’s premises; and

(i) The animal shall be surrounded by a barrier sufficient to protect the animal from an at-large mammal which is likely to cause harm to the dog and sufficient to prevent children from accidentally coming into contact with the animal; and

(j) The animal shall not be confined more than six nonconsecutive 15-minute periods during any 24-hour period; and

(k) The animal shall not be a female in estrus (in heat); and

(l) The area the animal has access to while tethered shall be free of hazards such as sharp edges, garbage, debris, other animals, or other objects that the animal or tether could become entangled in, insect infestations (ant colonies, wasp nests, flea, tick, or maggot infestations). This area must be kept sanitary with feces being cleaned up regularly, but no less frequently than once a week to maintain sanitary conditions.

(D) A person may confine their animal to a trolley system under the following conditions:

(1) A trolley permit from RRARC shall be applied for and granted and the appropriate fees paid before the animal may be confined to the trolley; and

(2) Issuance of the permit requires prior inspection of the premises by RRARC; and

(3) Permits are not transferable between premises without permission from RRARC; and

(4) An RRARC Agent, at her/his discretion, may revoke a trolley permit. Reasons for revocation may include, but are not limited to, the failure of the owner to comply with all the requirements and limitations, harm or injury to the animal, excessive barking of the tethered animal; and

(5) The following are the minimum requirements for trolley system:

(a) Only dogs may be restrained with a trolley system; the dog must be over the age of six months; the dog may not be a female in estrus (in heat); only one dog may be tethered to each cable run; and

(b) The dog has easy access to adequate shade (a dog house does not constitute shade), shelter, food and potable water; and

(c) The restraint does not occur during times of extreme weather including but not limited to severe heat, severe cold, severe rain or severe wind; and

(d) The cable run is fixed to a solidly anchored structure such as a post, tree, part of a building, and not to a moveable object such as a tire or other similar object. The cable run must be at least 10 feet in length and mounted either at ground level or at least four feet above ground level. The cable run must have secure stops to keep the pulley from traveling to the anchored structure so the animal does not become entangled around the structure; and

(e) The tether consists of a plastic-coated cable (a metal chain is not allowed); the minimum length must be at least 10 feet. In addition, the tether must not weigh more than one-tenth of the weight of the dog attached to the tether but must be of adequate strength to restrain the dog. The tether must be attached to a cable run by a pulley and swivel; and

(f) The tether is attached to the animal by means of a harness by a swivel; and

(g) The harness must be well-fitted so as not to cause sores or irritation to the skin of the dog; and

(h) The trolley system must be situated such that the dog is not allowed beyond the boundaries of the owner’s premises; and

(i) The dog shall be surrounded by a barrier sufficient to protect the dog from an at-large mammal which is likely to cause harm to the dog and sufficient to prevent children from accidentally coming into contact with the dog; and

(j) The dog shall not be confined to the trolley system for more than 10 hours in any 24-hour period. As part of the application, the owner shall designate which 10 hours the dog is to be confined to the trolley system. Although the owner may request a modification of their application as it concerns the hours of confinement, to confine the dog to the trolley outside the designated hours is unlawful; and

(k) The device must be fastened so that the dog can sit, walk, and lie down comfortably, and must be unobstructed by objects and fencing that may cause the device or animal to become entangled or strangled; and

(l) The area the animal has access to while tethered shall be free of hazards such as sharp edges, garbage, debris or other objects that the animal or tether could become entangled in, insect infestations (ant colonies, wasp nests, flea, tick, or maggot infestations). This area must be kept sanitary with feces being cleaned up regularly, but no less frequently than once a week to maintain sanitary conditions.

(Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 97-002; Am. Ord. 03-027; Am. Ord. 06-09; Am. Ord. 11-09; Am. Ord. 19-30. Formerly 90.17) Penalty, see § 90.99

90.19 DOG AND CAT SPAY AND NEUTER REQUIREMENTS; INTACT ANIMAL PERMIT; DOG AND CAT LICENSES; TAGS.

(A) Spay and neuter requirements for cats. No person or animal organization may keep, harbor or maintain within the city limits any cat over five months of age that has not been sterilized (commonly known as spayed or neutered) unless the owner has obtained an intact animal permit. The intact animal permit may be issued with the following conditions:

(1) Medical exemption. The owner provides a signed statement from a licensed veterinarian, stating that the cat is medically unsuited to undergo the sterilization procedure, stating the specific medical grounds for the exemption. If the veterinarian’s statement establishes such medical condition is likely to be chronic or permanent, the medical exemption shall be a permanent exemption, but may be revoked upon evidence the cat has been bred since the date of the veterinarian’s statement, whether intentionally or unintentionally. All costs associated with acquiring the veterinarian’s statement of justification for the medical exemption shall be the responsibility of the cat’s owner.

(2) Temporary medical exemption. When a temporary medical condition contraindicates sterilization, the owner shall provide a signed statement from a licensed veterinarian, stating the expected date as to when the sterilization may be safely performed, which date shall be the expiration date of the temporary medical exemption. After the period of the temporary medical exemption, sterilization shall be required unless a licensed veterinarian provides another temporary medical exemption and prognosis of when the surgery may be performed. All costs associated with acquiring the veterinarian’s statement of justification for a temporary medical exemption shall be the responsibility of the cat’s owner.

(3) Competition/show exemption. A cat may be exempted from the sterilization requirement if it is a competition/show animal. A competition cat is a cat which is used to show or to compete in contests recognized and registered by an approved breed registry, such as the Cat Fanciers’ Association. Recognition of a breed registry is at the sole discretion of RRARC. In order for a cat to qualify for an exemption as a competition/show cat, the cat’s owner must also demonstrate satisfaction of at least one of the following requirements:

(a) The cat has competed in at least one show or competition sanctioned by the national registry or approved by RRARC within the last year.

(b) The owner of the cat is a member of a purebred breed club recognized by RRARC, which maintains and enforces a code of ethics for breeding that includes restrictions on breeding animals with genetic defects and other veterinary problems that commonly threaten the breed.

