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TAOS COUNTY, NEW MEXICO ORDINANCE NO. 2014-

SUPERCEDING AND REPLACING TAOS COUNTY ORDINANCE 2011-

Article 1 General Provisions

1-1 Title, Legislative Intent and Applicability 1-2 Definitions 1-1 Title, Legislative Intent and Applicability

A. The Board of Commissioners for Taos County is authorized by Section 77-1-12 and Sections 4-37-1 et seq. NMSA 1978 Comp., to provide for the regulation and control of animals within the boundaries of the County of Taos.

B. This Ordinance shall be known and may be cited as the “Taos County Animal Control Ordinance”. The short title to this Ordinance shall be “Animal Control Ordinance”.

C. It is the intent of the Board of County Commissioners of Taos County that the enactment of this ordinance will protect animals from neglect and abuse, protect residents from annoyance and injury, promote the health, safety and welfare of the residents and animals, and assist in providing control and recovery of animals.

D. The provisions of this ordinance shall apply throughout Taos County, including on privately owned land and land owned by the United States. Exception: Within the interior boundaries of any incorporated municipality or federally recognized Indian reservation or Pueblo.

1-2 Definitions For the purpose of this ordinance, the following terms, phrases, words and derivations shall have the meaning given herein. “Shall” is always mandatory and not merely directory. The masculine includes the feminine. The singular includes the plural, where appropriate. ABANDONMENT: The intentional act of leaving an animal for more than twenty-four (24)hours without making effective provisions for its proper feeding and care. ADEQUATE DRAINAGE: Drainage sufficient to prevent the standing or pooling of water. ALTERATION: To render an animal permanently sterile and incapable of reproduction.

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ANIMAL: Any living nonhuman mammal, bird, reptile, or amphibian including, but not limited to, bats, companion animals, domestic animals, livestock, pigeons, porcupines, poultry, prairie dogs, rabbits and skunks. For the purpose of this ordinance, insects and arachnids are not included in the definition of animals. ANIMAL EXHIBIT: Any traveling animal show, animal refuge, zoo, petting zoo, circus, animal ride, animal act, or any premises or activity operated for the purpose of showing any animal or providing animal entertainment through animal performances. ANIMAL FIGHTING: An organized event involving one or more animals, that has the purpose or probable result of one animal inflicting injury on or killing another animal. ANIMAL FIGHTING PARAPHERNALIA: Equipment that any reasonable person would ascertain is used for animal fighting which includes, but is not limited to: a) instruments designed to be attached to the leg of a bird such as boxing gloves, knives, gaffs, or other sharp instruments; b) performance enhancing drugs or substances, and veterinary equipment such as sutures and bags of saline; c) items to train and condition dogs to fight such as hides or other material used as hanging devices, wooden sticks or handles used to pry open jaws, food or water additives, tread mills and jenny mills; d) the presence of any animal that appears to be a fighting animal alone or together with animals suspected of being used as bait animals such as rabbits, cats and other dogs; and e) information about training or managing fighting animals such as manuals and videotapes. ANIMAL KENNEL: An establishment operating for intended profit where dogs or cats are boarded, kept, or maintained, sold or bred for resale to commercial outlets. ANIMAL SERVICES DIVISION; (ASD): That division of the County, or the County’s designated contract agent, or both, which is specifically charged with regulating and enforcing laws dealing with animal services within its jurisdiction. ANIMAL SERVICES FACILITY: Any pound, shelter, recognized animal humane organization, kennel or building maintained, utilized or contracted with by the County for the care and custody of animals in which animals are not allowed to breed. ANIMAL SERVICES OFFICER (ASO): Any person designated as responsible and having authority within the County to implement and enforce this ordinance in conformance with the provisions established herein; any person duly appointed to the position by the Taos County manager. BITE: To puncture or tear off skin, inflicted by the teeth of any animal. COMPANION ANIMALS: A dog, cat, rodent or bird, kept as a pet by humans. DANGEROUS ANIMAL: An animal that has caused serious injury to a person or a domestic animal. A serious injury is a physical injury that results in broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery. DOGGIE DAYCARE: A commercial establishment that takes temporary possession of a companion animal at the request of the owner to provide safety, comfort and/or socialization for the animal. DOMESTIC ANIMAL: Any animal that, through selective breeding, is not wild including, but not limited to, dogs, cats, ferrets, gerbils, guinea pigs, hamsters, horses, mice, rabbits, donkeys, and rats. DOMESTIC LIVESTOCK: Any of the large or small livestock including, but not limited to, horses, cattle, mules, donkeys, burros, llamas, swine, goats, sheep, and fowl, such as chickens, guinea hens, ducks, turkeys, geese, quail, or pigeons. Livestock may also be domestic animals. ENCLOSED LOT: Any parcel of land or portion thereof in private ownership, around the perimeter of which a wall or fence has been erected of a height so as to retain the species of an animal within the bounds for which the fence was erected.

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ENCLOSURE: Secure confinement indoors or outdoors, such as a parcel of land, or any portion thereof, completely surrounded at its perimeter by a wall or fence, locked pen or other structure, that is designed to prevent the animal from escaping the confined area and young children from entering the confined area. The enclosure must be of sufficient height and strength to contain the animal within. EUTHANASIA: The humane killing of an animal by an authorized person in a manner commonly recognized as humane and approved by the appropriate state agency, and does not cause undue pain or suffering to the animal. EXOTIC ANIMAL: Rare or different from ordinary domestic animals and/or not indigenous to the state of New Mexico, including skunks, birds of prey, wolf hybrids, canine hybrids and the offspring of wild animals crossbred with domestic dogs and cats, but not including parrots, toucans, or other tame and domesticated birds. FOSTER CARE PROVIDER: Any person who fosters an animal from or through an animal shelter to care for the animal’s physical and emotional needs, to assist in making the animal adoptable, or to provide a safe homelike environment to minimize the effects on the animal of being separated from its family. GROOMING FACILITY (PARLOR): An establishment that provides animal grooming services for domestic and companion animals. GUARD DOG: An animal kept for the sole purpose of guarding a property, neither for hunting use or as a pet. GUARD DOG SITE: An establishment that utilizes a guard dog, and which has a current guard dog site permit. HOARDING: Animal hoarding is a complex public health and community issue. The following criteria are used to define animal hoarding; a) more than the typical number of companion animals; b) inability to provide even minimal standards of nutrition, sanitation, shelter and veterinary care, with this neglect often resulting in starvation, illness and death; and c) denial of the inability to provide this minimum care and the impact of that failure on the animals, the household and the human occupants. HOBBY BREEDER: A person involved in the breeding of companion animals usually for monetary gain. HOUSEHOLD: A human social or family unit comprised of persons residing in the same residence, whether related or not. IMPOUND: The act by an Animal Services Office, livestock inspector or law enforcement, of taking and confining an animal within an animal services facility used by the County for confinement of animals. In this ordinance, “impoundment fees” are the same as “boarding fees”. INTACT: An animal that has not been spayed or neutered/fixed. KENNEL: Any establishment where dogs, cats or other animals are boarded, bred, kept, brought, sold, traded, let for hire, groomed or trained for a fee. LEASH: Any strap or cord sufficient to hold an animal under control. LIVESTOCK: Animals typically used in the production of food, fiber or other products or activities defined as agricultural. Livestock shall include, but not be limited to, horses, mules, cattle, llamas, yaks, pigs, sheep, goats, rabbits, fowl, ostriches, alpacas, emus, and mink. Domestic animals may also be livestock. LOW INCOME PERSON: A person whose income is less than fifty (50) per cent of the gross median income for Taos County residents. A person who possesses a) an EBT card issued by the State of New Mexico for food stamps or for Temporary Assistance for Needy Families; or b) an annual letter of statement of benefits or monthly benefit card for Supplemental Security Income; or c) a Medicaid health benefit card.

