Chapter 6.08
LIVESTOCK, FOWL AND RABBITS
Sections:
6.08.050 Animal waste removal off premises.
6.08.060 Abuse and required care.
6.08.010 Definitions.
“Animal” means any domesticated pet or beast of burden under ownership of a person.
“Fowl” means living chickens, ducks, and turkeys.
“Livestock” means any living domesticated animal, raised in an agricultural setting, of the species of horse, mule, donkey, cattle, sheep, goat, or swine. (Ord. 2126 § 1 (Exh. B), 2024)
6.08.020 Number of fowl.
There will not be allowed any more than 10 fowl on a property within the city limits. This limit is intended to be 10 total of any combination of fowl. (Ord. 2126 § 1 (Exh. B), 2024)
6.08.030 Number of rabbits.
There will not be allowed any more than 10 total rabbits on a property within the city limits. (Ord. 2126 § 1 (Exh. B), 2024)
6.08.040 Livestock.
A. Required Open Space and Minimum Dimensional Requirements for Pasturing. For lots less than or equal to one acre, livestock is permitted. There shall be not less than 10,000 square feet of open space for maintaining and pasturing the first livestock animal on any parcel of property, and an additional 5,000 square feet shall be required for each additional livestock animal. In addition, the following minimum dimensional requirements for open space and pasturing purposes shall be provided:
1. The pasture area shall have a minimum width of 80 feet;
2. The stable housing for livestock animals shall be set back at least 30 feet from any side, rear and front property lines;
3. In the event any livestock animal gives birth, thereby exceeding the number of livestock animals allowed by the minimum set forth in this subsection A, the owner of said livestock animal and/or the occupier of the premises shall conform to the number of livestock animals for the dimensional requirements within one year of the birth of the animal.
B. Fencing. The owner and/or tenant and/or other occupier of the premises upon which any livestock animal is maintained within the city limits shall provide adequate fencing in a good state of repair to guarantee the confinement of said animal within the fence, which fence shall completely enclose an area adhering to the minimal dimensional requirements.
C. Waste Disposal. The owner of each livestock animal and the owner and/or occupier of the premises upon which said animal is maintained within the city limits shall guarantee and, at all times, maintain the premises upon which the livestock animal is maintained in a sanitary and neat condition, including, but not limited to, disposal of manure or other waste material from said animal. An unreasonable accumulation of flies or other insects or pests within the property on which said animal is maintained, and/or noxious or offensive odors, or the unreasonable accumulation of flies, insects or other pests transcending into neighboring or vicinal real property, shall be presumed to be inadequate sanitary conditions and deemed a nuisance. (Ord. 2126 § 1 (Exh. B), 2024)
6.08.050 Animal waste removal off premises.
Every person who owns or who has under their control or care any animal shall be responsible for picking up and immediately removing any excrement or manure left by any such animal upon any public place or private property not owned by him or her. Any person who fails to pick up and remove immediately any excrement or manure left by an animal under their control shall be subject to a Class 3 civil infraction. (Ord. 2126 § 1 (Exh. B), 2024)
6.08.060 Abuse and required care.
A. No person shall beat, cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans. Anyone who permits such conduct on premises under his control, and any person present as a spectator at such exhibition, shall also be deemed a violator of this subsection and subject to punishment therefor.
B. No animal shall be abandoned nor left unattended for more than 24 consecutive hours without adequate care.
C. Any person who confines any animals shall supply the animal during such confinement with clean, adequate shelter from the weather and a sufficient daily quantity of food and water.
D. Whoever keeps, uses, restrains or maintains within the city any pen, stable, lot, place or premises in which any animal or fowl may be confined, in such manner as to be nauseous, foul or offensive, or which for any cause becomes an annoyance to any person, family or community, is deemed to be maintaining a nuisance and is subject to the penalties prescribed in NMC 1.16.030.
E. Any animal, excluding livestock and fowl, that is restrained by a tether must be restrained in compliance with the following requirements:
1. Chains must be adequate to restrain the animal, but appropriate size and weight for the animal.
2. The use of chains, pinch/prong collars, or choke chains as collars is prohibited. This subsection does not apply to pinch/prong collars or choke chains used for training purposes when a person is present at all times and is actively engaged in training the animal.
3. A tether must be connected to a collar or harness on a swivel or in a manner that prevents entanglement.
4. The tether must not cause injury, disfigurement or physical impairment to the animal.
5. A tether must allow access to food, water and shelter while restrained.
6. A tether must not allow the animal to leave the owner’s property.
7. If there are multiple animals, each animal must be restrained with a separate tether in a manner that prevents entanglement. (Ord. 2126 § 1 (Exh. B), 2024)
6.08.070 Control of animal.
A. Every owner of an animal shall exercise proper care and control of his animal to prevent animals from becoming a public nuisance. Excessive or untimely barking, whining, screeching, howling, caterwauling, crowing, braying or other like sounds which extend beyond the boundary of the owner’s property, or molesting passersby, chasing vehicles, attacking other domestic animals, depositing excretory matter on property other than that of the owner, damaging property and running at large, shall be deemed a nuisance.
B. It shall be unlawful for an animal which has a propensity to bite or attack human beings to run loose on or within the owner’s premises in such a manner as to endanger the safety of any person lawfully entering such premises. Failure to properly restrain such animal as stated in this title shall constitute a misdemeanor and shall also constitute a nuisance. (Ord. 2126 § 1 (Exh. B), 2024)