(c) An owner with an intact animal permit shall not allow any breeding of the cat prior to obtaining a conditional use permit from the Planning and Zoning Board for the purpose of obtaining a hobby breeder permit. If the cat is bred prior to its owner obtaining a hobby breeder permit, the owner may be cited.

(B) Spay and neuter requirements for dogs. No person or animal organization may keep, harbor or maintain within the city limits any dog over six months of age that has not been sterilized (commonly known as spayed or neutered) unless the owner has obtained an intact animal permit. The intact animal permit may be issued with the following conditions:

(1) Medical exemption. The owner provides a signed statement from a licensed veterinarian, stating that the dog is medically unsuited to undergo the sterilization procedure, stating the specific medical grounds for the exemption. If the veterinarian’s statement establishes such medical condition is likely to be chronic or permanent, the medical exemption shall be a permanent exemption, but may be revoked upon evidence the dog has been bred since the date of the veterinarian’s statement, whether intentionally or unintentionally. All costs associated with acquiring the veterinarian’s statement of justification for the medical exemption shall be the responsibility of the dog’s owner.

(3) Competition/show exemption. A dog may be exempted from the sterilization requirement if it is a competition/show animal. A competition dog is a dog which is used to show or to compete in contests recognized and registered by an approved breed registry, such as the American Kennel Club (AKC), United Kennel Club (UKC), or American Dog Breeders Association (ADBA). Recognition of a breed registry is at the sole discretion of RRARC. In order for a dog to qualify for an exemption as a competition/show dog, the dog’s owner must also demonstrate satisfaction of at least one of the following requirements:

(a) The dog has competed in at least one show or competition sanctioned by the national registry or approved by RRARC within the last year.

(b) The owner of the dog is a member of a purebred breed club recognized by RRARC, which maintains and enforces a code of ethics for breeding that includes restrictions on breeding animals with genetic defects and other veterinary problems that commonly threaten the breed.

(c) An owner with an intact animal permit shall not allow any breeding of the dog prior to obtaining a conditional use permit from the Planning and Zoning Board for the purpose of obtaining a hobby breeder permit. If the dog is bred prior to its owner obtaining a hobby breeder permit, the owner may be cited.

(4) Function-bred exemption. Function-bred means any dog bred for a specific purpose and used by the breeder for a specific purpose such as hunting, herding, coursing, agility, retrieving, scent tracking, or pointing. These dogs may be of the sporting breeds or function-bred dog either of a registered pedigreed lineage or crossbred with a nonregistered pedigreed lineage for which the animal is bred specifically for its stated sport or functional purpose including but not limited to coursing hounds, sporting dogs, search and rescue dogs, sled dogs and scent hounds. In addition, one of the following requirements must be met:

(a) The dog owner must be able to produce a pedigree showing the dog’s lineage for at least five years.

(b) The dog owner must be able to produce photographic evidence of participation in the activity for which the dog is bred.

(c) The dog owner must produce other evidence as required by RRARC on a case-by-case basis. This evidence may include but is not limited to the possession of the proper equipment used for the work or sport the dog is bred for.

(C) Licensing of dogs required. Any person keeping, harboring or maintaining any dog over six months of age within the city shall obtain a license from the RRARC for each dog. The RRARC shall keep a record of all licenses issued, and shall issue a tag for each license granted. Proof of sterilization and current rabies vaccination certificate shall be presented at the time of the application for the license for an altered dog. Proof of an intact animal permit and current rabies vaccination certification shall be presented to purchase an unaltered license. Licenses shall be issued annually, or in a three-year increment, and shall be renewable during the anniversary month of the originally issued license, and shall expire on the last day of the anniversary month.

(D) Licensing of cats required. Any person keeping, harboring or maintaining any cat over five months of age within the city shall obtain a license from the RRARC for each cat. The RRARC shall keep a record of all licenses issued and shall issue a tag for each license granted. Proof of sterilization and current rabies vaccination certificate shall be presented at the time of application for the license for an altered cat. Proof of an intact animal permit and current rabies vaccination certificate shall be presented to purchase an unaltered license. Licenses shall be issued annually, or in a three-year increment, and shall be renewable during the anniversary month of the originally issued license, and shall expire on the last day of the anniversary month.

(E) Affixing tags. A current license tag shall be affixed to the licensed animal at all times in a reasonable manner.

(F) License fees. The RRARC may charge a higher license fee for a dog or cat that has not been spayed or neutered, unless the owner presents a signed statement from a licensed veterinarian stating that spaying or neutering would be a surgical risk for the animal, due to the animal’s age or condition.

(G) Fees. Fees for licenses issued under this section shall be as set forth by city ordinance or resolution.

(H) Exemptions. A dog or cat or owner shall be exempt from the requirements of this section if any of the following conditions applies:

(1) The dog or cat belongs to a nonresident who keeps the animal within the city for no longer than 90 consecutive days;

(2) The animal is a bona fide guide or service animal for disabled persons and the animal has been certified by an approved agency (approved by RRARC); or

(3) The animal is a government owned animal such as police or military working dogs.

(I) Rules and regulations. The RRARC shall issue such rules and regulations necessary to implement this section.

(J) Other unlawful actions concerning tags.

(1) No person shall remove or transfer any license tag from one animal to another.

(2) No person shall manufacture or cause to be manufactured or to have in his possession or under his control a stolen, counterfeit or forged animal license tag, rabies vaccination certificate, or other form of licensing required under this section.

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

90.20 NUMBER OF ANIMALS PERMITTED.

(A)(1) Except as otherwise provided, no household or business other than properly licensed businesses may own or harbor more than five dogs, cats, pygmy goats, or rabbits in any combination more than six months in age.

(2) Except for dogs, cats, pygmy goats, and rabbits, all other animals allowed under Chapters 90 and 116 shall be excluded from the limit in subsection (A)(1) of this section, provided these animals do not create a nuisance as applied or otherwise endanger the health, safety and welfare of the inhabitants of the city.