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MICROCHIP: A passive transponder which can be planted in an animal by injection, and which is a component of radio frequency identification (RFID) system. OWNER: A person eighteen (18) years of age or older, or the parent or guardian of a person under eighteen (18) years of age, who owns, keeps, cares for, or harbors an animal, or who allows an animal to remain on or about his premises for more than fourteen (14) consecutive days. PREMISES: A parcel of land owned, leased or rented, or controlled by any person, legal or natural. Such parcel of land may include a structure, and may include such items as kennels, houses, mobile homes, apartments, condominiums, and townhouses. QUARANTINE: The strict confinement and isolation of an animal for any length of time in accordance with this ordinance, state law, or federal law, in order to observe for and control the spread of infectious or contagious diseases, such as rabies. RUNNING AT LARGE: a) An animal beyond the boundaries of the owner’s premises and free from the owner’s control is running at large; b) An animal not contained by an enclosure or restrained on a leash held by a responsible person capable of controlling the animal. Verbal commands and ability to shock the animal through the use of an electric collar do not constitute control of an animal; c) Running at large includes all stray animals, but shall not include a dog which is working at a specific job for which it has been trained or a dog performing in the capacities of hunting, tracking, obedience, agility, showing, or field trials. SANCTUARY: Areas protected through the management of human activities to provide and maintain habitat, other wildlife, and the ecosystems that support them, including national wildlife areas, migratory bird sanctuaries, conservation areas and zoos. SERIOUS INJURY: Any physical injury to a person or animal that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. SERVICE ANIMAL: Any animal recognized as a qualified service animal pursuant to the Americans with Disabilities Act of 1990. A qualified service animal includes, but is not limited to, a) a guide dog trained by a professionally recognized guide dog school to lead a partially or totally blind person; or b) a hearing dog trained by a professionally recognized hearing dog school to aid a hearing impaired person; or c) a service dog trained by a professionally recognized school to assist a mobility impaired person; or d) any other animal approved by the vocational rehabilitation department of the department of public education of the state as acceptable in public places. SPAY: To render a female animal permanently sterile and incapable of reproduction. STRAY: Any animal beyond the boundaries of the owner’s premises and free from the owner’s restraint or control, including animals that are running at large, abandoned, or have no known owner. VACCINATION: The protection provided against rabies by inoculation with an antirabies vaccine approved by the U.S. Department of Agriculture, Bureau of Animal Industry, and State of New Mexico given in amounts sufficient for one year or longer. WILD ANIMAL: Any animal or species that in its natural life is wild, noxious or naturally inclined to do harm, and though it may be trained and domesticated, is considered by this ordinance to be dangerous to others, and has the potential to injure or kill a person or other animals. Those animals, however domesticated, shall include, but are not limited to:

A. Canidae: wolves, foxes, coyotes, dingoes, and other members of nondomestic canine families.

B. Felidae: lions, pumas, panthers, mountain lions, wild cats, bob cats, ocelots and other members of the nondomestic feline families.

C. Ursidae: bears, grizzly bears, black bears, and brown bears.

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D. Mustelidae: weasels, marten, mink, wolverine, badger, otter, ermine, and mongoose, except domesticated ferrets.

E. Procynnidae: raccoons, eastern raccoon, desert raccoon, and ringtailed cat. F. Homidae: primates, great apes, chimpanzees, baboons, except service animals. G. Erthizontidae: porcupines. H. Skunks, bats, alligators, crocodiles, caimans, venomous fish, piranhas, venomous

snakes, or poisonous lizards

Article 2 Administration of Ordinance

2-1 Animal Services Officers 2-2 Authority of Animal Services Officers; Issuance of Citations

2-3 Enforcement and Penalties 2-1 Animal Services Officers A. The Animal Services Officers and law enforcement of Taos County are responsible for the administration of provisions of this ordinance. B. The County Manager shall appoint Animal Services Officers. The Animal Services Officers shall be concerned primarily with the health and safety of the citizens and animals within the County limits. 2.2 Authority of Animal Services Officers (ASO) A. Animal Services Officers shall have the authority to investigate upon probable cause any alleged violation of this Taos County Animal ordinance, New Mexico Animal State Statute or any law of the State of New Mexico that relates to the care, treatment, and control of animals and to the prevention of cruelty to animals.

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B. Animal Services Officers are authorized to enter onto and inspect premises and animals thereon within Taos County as necessary to perform their duties. If the owner or occupant of the premises objects to inspection, or is not present to give permission, a warrant shall be obtained from a court of competent jurisdiction prior to inspection, unless there appears to the ASO that probable cause exists of an emergency requiring immediate inspection and seizure. An ASO shall not enter onto the premises of the known owner for the sole purpose of taking an animal which has been alleged to be running at large by a person who is not an ASO or law enforcement. C. Animal Services Officers shall work cooperatively and jointly with County law enforcement, other state and federal officials as necessary and appropriate concerning an alleged violation of state law and/or this ordinance. 2-3 Enforcement and Penalties A. The Animal Services Officers and County law enforcement shall have the authority to issue citations and, in some cases, the option of a penalty assessment for violations of this ordinance and the New Mexico State Animal Statutes regarding the care and control of animals, whenever there is probable cause to believe there exists a violation of this ordinance and/or animal care and control statutes, and to perform such other duties as prescribed. B. Penalty Assessment. For violations of this ordinance listed in Appendix A, Animal Services Officers or law enforcement officers may offer the alleged violator the option of acknowledging guilt of the offense, thus avoiding a court hearing, and accepting a penalty assessment in the amount set forth in Appendix A, as amended. The offer of a penalty assessment in lieu of a court hearing for each additional offense that occurs within one year of the first offense shall be twice the penalty assessment set forth in Appendix A. 1. Acceptance of Penalty Assessment a) If a person is offered a penalty assessment, payment of the penalty must be received within thirty (30) days from the date the

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penalty assessment is offered. If the violation was under Section 4-1, payment must be accompanied by proof of a rabies vaccination. b) If the alleged violator accepts the penalty assessment, his signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice. c) If the owner accepts the penalty assessment after the animal has been transported to the animal services facility, the owner shall have the animal released to his immediate custody after paying the penalty assessment and any fees, including but not limited to boarding, vaccination costs, and spay/neuter deposit or spay/neuter surgery charges. d) Any failure to make timely payment or otherwise comply with the conditions imposed by any penalty assessment shall result in the issuance of a citation for prosecution in the Magistrate Court in accordance with the provisions of this ordinance. 2. Rejection of Penalty Assessment; Penalties Provided a) An alleged violator who fails to timely pay a penalty assessment or who chooses a court hearing shall be served with a citation requiring him to appear before the Magistrate Court at the date and time stated in the citation or in a subsequent Notice of Hearing. The citation may be served by mail or in person. C. Changes in Penalty Assessments set forth in Appendix A may be made by duly adopted resolution of the Board of County Commissioners.