(’87 Code, § 11-4-6)

(B) Any owner who intentionally or unintentionally breeds dogs, cats, guinea pigs, chinchillas, sugar gliders or rabbits and who does not have a current hobby breeder’s permit shall be cited by the RRARC and shall be subject to a fine of $100 for each litter. Any future breeding of that animal or any animal will require a hobby breeder’s permit. Owners of dogs and cats who intend to breed must be in compliance with Section 90.19 to be eligible to apply for a hobby breeder permit.

(’87 Code, § 11-4-8)

(C) No person or unregistered animal organization shall adopt, sell, give away or transfer ownership of an animal in the parking lot of or areas adjacent to any place of business, on a public roadway, or right-of-way.

(D) Registered animal organizations may adopt animals on the property owned by a business if the following conditions are met:

(1) The animal organization has registered with RRARC.

(2) The animal organization has obtained permission from the place of business prior to the adoption event.

(3) The animal organization has obtained any and all permits required by other city agencies or departments in advance of the adoption event.

(4) The animals are provided with adequate shade and potable water during the event. Animals requiring feeding during the event are provided with sufficient food.

(5) Adoption events may not be held outside during times of severe weather.

(6) The adoption events may not be held on any public roadway or right-of-way.

(E) No person or animal organization shall sell, transfer or adopt a dog or cat under the age of eight weeks, or a guinea pig, hamster or rabbit under the age of four weeks. Any animal shall be fully weaned and eating on their own to sufficiently maintain proper body condition prior to being offered for sale, transfer or adoption. Nothing in this section shall prohibit the transfer of animals between animal shelters and animal rescues.

(F) No person shall offer a mammal or avian (bird) as a prize, giveaway or award for a contest, game, raffle, or sport or as an incentive to purchase merchandise.

(G) A show breeder shall be exempt from the five-animal limit, but shall be limited to 12 animals. In order to be considered a show breeder under this section, the animal owner shall obtain a show breeder registration from RRARC, by demonstrating that he or she has been registered in American Kennel Club (AKC) events in the past three years. Submitting a copy of an AKC show catalog shall constitute proof of AKC registration. Show breeder registration shall be good for one year from the date of issue.

(Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027; Am. Ord. 06-09; Am. Ord. 11-09; Am. Ord. 12-33; Am. Ord. 14-17; Am. Ord. 16-15; Am. Ord. 19-30. Formerly 90.19) Penalty, see § 90.99

90.21 TRANSPORTATION REQUIREMENTS.

(A) No person shall transport any animal in or upon any vehicle in a cruel, inhumane or unsafe manner.

(B) Animals traveling in the open bed of trucks.

(1) Animals transported in the bed of a truck shall be crated or restrained so they cannot fall or jump from the truck; and

(2) While the truck is parked, the animal shall be provided with sufficient shade from the sun; and

(3) Animals shall not be transported in the open bed of a truck during extreme weather including but not limited to severe heat, severe cold, severe rain or severe wind. No person shall leave an animal in the open bed of a truck during times of severe heat so that the health or well being of the animal is endangered. Whether or not the animal’s health or well being has been endangered would be the judgment of the RRARC Agent.

(1) It shall be unlawful for any person to place or confine an animal or allow an animal to be placed or confined in a motor vehicle for such duration or at such temperatures as to endanger the health or well being of such animal.

(2) If in the judgment of a police officer or RRARC Agent, the health or well being of the animal is being compromised by the confinement to the vehicle, after making a reasonable effort to find the driver of the vehicle, the officer/agent may use the least intrusive means to enter the vehicle. The city will have no liability for damage to the vehicle caused by such entry.

(3) Upon removal of the animal from the vehicle, the police officer or RRARC Agent shall impound the animal and leave in a prominent place on the motor vehicle a written notice of the animal’s impoundment, a brief description of the animal, and where and when the animal may be reclaimed. The owner will be responsible for any and all costs associated with the care and housing of the animal. The officer/agent may also issue a citation for the violation of this section.

(’87 Code, § 11-5-3) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 97-002; Am. Ord. 11-09; Am. Ord. 19-30. Formerly 90.20) Penalty, see § 90.99

90.22 ANIMALS DISTURBING THE PEACE.

(A)(1) No person shall allow any animal to persistently or continuously bark, howl or make noise common to their species, or otherwise unreasonably disturb the peace and quiet of the inhabitants of the city. This section does not differentiate from any particular time frame of the day or night, nor does it discriminate if the owner or keeper is at the premises or not. Reasonable barking or noise that is common under normal circumstances is not to be considered as disturbing the peace under this section.

(2) No person shall keep or maintain any animal in a manner as to disturb by noxious or offensive odors, or otherwise endanger the health, safety and welfare of the inhabitants of the city.

(3) RRARC Agents and all police officers shall have authority to enforce this section and may issue a citation for violation of this section. Notice shall include the name, address and phone number of the complainant and all witnesses to the violation of this section. If the violation is witnessed by a police officer or RRARC Agent, that officer/agent shall become the complainant and the officer’s name shall appear as the witness.

(’87 Code, § 11-5-5)

(B) The City Manager or her/his designee shall designate which parks are dog parks and are dog-friendly parks as well as those parks in which animals are prohibited. Dogs may be unleashed once they are within the confines of a dog park, but must remain on a leash in the dog-friendly parks.

(’87 Code, § 11-5-6)

(C) Any female animal in the stage of estrus (heat) shall be confined to a building or other secure enclosure, so that contact with a male animal will be prevented except for intentional breeding purposes. Owners who do not comply with this section may be required to place the animal in a boarding kennel or veterinary hospital at the owner’s expense. (’87 Code, § 11-5-7)

(Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 97-002; Am. Ord. 03-027; Am. Ord. 11-09; Am. Ord. 19-30. Formerly 90.21) Penalty, see § 90.99

Cross-reference:

Parks and open spaces: pets and animals, see § 94.05

90.23 ANIMALS ASSISTING THE DISABLED.

A trained guide, hearing or service animal shall be admitted to any building open to the public and to all public accommodations such as restaurants, hotels, hospitals, swimming pools, stores, common carriers and theaters; provided, that the trained service animal is under the control of a person with a disability or a trainer of assistance animals. No person shall be required to pay any additional charges for his/her qualified assistance animal, but shall be liable for any damage done by his/her qualified assistance animal.