Article 3 Animal Control and Impounding Procedures

3-1 Impounding of Animals; Notice Required 3-2 Impounding of Strays; Notice Required; Redeeming Animals

3-3 Lost and Found Companion Animals 3-4 Creation of Safe Haven

3-1 Impoundment of Animals; Notice Required A. The ASO or law enforcement officer may impound or cause to be impounded any stray animal found in the County, found in violation

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of this ordinance or state statute. The ASO shall make every practical attempt to locate the owner of a stray animal before impounding takes place. B. The Animal Services Officer shall attempt to notify the owner of such impoundment, as soon as practicable, if the owner of such animal is not already so informed. If the owner is not known or if his address cannot be reasonably determined, the ASO has no duty to give notice to the owner. C. It is the duty of the ASO to bring any animal that is injured or ill to an animal services facility or to a licensed veterinarian for assessment of the health of the animal. D. In the event that live trapping or a catch pole is not feasible to capture an animal, then the use of chemical capture is appropriate. Certification of all ASOs by the National Animal Control Association (NACA) in chemical capture is required. E. All violations and penalty amounts shall be reported by the Animal Services Officer (ASO) to the animal services facility upon the animal’s impoundment and/or upon final disposition of the violation. 3-2 Impounding of Strays; Notice Required; Redeeming Animals A. Notice: 1. No person shall, without knowledge or consent of the owner, hold or retain possession of any animal of which he is not the owner, for more than twenty-four (24) hours, excluding weekends and holidays, when such person has knowledge of or could reasonably discover the owner of such animal, without first reporting the possession of such animal to the owner or to an ASO. This provision shall not preempt New Mexico Statutes Annotated section 77-14-1 et seq. 2. Any person holding an animal shall give notice of such animal retention to the owner if his identity can be reasonably determined and shall not refuse to immediately surrender such animal to the owner or to an Animal Services Officer who will determine if the animal is in an abused and/or neglected condition.

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B. If an animal is running at large and the identity of the owner can be determined by an Animal Services Officer, the owner shall be subject to warning or a citation for a first offense, at the discretion of the Animal Services Officer; and shall be issued a citation for a second or subsequent offense as described in Appendix A. Upon the third offense, the ASO shall issue a citation requiring a court appearance. The owner has the option of surrendering the animal to avoid a court appearance. C. If a stray bears identification tags, or a microchip, and the owner cannot be located by an Animal Services Officer, the animal shall be confined to an appropriate animal services facility pending notification of the owner or authorized agent, for a period of not less than three (3) days, excluding weekends and holidays. The day the stray animal is impounded and the owner notified constitutes day one. If a stray bears no identification tags, or a microchip, the animal shall be impounded for a period of not less than three (3) days, as set forth above. After three (3) days, the stray shall be deemed abandoned, and shall become the property of the animal services facility and may be impounded, adopted out or held for further disposition at the discretion of the animal services facility. D. Upon notification to an animal’s owner by an Animal Services Officer or the animal services facility, an owner or his authorized agent must redeem his animal within seventy-two (72) hours, excluding weekends and holidays or make arrangements with the animal shelter for the animal’s return. Any animal not claimed by an owner within seventy-two hours following notification shall be considered to have been abandoned and shall become the property of the animal services facility and may be impounded, adopted out, or held for other disposition at the discretion of the animal services facility. E. Any owner who claims an animal from the appropriate animal services facility must show the following upon claiming the animal: 1) Proof of rabies vaccination; 2) Proof of neutering or spaying or proof of an Intact Companion Animal Permit (ICAP).

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If said proof cannot be shown, such owner may be cited by the ASO. Additionally, if proof of current rabies vaccination cannot be produced, the owner of the impounded animal must vaccinate the animal within three (3) working days and must furnish proof of the vaccination to the ASO. If proof of neutering or spaying cannot be produced, the owner of the impounded animal must pay the cost of neutering or spaying the animal to a licensed veterinarian or to the animal services facility before the animal shall be released. If the owner chooses not to spay or neuter the animal, the owner must purchase an Intact Companion Animal Permit before the animal shall be released. F. It shall be the responsibility of the owner to reimburse the animal services facility for boarding, vaccination, neutering or spaying, emergency veterinarian costs, or other expenses incurred by the animal services facility for any animal legally boarded or impounded under the provisions of this ordinance, whether or not the animal is redeemed. G. If an impounded animal is certified by a licensed veterinarian as suffering because of sickness or injury, then it may be humanely euthanized, pursuant to section 3-4 of this ordinance, after the ASO gives notice or attempts to give notice to the owner. 3-3 Lost and Found Companion Animals A. Lost Companion Animal. Owners who lose a companion animal shall contact the animal services facility and report the loss within twenty-four (24) hours. The owner shall provide the animal services facility the owner’s name, address, telephone number, a description of the companion animal together with any identification information such as a microchip or tag, a photograph, if possible, the date of the loss, and the last location of the animal prior to the loss. B. Found Companion Animal. A person who finds a stray companion animal may possess and temporarily care for the animal pursuant to the terms of this ordinance. The finder may keep the companion animal at the household of the finder or may deliver the animal to the animal services facility. The finder shall notify the animal services facility within twenty-four (24) hours of finding the

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animal and provide a description of the found companion animal, any microchip, identification tag and/or collar, the time and date when the animal was found, and the location where the animal was found . C. If the finder wishes to own the found companion animal, the finder shall notify the animal service facility, and said animal shall become the property of the finder ten (10) days from the date the finder reported the animal found, if no person reclaims the animal. D. These provisions do not apply if the companion animal is owned or claimed by any person known to the finder and is or may be the subject of a dispute between the finder and any other person concerning ownership or custody of the companion animal. 3.4 Creation of Safe-Haven To increase every animal’s chance of being adopted, this article hereby creates a SAFE HAVEN. SAFE-HAVEN guarantees every adoptable animal impounded in Taos County at least ten (10) days, including two weekends, without the possibility of being euthanized.