(’87 Code, § 11-5-9) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 11-09; Am. Ord. 19-30. Formerly 90.22) Penalty, see § 90.99

90.24 CRUELTY, NEGLECT OR ABANDONMENT PROHIBITED.

(A) Cruelty to animals consists of a person negligently mistreating, injuring, killing without lawful justification or tormenting an animal, or abandoning or failing to provide necessary sustenance to an animal under that person’s custody or control.

(B) Examples of unlawful acts or failure to act which may also be considered animal cruelty include but are not limited to:

(1) Any attempt to drown or suffocate an animal.

(2) Allowing a collar, rope or chain to become embedded into or cause injury to an animal’s neck.

(3) Leaving an animal unsupervised while the animal is wearing a choke or pinch collar.

(4) Intentionally allowing animals to engage in a fight.

(5) Allowing a dog, cat or other pet to be left outside in inclement weather or extreme temperature without adequate shelter.

(6) Allowing animals to live in unsanitary conditions.

(7) Permitting any exhibit, function or activity where animals are being cruelly treated or animals run the risk of causing injury to the public or to themselves.

(8) To willfully kill any bird or to molest or rob the nest of a bird.

(D) No person shall abandon any animal in the city.

(E) No person shall tease or taunt any animal with the intent, purpose or effect of provoking a reaction from the animal.

(F) No person shall use a prod, stick, electrical shock, chemical agent, physical force, starvation, pain or discomfort on an animal in order to make it perform for entertainment.

(G) Generally accepted methods of animal training that do not cause undue physical and emotional suffering, including the training of livestock, companion animals, guard dogs, hunting dogs, police dogs and service animals, do not constitute cruelty unless excessive force is used during the application of these methods. Designation of the presence of excessive force is at the discretion of the RRARC Agent.

(H) No person shall fail, refuse or neglect to provide to any animal in his charge or custody, as owner or otherwise, proper food, fresh water, shade and shelter. Shelter such as a dog house does not constitute shade.

(1) Food shall be adequately supplied at a frequency, not less than every 24 hours, to ensure the wholesomeness and palatability of the food to the animal.

(2) Clean fresh water shall be available at all times.

(3) The animal shall be groomed in a manner and at a frequency as to preclude the development of disease or injury related to poor grooming.

(4) Any animal habitually kept outside shall be provided with a structurally sound enclosure, large enough to accommodate the animal and suitable for that species. The enclosure shall be large enough to allow for exercise and normal movement of the animal(s). Within the enclosure shall be a weatherproof shelter that is appropriate for the size and species of that animal.

(5) Examples of inadequate shelter include but are not limited to:

(a) Underneath outside steps, decks, stoops, houses unless deemed appropriate by the RRARC Agent.

(b) Inside or underneath motor vehicles.

(d) Inside temporary animal carriers or crates.

(e) Shelters located in flood prone areas.

(f) Shelters surrounded by debris, obstructions or impediments that may endanger an animal.

(I) No person shall fail, refuse or neglect to provide proper veterinary care to any animal in his or her charge or custody in the event that the animal is suffering from an illness or injury when in the judgment of the RRARC Agent veterinary care is needed.

(J) Rodeos, livestock exhibitions and competitions, equine exhibitions and equine competitions and other related livestock type shows shall comply with all animal care and welfare requirements of the Professional Rodeo Cowboys Association or other such relevant sanctioning bodies while within the city limits. This includes all activities associated with the show, exhibition, and competition from the initial set-up through the dismantling and closing of the event.

(K)(1) Whenever the RRARC Agent finds that any animal is without proper care because (a) the owner or person responsible for the animal failed to provide care for that animal, or (b) of the failure of the owner or person responsible for the animal to make provisions for the care of the animal in the event of injury, illness, incarceration, or (c) of the absence of the owner or person responsible for the care of the animal, the RRARC Agent may take up the animal for protective care. In the event of sickness or injury of the animal, upon the advice of a licensed veterinarian, after a reasonable effort to provide notice to the owner and an opportunity for the owner to respond, the RRARC Agent may take action as called for to prevent or relieve pain and suffering, including humane euthanasia of the animal. In the event that the animal is in severe distress in the opinion of a licensed veterinarian or the RRARC Agent, the RRARC Agent may have the animal humanely euthanized immediately if the owner is not readily available for notification by the RRARC Agent.

(2) In addition to any other remedy or action permitted under this ordinance or by law, whenever an RRARC Agent has probable cause to believe an animal has been subject to cruelty or may be in imminent danger of cruelty:

(a) The RRARC Agent may remove that animal and take it into protective custody. As soon as practicable following such removal, the RRARC Agent shall notify the owner (or make such effort to notify to the owner as may be reasonable under the circumstances); and

(b) If the RRARC Agent reasonably believes that the life or health of other animals at the same premises is endangered by cruel treatment under the circumstances, the RRARC Agent may apply to a court of competent jurisdiction for a warrant to seize such other animals pursuant to NMSA 1978 Section 30-18-1.1.

(3) All costs for boarding and/or medical care incurred by the city for an animal seized or removed under this section shall be the responsibility of the animal’s owner.

(4) Nothing in this section shall be construed to preclude a charge or conviction for extreme cruelty under state law.

(5) Nothing in this section shall be construed to preclude petition for indemnification for the disposition of seized animals which is allowed under state law. (NMSA 1978 Section 30-18-1.2)

(L) The following shall be exempt from the requirements of this section:

(1) This section shall not be construed to include veterinary care providers in the normal course of business.

(2) Killing does not include humane euthanasia performed by a veterinarian, licensed euthanasia technician, employee of RRARC, or the performance of emergency field euthanasia as defined by the rules and regulations of the NM Animal Sheltering Board.