Article 4 Rabies Vaccination

4-1 Rabies Vaccination 4-2 Potentially Rabid Animal 4-3 Animal Biting a Person 4-4 Restraint of Animals 4-1 Rabies Vaccination. A. It is the duty of all persons owning a companion animal (cat, dog or ferret) over the age of six (6) months to have the animal vaccinated against rabies no less frequently than required under New Mexico State law. B. In the event that that animal is ill, elderly or having a medical condition that in the discretion of a licensed veterinarian would be compromised by the administration of a rabies vaccine, then no rabies vaccine shall be required. Proof shall be provided by a statement of the veterinarian.

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C. A veterinarian administering any rabies vaccine to any animal shall issue to the owner of the animal a numbered vaccination certificate which shall contain the name and address of the owner of the animal, a description of the animal vaccinated, sterilization status, the date of the vaccination, the expiration date of the period of immunity, a tag containing information sufficient to prove the animal has been vaccinated, and the veterinary practice name. D. A current rabies tag may be affixed to dogs as a means of identification. In any event, a rabies tag and certificate must be kept by the owner of the companion animal, and presented upon demand to any ASO or law enforcement officer. E. It is a violation of this ordinance for the owner of any dog, cat or ferret to fail to exhibit a certificate or tag as proof of rabies vaccination, upon demand to any ASO or member of law enforcement. 4-2 Potentially Rabid Animal A. The owner of any animal that has rabies or shows signs of having rabies, or any animal bitten by another animal infected with rabies, or that has been exposed to such a rabid animal, shall be isolated at once to a secure place by the owner, where it cannot possibly come into contact with any other animals or humans other than the owner. B. A person who knows or has reason to know that an animal is infected with rabies or an unvaccinated animal has been exposed to rabies shall immediately notify an Animal Services Officer or law enforcement of the place where the animal is confined or can be found. C. The owner of any unvaccinated animal that potentially has rabies or has been exposed to rabies shall surrender said animal to an Animal Services Officer. The ASO shall then deal with the potentially rapid animal pursuant to state law. D. A vaccinated animal exposed to rabies may be required to be securely confined on the owner’s premises for a minimum of fourteen (14) days, until it is determined by a licensed veterinarian that there are no symptoms of rabies.

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4-3 Animal Biting a Person A. Both the owner of an animal that bites a person and the person bitten by an animal shall report that occurrence to an Animal Services Officer or to law enforcement within twenty-four (24) hours of the occurrence. The owner of an unvaccinated animal that bites a person shall surrender said animal to an ASO to impound said animal for a ten (10) day period of observation. The owner of the animal shall bear the cost of confinement. A vaccinated animal may be confined on its owner’s premises during this time of observation. B. The ASO may consent to confinement of a vaccinated animal on the owner’s premises if the owner can produce evidence of a current rabies vaccination at the time the bite was inflicted. The premises where the home confinement is to occur shall be inspected and approved for such purposes by an ASO. A person who has custody of an animal that has bitten a human shall immediately notify the ASO if the animal shows signs of illness or abnormal behavior. C. A physician who renders treatment to a person bitten by an animal shall report the fact that treatment has been rendered to an Animal Services Officer within twenty-four (24) hours of professional attendance to the bite wound. The physician shall report the name 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 Animal Services Officer in ascertaining the location and immunization status of the animal. D. The owner of an animal that bites a person may be subject to penalties provided by state law and Appendix A of this ordinance. 4-4 Restraint of Animals A. All persons owning or having charge, custody or control of any animal shall keep such animal restrained to prevent damage or harm to people and property. Violation of the section will subject said owner or keeper to a fine as set forth in Appendix A. B. When a dog is off its owner’s premises, it must be on a leash. The owner of an animal shall not allow it to run at large or create a nuisance on another’s property, be it public or private, including

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entering onto lawns, driveways, walkways, places of recreation, or parks. The term “nuisance” shall include defecation or urination. Violation of this section will subject said owner or keeper to a fine as set forth in Appendix A. C. Any animal trespassing upon private or public property shall be deemed prima facie not to be under the immediate control of the owner or of his designee, and the owner shall be in violation of sections 4.4 A. and B., and subject to penalties as set forth in Appendix A.

Article 5 Prohibited Activities

5.1 Dogs Running at Large 5.2 Dogs on Owner’s Property 5.3 Animals Transported or Left in Vehicles 5.4 Dangerous Animals 5.5 Animals Disturbing the Peace 5.6 Animal Nuisances on Sidewalks, Streets, Public Parks, Alleys, and Other Public Areas 5.7 Unlawful Use of Rabies Tag 5.8 Animals trained to Assist the Handicapped Allowed in Public Places 5.9 Written Complaint Requirement 5.1 Dogs Running at Large A. It is a violation of this ordinance for any owner to allow or permit any dog to run at large. Any dog permitted to run at large in violation of this section is a nuisance, a menace to the public health and safety, and may be taken up and impounded as provided in section 3-1, and its owner shall be subject to the penalties set forth in Appendix A. 5.2 Dog on Owner’s Property A. Any dog on its owner’s property and not deemed potentially dangerous shall be:

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1. Placed in a secure run or kennel with access to shade; or 2. Kept within a secure enclosure, as defined in this ordinance, surrounding the owner’s premises or a portion thereof; or 3. Kept under the immediate physical control of a person capable of restraining the dog; or 4. Confined through means of a buried electronic barrier/collar system if the dog is properly trained, and the electronic system is functioning properly; or 5. Dogs not within a secure enclosure may be restrained by means of a cable and tether system or a trolley, but only if the following conditions are met: a) A cable attaches to two stationary objects. The cable run must be at least fifteen (15) feet in length and at least four (4) feet above ground level. Only one dog may be tethered to each cable run; the tether (which attaches to the dog) must be attached to a pulley on a cable run or trolley; there must be a swivel on at least one end of the tether to minimize tangling. b) If more than one dog is tethered, the dogs must be sufficiently far apart so that the dogs cannot touch or become tangled. c) The tether and cable run must be of adequate size and strength to effectively restrain the dog. The size and weight of the tether must not be excessive as determined by the ASO, considering the size, weight and health of the dog. d) The cable/tether area must be surrounded by a barrier (fence) sufficient to protect the dog from at large animals, and to prevent children from accidentally coming into contact with the tethered dog.

e) The tether must be a minimum of fifteen feet in length and not allow the dog to move beyond the legal boundary of the property. The cable run must be 6 feet above ground level. f) The device must be affixed to a dog by use of a non-abrasive, comfortably fitted collar or harness. No choke or chain collars. g) The device must be fastened so that the dog can sit, walk, and lie down comfortably and must be unobstructed by objects that may cause the device or dog to become entangled or strangled.

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h) The dog must have easy access to adequate shade, shelter, food and potable water. i) The area where the dog is confined must be kept free of garbage and other debris that might endanger the dog’s health or safety. Feces shall be cleaned up regularly, at least once per week. j) The area where the dog is confined must be kept free of insect infestation, such as ant hills, wasp nests, flea, tick and maggot infestations. k) The dog cannot be tethered longer than nine (9) hours unattended in a twenty-four (24) hour period. l) Violations of these requirements will constitute an act of neglect or cruelty, and will subject the dog to immediate impoundment and penalties to the owner as set forth in Appendix A. m) The owner of a dog deemed by an ASO to be too dangerous, too aggressive or too large to be contained by a tethering system must provide a secure kennel no smaller than 10 feet x 10 feet, and must be secure at the top to prevent climbing out and at the bottom to prevent digging out. Chaining a dog is not permitted. 5-3 Animals Transported or Left in Vehicles It is unlawful for a person to carry an animal in or upon any vehicle in a cruel, inhumane, or unsafe manner. The animal must be tethered or leashed to a stationary object with a non-chain or non-choke collar and a leash that will not allow the animal to jump out of the vehicle. No person shall leave an animal in a closed vehicle for any length of time reasonably concluded to be dangerous to the health or safety of the animal. During the warmer months, no amount of ventilation will keep the vehicle from getting too hot. During hot weather conditions, an ASO or law enforcement officer may immediately remove an animal from a vehicle and take it into protective custody, with the cost assessed to the owner. If a concerned citizen perceives that an animal in a vehicle is in immediate danger, the citizen may enter the vehicle by whatever means necessary, without being liable to the owner of the vehicle, and rescue the animal. Violations of this section will constitute an act of cruelty or neglect and will subject the owner to the penalties set forth in Appendix A.

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5-4 Dangerous Animals A. It is unlawful for any person to keep or harbor a known dangerous animal in Taos County. Any attack by a dangerous animal or any animal displaying traits of a dangerous animal may be repelled by the use of reasonable force including lethal force. After a judicial determination that an animal is dangerous, a court having jurisdiction over the enforcement of this ordinance, upon hearing of such complaint, may, in addition to any fine or imprisonment which may be imposed for violation hereof, order the Animal Services Officer to have such animal painlessly and humanely euthanized under the supervision of a licensed veterinarian or certified euthanasia technician. This provision does not limit the application of 1978 NMSA Sections 77-1A-1 et. seq., the “Dangerous Dog Act”. B. A dangerous dog means a dog that has caused a serious injury to a person or a domestic animal. A serious injury means a physical injury that results in broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery. C. A potentially dangerous dog means a dog that may reasonably be assumed to pose a threat to public safety as demonstrated by the following behaviors. 1) causing an injury to a person or domestic animal that is less severe than a serious injury; 2) chasing or menacing a person or domestic animal 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. D. Exceptions. A dog shall not be declared a dangerous or potentially dangerous dog if; 1) the dog was used by a law enforcement official for legitimate law enforcement purposes; 2) the threat, injury or damage was sustained by a person or domestic animal who was;

a) trespassing upon premises occupied by the owner or the dog;

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b) provoking, tormenting, abusing or assaulting the dog or had repeatedly, in the past, provoked, tormented, abused or assaulted the dog; or c) commiting or attempting to commit a crime; or

3) the dog was 1) responding to pain or injury; 2) protecting itself or its offspring; or 3) protecting or defending a human being or domestic animal from attack or assault. E. After seizure by an Animal Services Officer or law enforcement, 1) the owner may admit that the dog is dangerous or potentially dangerous and comply with the requirements for a certificate of registration pursuant to the provisions of section 5 of the Dangerous Dog Act, NMSA Section 77-1A-5. 2) the Animal Services Officer may, within fourteen (14) days after seizure of the dog, bring a petition in court seeking a determination of whether the dog is dangerous or potentially dangerous. If the court finds, by clear and convincing evidence that the dog is dangerous and poses an imminent threat to public safety or potentially dangerous and poses a threat to public safety, the court shall order the owner to comply with the registration and handling requirements for the dog and obtain a certificate of registration within thirty (30) days or have the dog humanely destroyed. If the court does not make the required findings pursuant to this paragraph, the court shall immediately order the release of the dog to its owner. 5-5 Animal Disturbing the Peace A. It is unlawful for any owner to allow any of his animals to persistently or continuously bark, howl, or make noise common to their species or otherwise disturb the peace and quiet of the inhabitants of Taos County, or to keep or maintain on his premises any animal in such a manner as to disturb others by noxious of offensive odors, or otherwise endanger the health, safety, and welfare of the inhabitants of

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the County. Violations of this section shall constitute a nuisance and shall subject the owner to the penalties set forth in Appendix A. B. Personal observation of the nuisance by Animal Services Officers or law enforcement is not required; the sworn statement of a complaining witness will be sufficient for the ASO to issue a citation to the owner of the animal. 5-6 Animal Nuisances on Sidewalks, Streets, Public Parks, Alleys and Other Public Places A. It is unlawful for any person who possesses or is in charge of any animal to permit, either willfully or through failure to exercise due care or control, any such animal to commit any nuisance upon a sidewalk, or in a public park; or upon the common floor, stairway, wall or hall in any multiple dwelling, interior or exterior; any entryway, stairway, or wall immediately abutting a public sidewalk; or upon the floor or wall of any public building; or upon any private property other than that of the animal owner. When an animal defecates in a public place, the owner must immediately remove the feces and dispose of it in a sanitary manner. The term nuisance shall include any defecation or urination, destruction of property or disturbing the property of another, including the rubbish or trash of a resident of Taos County. B. Violations of this section shall constitute a nuisance and shall subject the owner to the penalties set forth in Appendix A. 5-7 Unlawful Use of Rabies Tag It is unlawful for any person to remove any rabies tag from an animal and attach it to another animal. It shall be unlawful for any person to manufacture or cause to be manufactured or to have in his possession or under his control a stolen, counterfeit, or forged rabies vaccination certificate or other form of licensing or permitting as required under this ordinance. 5-8 Animals Trained to Assist Disabled Persons Allowed in Public Places Animals trained to assist the handicapped, including blind or deaf persons, shall be allowed in public places and it shall be unlawful for

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any person who owns, operates, or maintains any public place of business or conveyance into which the general public is invited, to exclude there from any animal which has been trained to assist the handicapped, provided such animal is wearing the appropriate vest and has the required identification, and accompanies the handicapped person it was trained to assist. 5-9 Written Complaint Requirement For any alleged violation of this Article, an ASO may, before further action or investigation, require a complainant to submit, on a form provided by the ASO, a written complaint of the alleged ordinance violation, giving the name and address of the complainant, and if available, of the owner who is in such violation.

Article 6 Care and Maintenance of Animals

6-1 Owners Responsible for Care and Maintenance of Animals 6-2 Basic Requirements of Companion Animals (Mammals and Birds) kept on Residential Property 6-3 Violation for Failure to Provide Basic Care; Neglect 6-4 Veterinary Medical Care 6-5 Basic Cleaning and Grooming 6-6 Required Spay, Neuter of Companion Animals 6-7 Spay/Neuter Deposit Required before Adoption 6-8 Permanent Identification 6-1 Owners Responsible for Care and Maintenance of Animals A. The owner or custodian of an animal shall be responsible for its care and maintenance. B. Any person who violates a provision of this article shall be deemed guilty of a petty misdemeanor and, upon conviction thereof, shall be subject to the penalty provisions set forth in Appendix A.