(3) Killing a bird, if such bird is poultry owned by that person and will be used for food.

(4) Killing a rabbit, if such rabbit is owned by that person and will be used for food.

(5) Actions of a licensed exterminator in performance of his/her occupational duties so long as companion animals are not harmed by exposure to the poisonous substances.

(6) The poisoning of pests such as mice and other rodents within a person’s own enclosed structures.

(7) The taking of animals by a governmental entity or agent of a governmental entity for zoonosis or disease management.

(8) Hunting and fishing, as long as done lawfully under city and state ordinances, are not considered cruelty.

(9) Nothing in this section is to be construed to prohibit or restrict commonly accepted practice and training methods of avian husbandry, wildlife rescue or falconry.

(’87 Code, § 11-6-4)(Ord. 81-9; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 06-09; Am. Ord. 11-09; Am. Ord. 14-17; Am. Ord. 19-30. Formerly 90.23) Penalty, see § 90.99

90.25 INJURY BY MOTOR VEHICLES.

(A) Every operator of a motor vehicle or other self-propelled vehicle upon the streets and ways of the city shall immediately, upon hitting, striking, maiming or running down any domestic animal, give aid as is reasonable and safe to render. In the absence of the owner, he shall immediately notify the RRARC, Police Department or other appropriate authority, furnishing sufficient facts relative to the injury including the operator’s name, address and phone number. It is the duty of the operator to remain at or near the scene for a reasonable length of time, or until the time as the appropriate authorities arrive. If the operator has to leave the scene and the animal is dead, the operator shall give the operator’s name, address, and other relevant information as requested, to the RRARC, Police Department or other appropriate authority. Alternatively, in the absence of the owner, a person may give aid by taking the animal to the animal hospital or to an animal control center and notifying the RRARC. Emergency vehicles in the course of their duty are excluded from this provision with the exception of reporting the incident.

(B) No person shall intentionally strike an animal with a motor vehicle or self-propelled vehicle.

(’87 Code, § 11-6-5) (Ord. 81-9; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 03-027; Am. Ord. 11-09; Am. Ord. 19-30. Formerly 90.24)

90.26 ANIMAL FIGHTS PROHIBITED.

(A) No person shall promote, stage, hold, manage, conduct, carry on, place a bet or wager on, or attend any game, exhibition or contest in which one or more animals are engaged for the purpose of injuring, killing, maiming or destroying themselves or any animal.

(B) No person shall sell, receive, possess, transport, transfer, loan or give away any animal fighting paraphernalia.

(C) No person shall raise, train, condition, sell, offer for sale, transfer, receive, possess, transport, loan or give away animals for fighting purposes regardless of where such fighting occurs.

(D) No person shall provoke or entice an animal from the property of its owner for the purpose of engaging the animal in an animal fight.

(E) No person shall possess or use any domestic animal or wild animal as a bait animal.

(’87 Code, § 11-6-7) (Ord. 81-9; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 11-09; Am. Ord. 19-30) Penalty, see § 90.99

90.27 WILD OR EXOTIC ANIMALS.

(A)(1) Unless otherwise authorized, no person shall keep an animal of a species protected by Title 50 CFR 17.11 or by the laws of the NMSA Sections 17-2-3 and 17-3-32, and NMAC 19.35.7.

(2) No person shall keep an animal which is wild, dangerous, noxious or naturally inclined to do harm, except in a facility licensed by the state and/or federal government or approved by the city or pursuant to the conditions of a wild or exotic animal license. Adequate protection devices shall be provided to prevent any animals from escaping or injuring the public. Any changes in the state or federal permit(s), animal(s), or premises must be reported immediately to RRARC.

(3) Notwithstanding any provisions of this chapter to the contrary, no person shall keep wild or exotic animals in a manner as to constitute a likelihood of harm to the animals themselves or to other animals or to human beings or to the property of human beings, or which constitutes a public or private nuisance.

(’87 Code, § 11-7-1)

(B)(1) Except as otherwise provided, no person shall receive, own or keep wild or exotic animals, except those which are listed in subsection (B)(5) of this section, within the limits of the city, without first applying for and receiving from the RRARC a wild and/or exotic animal permit. If approved, the permit will be for a period of one year from the date of issuance.

(2) The applicant must provide evidence of all applicable, federal and state permits and of knowledge and facilities for the care and feeding of the animals involved. The RRARC Agent is permitted to enter the premises of permittee hereunder at a reasonable time for the purpose of inspection or reinspection to determine compliance with this chapter. Prior to approval, the requirements and/or conditions set forth herein must be met.

(3) The City Manager or her/his designee may deny, revoke or suspend a permit for failure to comply with this chapter or the conditions set forth in the animal control inspection report.

(4) The owner or custodian shall pay an initial and annual permit fee and arrange for an annual inspection by RRARC. The issuance of the annual permit is contingent upon a completed, satisfactory inspection.

(5) The following animals are not subject to this section:

(a) Exotic birds such as parakeets, finches, love birds and cockatiels;

(b) All legally allowed exotic fish; and

(6) The holder of a wild and/or exotic animal permit must notify the RRARC of any additions or reduction in the number of wild and/or exotic animals maintained by the owner under the permit issued pursuant to this section.

(7) Permits issued under this section are not transferrable.

(C) Release of exotic animals from captivity. No person shall release from captivity an imported or exotic animal without first complying with the provisions of NMAC 19.35.7.19. The transfer of an imported animal from one person to another person does not constitute a release from captivity.

(’87 Code, § 11-7-2)

(Ord. 81-9; Am. Ord. 91-040; Am. Ord. 94-003; Am. Ord. 95-055; Am. Ord. 11-09; Am. Ord. 14-17; Am. Ord. 19-30. Formerly 90.28) Penalty, see § 90.99

90.28 DEAD ANIMALS.

(A) Within 24 hours of death of an animal, the owner shall dispose of the carcass by burial at least four feet underground in a suitable location or by other means approved by the RRARC Agent.

(B) The RRARC Agent is authorized to pick up and dispose of all dead animals immediately upon discovery.