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1) Every violation of this article shall be a separate misdemeanor.

2) Every day this article is violated shall be considered a separate offense.

3) Upon receipt of a citation, the person cited must appear in court.

6-2 Basic Requirements of Companion Animals (Mammals and Birds) kept on residential property A. Food. Mammals and birds shall be provided with uncontaminated, edible, nutritious food, which is of adequate quantity as to maintain the normal weight and condition of a healthy animal. Additionally the amount of food provided must properly conform to the individual animal’s age and condition. B. Water. Mammals and birds shall be provided with constant access to a supply of potable water in sufficient amount as to maintain good health as required by the species whether outdoors or indoors except as directed by a veterinarian. 6-3 Violation for Failure to Provide Basic Care; Neglect A. It is a violation of this ordinance for any owner of an animal to fail, refuse, or neglect to provide said animal with proper adequate food, water, shade, adequate shelter, and ventilation. B. Shelter: any companion animal habitually kept outside shall be provided, by its owner, with a weatherproof enclosure large enough to allow the animal to stand up, sit down, lie down, and turn around. Outside housing shall be soundly constructed of solid materials, such as wood or insulated plastic panels, or straw bales with an plywood top and floor and contain straw or other bedding that is regularly changed, in order to protect the animals from all four (4) directions from the adverse effects of weather including sun, wind, rain, and snow that could be detrimental to the health of the animal, and should be elevated off the ground sufficiently to prevent flooding and dampness.

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C. An owner must keep the premises where an animal is kept free of garbage, hazardous materials, feces, insect infestation, and other debris that may endanger the animal’s health and safety. D. The provision of food, water and an outdoor habitat for feral cats or other animals shall not imply that the provider is the legal owner of the cats. 6-4 Veterinary Medical Care Animal owners shall provide regular basic and emergency medical care for all their animals. No person shall keep an animal which is seriously sick or injured without providing proper veterinary care to the animal. The Animal Services Officer may require a letter of health evaluation from a licensed veterinarian describing the condition of the animal at the owner’s expense. 6-5 Basic Cleaning and Grooming Basic cleaning and grooming shall be provided as necessary for the health and general welfare of the animal. Grooming is necessary to maintain the eyes, ears, beaks, hooves, feet, toenails, and skin of an animal in a healthy condition. Basic grooming ensures that the toenails or hooves are not so long as to cause the animal not to be able to move normally or to cause pain to the animal. Grooming the coat on most animals is necessary to ensure the coat is not matted to the point that it causes skin irritation or traps fecal matter. Animals shall not be so dirty as to provide a home for parasites and insects. No animal shall be subjected to having foreign objects imbedded in its skin, fur or hair other than a microchip for companion animals. 6-6 Required Spay, Neuter of Companion Animals A. All dogs and cats over the age of six (6) months shall be spayed or neutered by a veterinarian except as provided herein. 1. Owners of companion animals may seek an exemption from this regulation if spay or neuter would be dangerous for the animal due to advanced age or health issues. Animal Services may grant this exemption if the owner of the animal can provide proof in the form

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of a letter from a veterinarian stating such reasons. Animals with a veterinary exemption from spay/neuter may not be bred. 2. Owners of companion animals may purchase an Intact Companion Animal Permit (ICAP) for up to two animals per residence as an exemption to the spay/neuter requirement. 3. Female Animals in Estrus (Heat). When a female companion animal is in heat, and the owner of said animal has previously obtained an Intact Companion Animal Permit, such animal shall be isolated and protected from interaction with intact male companion animals of the same species unless breeding is intended consistent with the requirements of this ordinance. Breeding of any companion animal will require the owner to obtain a Litter Permit, as set forth in section 10-5. 6-7 Spay/Neuter Deposit Required before Adoption For the adoption of any unneutered or unspayed dog or cat, the adopter shall pay a spay/neuter deposit of twenty-five dollars ($25), and adoption fees as established by the animal shelter, and sign an agreement to have the animal spayed or neutered by the age of six (6) months or within thirty (30) days, whichever is longer. The deposit shall be reimbursed to the owner only upon delivery of a valid receipt from a veterinarian proving that the specified animal was neutered within the required time period. 6-8 Permanent Identification It is recommended that all companion animals shall be permanently identified by a microchip. Microchipping shall be available for free at the animal services facility for low income persons and seniors (age 65+).

Article 7 Cruelty to Animals Prohibited

7-1 Cruelty to Animals Prohibited by State Law 7-2 Specific Activities that Constitute Cruelty to an Animal

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7-3 Abandonment of Animals 7-4 Animal Fighting 7-5 Injury to an Animal by a Motor Vehicle 7-6 Luring of Animals Prohibited 7-7 Specific Activities Not in Violation of Article 7 7-8 Control of the Animal and Owner’s Rights 7-9 False Reporting Prohibited 7-10 Scope of Article 7 7-1 Cruelty to Animals Prohibited by State Law Cruelty to animals is prohibited by State law and may be subjected to the penalties imposed by the State of New Mexico for such offenses. Nothing herein shall be construed to preclude a conviction for cruelty under state law or related statute. Cruelty to animals consists of a person intentionally or 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. A. Personal observation of cruelty by an Animal Services Officer, the

Sheriff or sheriff’s deputies or a police officer is not required and such officers may issue citations, file criminal complaints or assist any other person in filing a criminal complaint if an animal has been treated cruelly. A charge of cruelty to animals under this section is a civil assessment and does not preclude a criminal charge under state law. For penalties, refer to Appendix A.

B. In addition to the charges for cruelty to animals, Taos County law enforcement may avail itself of the remedies of Seizure, Confiscation and Protective Custody provided under this ordinance. C. Any person who treats an animal in any way that would lead a reasonable person to conclude that such animal has been subjected

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to harm without lawful justification is guilty of cruelty to animals under this ordinance.

D. Any violation of this Ordinance may subject an offender to a fine of a maximum of $500 and any reasonable charges for medical care and boarding incurred in the treatment of the animal. . 7-2 Specific Activities that constitute Cruelty to an Animal A. Any person who acts intentionally, willfully, maliciously or negligently is guilty of cruelty to an animal when engaged or attempting to engage in the following behavior: 1. Injuring or killing or attempting to injure or kill an animal. Exceptions include: a) Humane euthanasia performed by a veterinarian, or a euthanasia certified technician employed by the Humane Society of Taos. b) Killing a bird if such bird is poultry owned by that person and will be used for food; c) Killing a rabbit if such rabbit is owned by that person and will be used for food; d) Killing mice or rats that are not a domestic animal or otherwise claimed as a pet by any person; and e) Reasonably necessary taking of animals by a governmental entity for bio-disease management including, without limitation, selection of birds to determine the existence of or monitor the spread of avian flu. 2. Intentionally poisoning, attempting to poison or allowing an animal access to poisonous substances such as antifreeze; baiting any animal with any substance soaked, treated or prepared with any harmful or poisonous material unless such actions are undertaken by a licensed professional exterminator.

a) A person may use poison to kill mice and rats, but only within a person’s own enclosed structures.

b) Except when applied by a licensed exterminator, no poison may be used outside, even on a person’s own property, or

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in any way in which a poisoned animal, including rats and mice, can consequently poison other animals. 3. Abusing an animal which includes but is not limited to, maiming, disfiguring, torturing, beating, having sexual contact with, hurting, burning, scalding or cruelly setting upon any animal. 4. Molesting an animal, which includes but is not limited to, teasing, annoying, disturbing, molesting and harassing any animal that is on the property of its owner, or under the control of its owner, or is a stray animal. 5. Using a prod stick, electric shock, chemicals, physical force, starvation, pain or discomfort on an animal in order to make it perform.

a)Exception: 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 shall not constitute cruelty to animals. 6. Using a whip or riding crop in a manner that causes injury to the animal. 7. Chaining an animal to a stationary post, pole or immovable object by means of any instrumentality or other extension device including but not limited to, a chain, tether, coil or rope and leaving such animal unattended.

a) Exception: proper tethering on a trolley as set forth on Article 5, section 5.2 of this Ordinance. 8. Overworking an animal to the point of dehydration, exhaustion or injury. 9. Artificially coloring or dyeing an animal. No person shall artificially color or dye an animal or use any dyes or coloring substance that could be harmful to an animal of any age. 10. Any owner who reclaims an injured animal from Animal Services or Stray Hearts Animal Shelter for the purpose of obtaining immediate treatment by a private veterinarian and who subsequently fails to provide written proof of treatment to Animal Services within five (5) days.

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7-3 Abandonment of Animals A. Abandonment of an Animal. Any person who relinquishes possession or control of an animal in a location where any reasonable person would know the animal has little chance of finding food, potable water, adequate shade and shelter is guilty of cruelty to animals. Abandonment also includes dumping or releasing an animal anywhere or leaving an animal behind when a person moves his residence.

1) An Animal Services Officer may enter onto the property or premises where an abandoned animal is located and may take up such animal for protective care. B. Improper use of a live humane trap. Any person who leaves an animal outdoors in a live humane trap for more than eight (8) daylight hours or twelve (12) nighttime hours; or in any circumstance, for more than twenty-four (24) hours.

7-4 Animal Fighting. A. No person shall promote, stage, hold, manage, conduct, carry on, train for or attend a game, show, exhibition, contest or fight in which one or more animals is injuring, killing, maiming or destroying itself or other animals or attempting to injure, kill, maim, or destroy other animals or people. Any person who attends or observes any animal fight is liable under this ordinance as an accessory if they procure, counsel, aid, encourage, or otherwise promote and support the event whether or not that person paid for entry to the event.

1) The owner of any premises used for animal fighting that knowingly allowed or encouraged animal fighting is in violation of this ordinance.

2) Any person who profits in any manner from an animal fight, including but not limited to on-site vendors or purveyors of illegal gambling concerning an animal fight, in is violation of this ordinance.

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3) Any person who knowingly sells, receives, possesses, transports, loans or gives away any animal used for fighting or animal fighting paraphernalia is in violation of this ordinance.

4) 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.

7-5 Injury to Animal by Motor Vehicle A. Failing to report an injury to an animal caused by a Motor Vehicle. A motor vehicle operator who strikes or runs down an animal shall give aid as is reasonable to render, immediately call 911 and provide the facts regarding the accident and, if possible, the injuries sustained by the animal. The motor vehicle operator may elect to transport the animal to a veterinarian for emergency medical treatment, prior to arrival of emergency services. B. A motor vehicle means every vehicle that is self-propelled including vehicles that are propelled by gasoline, electrical power or other resource. Requirements: 1) The motor vehicle operator should attempt to immediately contact the owner of the animal, if possible. The owner of the animal may immediately transport the animal to a veterinarian.

2) In the absence of the owner, the motor vehicle operator shall give the 911 operator or the Animal Services Officer, or law enforcement sufficient facts relative to the incident to identify the location of the accident, type of animal injured, and name and address of the motor vehicle operator striking the animal.

3) It is the duty of the motor vehicle operator to remain at or near the scene for a reasonable length of time, not to exceed one (1) hour or until such time as the appropriate authorities arrive.

4) Emergency vehicles in the course of emergency duty are excluded from this provision with the exception of reporting the incident.

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7-6 Luring of Animals Prohibited It is unlawful for any person to entice or lure any animal out of an enclosure or off the property of its owner or caretaker or to seize any animal while the animal is on the property of its owner or caretaker, except a law enforcement officer or Animal Services Officer, in the otherwise lawful performance of his/her duties.

7-7 Specific Activities Not in Violation of Article 7 A. To use reasonable force to protect a person or animal from death or injury due to an attack by another animal or vermin; a person should be able to ward off such an attack even if the animal is not trespassing (e.g., if both are on a public property). B. For the owner of an animal to have the animal humanely destroyed by a veterinarian.

1) For a law enforcement officer or veterinarian to humanely destroy an animal in an emergency situation where such destruction is reasonably required to protect public health and safety, or to relieve the suffering of a mortally wounded or injured animal. There shall be no liability by law enforcement or a veterinarian for such acts. C. To engage in legal hunting practices as allowed by state statute and wildlife authorities.

7-8 Control of the Animal and Owner’s Rights A. In the case of a person charged with an offense causing an animal to be subjected to cruelty under Article 7, neglect or abandonment, the Animal Services Officer (ASO) or law enforcement officer may immediately take control of the animal, thereby extinguishing all property rights of the owner, provided the ASO serves written notice to the owner, giving the owner five (5) business days to; 1) declare his intent to maintain ownership of the animal; and 2) pay all impoundment, boarding and veterinary costs, up to the date of the owner’s declaration of intent to maintain ownership of the animal; and

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3) advising the owner of the location of the animal services facility where the animal is housed. 4) The owner’s intent must be stated in writing, signed by the animal’s owner and delivered to the animal services facility boarding the animal. This statement of intent and payment of fees and costs will serve to stop any adoption proceedings, if delivered within five (5) business days of written notice by the ASO. 5) Within ten (10) days of receipt of the statement of intent, or as soon as practicable thereafter, a hearing shall be held before the Magistrate Court of Taos County for a determination of whether the owner should be allowed to retain possession of the animal and for a determination of fines and penalties, including impoundment, veterinary and boarding costs. 6) In the event the owner shall not be allowed to retain possession of the animal by the Court, the owner may still be liable for fines and penalties, including impoundment, veterinary and boarding costs.