(’87 Code, § 11-8-1) (Ord. 81-9; Am. Ord. 85-143; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 11-09; Am. Ord. 12-33; Am. Ord. 19-30. Formerly 90.29)

90.29 DOMESTIC LIVESTOCK.

(A) Except for chickens and animals that may be permitted by Title XV of this code, no person shall keep any domestic livestock or domestic fowl within the city.

(B) Permits for domestic livestock will remain valid until the permit expires.

(1) No more than seven female and immature male chickens may be owned, housed and kept within the city only on lots of at least one-half acre in an E-1: Estate Residential zone district or on lots of at least one-half acre in a R-1: Single-Family zone district.

(2) No rooster or male chicken mature enough to crow or otherwise disturb the peace shall be kept within the city.

(3) No gamecock or chickens of the breeds commonly used for cock-fighting shall be owned, kept or bred within the city. Allowed breeds are at the discretion of RRARC.

(4) Chickens permitted by this chapter shall be housed in outdoor species-appropriate housing.

(5) Secure enclosures which protect the chickens from predators and allow for species specific behaviors including but not limited to roosting, scratching, dusting, and nesting are required and shall be constructed prior to acquisition of the chickens. Roosting areas shall provide no less than two square feet per bird. Enclosures shall only be permitted within rear yards, as defined in Chapter 154, Planning and Zoning, and be set back 15 feet from any property line.

(6) The secure enclosures shall be equipped with adequate shade as well as species-appropriate shelter.

(7) Chickens shall be provided with constant access to potable water in sufficient amount as to maintain good health.

(8) Chickens shall be provided with uncontaminated, edible, nutritious species and age appropriate food which is of adequate quantity as to maintain the normal weight and condition of a healthy chicken. In addition the amount and type of food provided shall properly conform to the individual’s age and health condition.

(9) An owner of chickens shall provide them with regular basic husbandry care as well as routine and emergency veterinary care as to maintain good health.

(D) Other permitted livestock.

(1) Goats, including pygmy or Nigerian dwarf goats, may be kept within the city under the conditions set forth in this subsection (D).

(2) Goats, including pygmy or Nigerian dwarf goats, may be maintained in the city only on residential lots of at least one acre in an E-1 zone.

(3) In addition to allowances set forth in subsection (D)(2) of this section, pygmy or Nigerian dwarf goats may be owned, housed and kept within a R-1: Single-Family zone district provided all goats kept in the R-1 district are dehorned and male goats neutered.

(4) No more than three goats, including pygmy or Nigerian dwarf goats, may be maintained on any one lot, or contiguous lots under unified ownership.

(5) Secure enclosures which protect the goats from predators and allow for species specific behaviors are required and shall be constructed prior to acquisition of such goats.

(6) Adequate shade shall be provided for such goats.

(7) Goats shall be provided with constant access to potable water in sufficient amount as to maintain good health.

(8) Goats shall be provided with uncontaminated, edible, nutritious species and age appropriate food which is of adequate quantity as to maintain normal weight. In addition the amount and type of food provided shall properly conform to the individual’s age and health condition.

(9) An owner of goats shall provide them with regular basic husbandry care as well as routine and emergency veterinary care as to maintain good health.

(10) Areas devoted to goats, including accessory buildings or structures, shall be constructed and maintained to discourage concentration and breeding of insect pests.

(E) Livestock not to run at large; trespass. Livestock shall not be permitted to run at large within the city limits of Rio Rancho, or to trespass upon the cultivated fields and gardens of any person. No owners of any property trespassed upon as mentioned in this section shall be liable for the injury, death or loss of any livestock resulting during expulsion from or impounding upon his property of the livestock actually trespassing.

(’87 Code, § 11-9-1) (Ord. 81-9; Am. Ord. 85-143; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 11-09; Am. Ord. 14-17; Am. Ord. 16-15; Am. Ord. 19-30. Formerly 90.30) Penalty, see § 90.99

90.30 LIVE ANIMAL EXHIBITIONS.

(A)(1) A traveling show that involves inherently dangerous wild animal(s) as defined below shall acquire a permit in advance of the date of the show and shall meet the following requirements. For purposes of this chapter, “traveling show” means any mobile or stationary act, circus, public show, trade show, photographic opportunity, carnival, city or county fair, agricultural fair, ride, parade, race, performance, or similar undertaking in which inherently dangerous wild animals do not permanently reside or that moves inherently dangerous wild animals from location to location, but not including a person that keeps inherently dangerous wild animals at a permanent site and is transporting the animals for the purpose of medical services needed for the animals.

(2) “Inherently dangerous wild animal” means any mammal, avian, amphibian, or reptile which the owner knows or reasonably should know has a propensity, tendency, or disposition to attack, cause injury, or otherwise endanger the safety of the public or other domestic animals. This definition includes but is not limited to elephants, wild cats, nonhuman primates, bears, wolves, alligators, crocodiles, and venomous species.

(B) The required actions or document submittals described in this section shall be satisfied by applicant(s) at least two weeks prior to issuance of a permit. In the event a permit is issued, failure to maintain these requirements during the permitted activity will be cause for revocation of the permit. Where documents are required below, written copies must be provided to the RRARC and retained by RRARC for the duration of the permitted activity.

(1) If the exhibition or display is on city owned property or is sponsored by the city, at a minimum, the applicant shall agree to indemnify and defend the city, and to provide liability insurance with an insurer authorized or approved to write such insurance in New Mexico, that covers claims for injury or damage to persons or property in an amount of not less than $2,000,000 per occurrence, and which names the city as an additional insured. A certificate of insurance showing the required coverage must be provided.

(2) Maintain and allow inspection of a written plan for the quick and safe recapture or destruction of an inherently dangerous wild animal in the event an animal escapes. The plan must include but not be limited to:

(a) The applicant’s written protocols for training their staff on methods of safe recapture of an escaped wild animal; and

(b) A description of barriers, security, signage, staffing, fencing, protocols and other measures taken for the public’s safety; and

(d) Immediate access to appropriate chemical immobilization drugs and equipment; and

(e) Identification of staff member(s) (and as appropriate, veterinarians) who possess firearm and chemical immobilization proficiency to recapture an escaped wild animal. These personnel must be immediately available at all times that the wild animals are present within the city limits.

(3) Allow inspection of all health records for all animals.

(4) Shall produce a plan for providing emergency veterinary care in a timely fashion including names and contact information of available on-call veterinarians, if none are present on site.

(5) Produce a copy of and maintain a valid resident or nonresident permit, as applicable, with the New Mexico Fish and Game Department, for the duration of the permitted activity.

(6) Be in compliance with applicable federal and New Mexico law and city ordinances in handling inherently dangerous wild animals for the duration of the permitted activity.

(7) Applicant agrees under penalty of false statement that the information submitted with this application is true, correct and complete.

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

IMPOUNDING PROCEDURES

90.45 PROCEDURE; DUTIES.

(A) It shall be the duty of the RRARC Agents to take into custody and impound or cause to be impounded any stray animals found in the city, or to return those stray animals to the owners after properly validating ownership.

(B) As soon as practicable after the date of impoundment, the RRARC Agent shall notify the owner of the impoundment. If the owner of the animal is not known, or if his address cannot be determined, the RRARC shall maintain a log of all animals impounded, whereby a person calling the RRARC may obtain information as to any animals impounded, the date of impoundment, and the location from which the animal was taken. Notice either by mail or by posting is intended to provide legal notice.

(’87 Code, § 11-3-1) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027; Am. Ord. 11-09; Am. Ord. 14-17; Am. Ord. 19-30)

90.46 STRAYS; NOTICE REQUIRED.

(A) No person shall hold or possess any unidentified or unclaimed animal of which he is not the owner for more than 24 hours, excluding Sunday and holidays, without first reporting the possession to the RRARC. The person may surrender the animal to RRARC within the first seven days and not be considered the owner or after seven days, the person becomes legal owner of the animal subject to third party claims.

(B) No person shall fail to make the report required in subsection (A) of this section and no person shall fail or refuse to immediately surrender the animal to an RRARC Agent upon demand thereof.

(C)(1) If any stray is wearing a license, has a microchip or bears other identification as defined in Section 90.02, the animal shall be confined at an appropriate animal center, pending notification of owner or authorized agent, for a period of seven days. The day the stray animal is impounded constitutes day zero. Upon notification, an owner must redeem the animal within 24 hours. Failure to redeem the animal shall result in impound fees in addition to any other costs, unless the owner’s failure to pick up the animal is due to circumstances beyond the owner’s control. Impound fees and other costs may be charged to the owner whether or not the animal is claimed. Failure to redeem the animal within seven days of impound shall be deemed as abandonment of the animal and disposition of the animal may be made in accordance with Section 90.48. Additionally, the owner of the animal may be cited for abandonment at the discretion of an RRARC Agent.

(2) If a stray is not licensed and there is no proof the animal has received a rabies vaccination, the RRARC will provide a rabies vaccine upon impound. Should the animal be reclaimed, the cost of the rabies vaccination and license will be paid by the owner. The RRARC may cite the owner for failing to vaccinate the animal for rabies if no proof can be provided.

(3) In the case of a stray that is not sterilized, the owner shall:

(a) Pay a deposit of $175. Such deposit shall be returned if the owner sterilizes the animal within 30 days and provides proof thereof to the city; or

(b) Pay for an intact animal permit if the conditions of Section 90.19(A) or (B) are met; or

(4) Notwithstanding anything to the contrary herein, the owner of any impounded animal may be cited for the violation that caused the impound.

(5) Upon reclaiming the animal, the owner shall abide by the licensing requirement of the city.

(D) An owner redeeming an unaltered dog or cat shall:

(1) Pay the sterilization deposit and impoundment fees imposed by RRARC and sign an agreement stating that the owner shall have the animal sterilized by a veterinarian within 30 days after release. (The sterilization deposit shall be refunded upon presentation by the owner of a receipt from a veterinarian and shall not be refunded if not complied with by date given and is a citable offense); or

(2) Purchase an intact animal permit. When a dog or cat which has not been spayed or neutered is taken into custody by RRARC, it shall require, as a condition to release the dog or cat to its owner, that the owner, in addition to payment of applicable impound fees and intact animal license, obtain an intact animal permit if it qualifies with requirements specified in Section 90.19. Dogs or cats for which an intact animal permit has been issued are subject to the following conditions:

(a) The dog/cat must have a current rabies vaccination administered by a licensed veterinarian.

(b) The dog/cat must be restrained properly and have no more than one violation of Section 90.18(B) within a year of the issuance of an intact animal permit.

1. If the dog/cat is taken into custody by the RRARC at any time after the expiration of one year from date of issuance of the intact animal permit, and the owner has not been previously cited for violation of Section 90.18(B) within that one-year period, the owner will be required to purchase another intact animal permit.

2. If the dog/cat is found to be in violation of Section 90.18(B) within one year from date of issuance of the intact animal permit, the owner will be required to submit a completed application for a hobby breeder’s permit to the Planning and Zoning Board within seven working days or have the pet sterilized within seven working days.

(c) The owner of the dog or cat shall not allow any breeding of the dog or cat prior to obtaining a conditional use permit packet from the Planning and Zoning Board for the purpose of obtaining a hobby breeder’s permit.

(’87 Code, § 11-3-2) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027; Am. Ord. 11-09; Am. Ord. 12-33; Am. Ord. 13-11; Am. Ord. 14-17; Am. Ord. 17-11; Am. Ord. 19-30)

90.47 APPROPRIATE FEES; RECORDS.

(A)(1) Fees required for redemption from impoundment shall be set forth from time to time by ordinance or resolution.

(2) Fees required for adoption of an impounded animal shall be set forth from time to time by ordinance or resolution.

(3) Additional fees for special handling of animals suspected of rabies shall be set forth from time to time by ordinance or resolution.

(’87 Code, § 11-3-3)

(4) In the case in which an animal has been cruelly treated, RRARC may petition the court to request that the animal’s owner be ordered to post security with the court to indemnify the city for costs incurred to care and provide for the seized animal pending the disposition of any criminal charges of committing cruelty to animals pending against the animal’s owner as allowed by NMSA 1978 Section 30-18-1.2.

(B)(1) The RRARC Agents shall, for a reasonable period of time or as required by statute, maintain a record of all animals in their control. The records shall contain at least the following information:

(a) A complete description of the animal;

(b) The manner and date of its acquisition by the RRARC Agent;

(d) The name and address of any person who redeems or adopts any animal;

(e) All fees received; and

(f) All medical expenses incurred.

(2) The RRARC Agents shall keep records of all transactions, showing all animals impounded and all animals shall be listed individually, showing the amount of money collected on each, as well as the disposition of each case. The RRARC Agents shall turn over all money received to the City Treasurer.

(’87 Code, § 11-3-4) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027; Am. Ord. 11-09; Am. Ord. 19-30)

90.48 DISPOSITION OF ANIMALS.

(A) If an animal with no obvious signs of ownership is not redeemed or claimed by the third day of impound (the first day is day zero), the RRARC may make disposition of the animal by adoption, release to another animal shelter or rescue organization, or euthanasia under the supervision of a licensed veterinarian or RRARC Agent certified to euthanize animals; however, if euthanasia is the necessary option, RRARC shall wait seven days as described above in an attempt to exercise animal adoption or release to another shelter before euthanasia is considered. If an animal has signs of ownership and is not redeemed by the seventh day of impoundment (the first day is day zero), then it is considered abandoned and RRARC may make disposition of the animal by adoption, release to another animal shelter or rescue organization, or euthanasia under the supervision of a licensed veterinarian or RRARC Agent certified to euthanize animals. If a licensed veterinarian or certified RRARC Agent determines the impounded animal is suffering due to a medical condition, or is diseased and presenting a danger to other animals or personnel at the shelter, then it may be humanely euthanized under the supervision of a licensed veterinarian, or an RRARC employee certified in euthanasia procedures. Euthanasia shall be performed in a manner consistent with the rules and regulations of the New Mexico Animal Sheltering Board.

(B) Any feral animal that poses a threat to the public or RRARC personnel, then the animal may be humanely euthanized prior to the required holding period.

(C) No animal that has been impounded may be adopted out for purposes of breeding or sale. This section does not preclude adoption of animals from RRARC by animal rescues, animal shelters or other such humane-oriented animal welfare organizations.

(D) Animals which cannot be brought to an animal shelter because of inability of RRARC Agents to extricate or capture an animal which, in the opinion of the RRARC Agent, is vicious or infected with any dangerous or incurable disease or in any painfully crippled condition may be euthanized by emergency field euthanasia in a manner consistent with the rules and regulations of the New Mexico Animal Sheltering Board.

(E) RRARC Agents are empowered to take dogs or cats from their owners, who are residents of the city and who have given their written permission to have their pets euthanized. The owner shall be given a receipt for requested service. Animals taken under this section may be held for adoption or may be euthanized as provided in subsection (A) of this section.

(F) The RRARC Agents are empowered to pick up the carcasses of dogs and cats from the homes of their owners who are residents of the city, and who have given their permission to have these carcasses picked up by the city. Animal carcasses picked up under this section shall be disposed of by the city in whatever way is determined to be the most feasible, and in a manner as to minimize expense to the RRARC and the city.

(’87 Code, § 11-3-5) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 06-09; Am. Ord. 11-09; Am. Ord. 14-17; Am. Ord. 19-30)

90.49 ADOPTION OF ANIMALS.

(A) All dogs or cats adopted out of the RRARC will be sterilized, microchipped, and vaccinated prior to release from the facility. The cost is included in the adoption fee. Monies collected from the spay/neuter program shall be placed into the Spay/Neuter Fund, which shall be a permanent, self-sustaining fund, which shall be used to reimburse city contracted veterinarians. The City Manager or her/his designee may authorize the adoption of an animal at a reduced rate under special programs, such as a “Seniors for Seniors Program.” The cost of the adoption may be waived partially or in full, or may be paid for using a grant or award program drawn from the RRARC Donation Fund or similar fund. Nothing in this section shall preclude the RRARC from entering into arrangements with animal rescue groups that provide for spaying/neutering at their cost.

(B) The adopting party must pay a nonrefundable fee on a dog or cat that is to be adopted with the RRARC. The RRARC will have that animal spayed or neutered. The fee will include all necessary vaccinations, or any other services such as microchipping and license. Those fees shall be paid at the time the animal is adopted.

(1) The RRARC may make arrangements to have all or part of the cost of operations deposited with the city into the Spay/Neuter Fund.

(2) The RRARC shall issue rules and regulations necessary to implement this section.

(’87 Code, § 11-3-6) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027; Am. Ord. 06-29; Am. Ord. 11-09; Am. Ord. 14-17; Am. Ord. 19-30)

90.99 PENALTY.

(A) Any person violating any provisions of this chapter for which no specific penalty is prescribed shall be subject to Section 10.99.

(B) As to Sections 90.15, 90.18, 90.19, 90.20, 90.21, 90.22, 90.28, and 90.29, penalty assessments shall be as follows:

(1) For a first offense, the fine shall be a minimum of $35.

(2) For the second offense, for the same person, the fine shall be a minimum of $75.

(3) For the third offense for the same person, the fine shall be a minimum of $125.

(4) For the fourth and subsequent offenses for the same person, the fine shall be a minimum of $250 but no more than $500 and up to 90 days in jail. In addition, the court may order the seizure of the animal(s) owned by this person.

(5) All fines, less court fees, collected pursuant to this section shall be credited to the RRARC.

(’87 Code, § 11-5-5) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 97-002; Am. Ord. 03-027; Am. Ord. 11-09; Am. Ord. 14-17; Am. Ord. 19-16; Am. Ord. 19-30)