7-9 False Reporting prohibited It is unlawful for any person to make a false report to law enforcement or an Animal Services Officer regarding any animal in danger or stray or any supposed violation of this Ordinance.

7-10 Scope of Section It is expressly provided that Article 7 shall apply equally to exotic animals and wild animals in addition to dogs and cats. Violations of Article 7 are punishable by fines and/or imprisonment as set forth in Appendix A.

Article 8

Wild or Exotic Animals; Guard Dogs

8-1 Keeping Wild or Exotic Animals 8-2 Animals Used for Entertainment 8-3 Guard Dogs

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8-4 Livestock 8-1 Keeping Wild or Exotic Animals A. No person shall own, harbor or keep an animal of a species prohibited or protected by Title 50, Code of Federal Regulations, Endangered Species, or by the State of New Mexico, Section 17-2-41 New Mexico Statutes Annotated 1978, as amended. B. No person shall keep an animal which is wild, dangerous, noxious or naturally inclined to do harm. Notwithstanding the foregoing, zoological parks, rehabilitators licensed through the State of New Mexico, veterinary hospitals and humane society shelters are excluded from the provisions of this section, provided the excluded facilities use protective devices adequate to prevent the exotic or wild animals from escaping or injuring the public, and the animals will not be used in any kind of testing or experimentation. These excluded entities are required to treat the exotic and wild animals in their possession in a humane manner as stated in this ordinance. C. Exotic or wild animals shall never be released from captivity in Taos County. D. Animal Services may seize wild or exotic animals and such animal shall become the property of Taos County. The owner of the exotic or wild animal is liable for any costs incurred by the county. E. Animal services or law enforcement may convey an exotic or wild animal seized to any zoo, sanctuary or refuge or dispose of the animal in a humane manner. F. Any provisions of this ordinance to the contrary not withstanding, no person shall receive, own or keep a wild or exotic animal in such a manner as to constitute a likelihood of harm to the animal or other animals, to human beings, to the property of human beings, or which constitutes a public or private nuisance. 8-2 Animals Used for Entertainment Owners of wild or exotic animals, companion animals and livestock used in exhibits, rodeos or circuses, otherwise used for entertainment purposes at any time within Taos County must comply with all provisions of this ordinance.

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8-3 Guard Dogs A. Anyone using or keeping a guard dog must follow the restrictions set forth herein, in addition to all other applicable provisions of this ordinance. B. Any person having a guard dog must have a Guard Dog Site Permit (GDSP). C. The owner of the guard dog must have an Intact Companion Animal Permit for each intact dog. D. The enclosure surrounding the property protected by a guard dog must be secure at all times to prevent the dog from running at large. The escape of a guard dog from the permitted property is a violation of this ordinance and can constitute a basis for revocation of the permit and seizure of the dog. E. The property protected by a guard dog must not be within 250 feet of a school. F. The owner of the guard dog shall post warning signs prominently on all sides of the premises and on the entryway to the premises, stating that a guard dog is on the premises. The signs shall be at least 12 inches by 12 inches. The warning signs shall state “Guard Dog” and “Guardia” and shall show a picture of an aggressive dog. The warning signs shall be posted at every entrance to the site, on all exterior corners, and shall be posted not more than 50 feet apart on the exterior of the fence or walls. G. Vehicles used to transport guard dogs shall be secured so the public is protected from injury, shall be constructed or modified to ensure that the guard dog is transported in a safe, humane manner that does not violate this ordinance, and said vehicle shall be posted with warning signs on each side of the vehicle. H. No breeding of guard dogs is permitted by the permit holder. 8-4 Domestic Livestock Domestic Livestock shall be subject to all provisions provided by New Mexico Statutes Annotated 1978, Sections 77-1-1 through 77-18-4, as amended.

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Article 9

Deceased Animals; Tampering 9-1 Disposal 9-2 Breaking in to Enclosure 9-3 Hindering an Animal Services Officer A. An owner shall dispose of the carcass of a deceased animal within twenty-four (24) hours by burial at least three (3) feet underground in a suitable location or by other means approved by an Animal Services Officer (ASO). B. The ASO is authorized to pick up and dispose of all deceased animals on public property immediately upon discovery or notification. C. The ASO is not responsible for pick up or disposal of domestic livestock or wild animals, or animals killed on interstate highways, state, or county roads but may do so at his discretion. D. An animal carcass picked up under this article shall be disposed of by the County in whatever way is determined to be the most feasible to protect the health, safety, and welfare of the residents of Taos County and in a manner as to minimize expense to the County. 9-2 Breaking in to Enclosure It shall be a violation of this ordinance for any person who shall in any manner break into or aid, directly or indirectly in breaking into the enclosure in which any animal is impounded or kept under authority of an Animal Services Officer (ASO) or law enforcement. Such person may also be subject to criminal prosecution pursuant to New Mexico law. 9-3 Hindering an Animal Services Officer It shall be a violation of this ordinance for any person who shall willfully or intentionally hinder or obstruct any Animal Services Officer in the discharge of his official duty under the provisions of this ordinance. Such person may also be subject to criminal prosecution pursuant to New Mexico state law.

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Article 10 Regulations for Kennels, Grooming Facilities, Pet Shops,

Pet Facilities and Hobby Breeders 10-1 Permits; Standards; Revocation of Permits 10-2 Pet Stores 10-3 Permits: General Provisions 10-4 Permit Holders: General Duties and Requirements 10-5 Litter Permits 10-1 Permits; Standards; Revocation of Permits

A. Maximum Number of Animals per household; Provisional Animal Permit. An individual household or business may keep, maintain, harbor or possess upon its premises up to and including six (6) dogs and/or cats, aged three (3) months or older. To possess a total of ten (10) dogs and/or cats, the owner is required to obtain a provisional animal permit (PAP). The provisional animal permit allows the Animal Services Officer (ASO) the right to inspect the premises, housing, general living conditions of the animals to ensure the animals’ health and safety.

1) If the Animal Services Officer determines that the health and safety of the animals, the humans residing therein or the general public is at risk, the owner may be cited and the impoundment procedures set forth in section 7-8 may be invoked, and/or the owner may be required by the ASO to obtain a kennel permit and/or a litter permit. 2) In the event that impoundment of animals is needed for an individual’s failure to comply with this ordinance, and/or an alleged hoarding situation is suspected, then Animal Services Officers or law enforcement shall contact Animal Protection of New Mexico for guidance on procedures for removal of animals.

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B. Kennel Permit. It shall be a violation of this ordinance to keep, maintain, harbor or possess upon the premises of any one household or business more than ten (10) dogs and/or cats aged three months or older unless the owner has obtained a permit to operate a kennel for the appropriate number of animals, as set forth in Appendix A.

1) An exemption from the kennel permit requirement may be made at the discretion of the Animal Services Officer for those households, businesses or other organizations providing care for an animal, where the animal is to be cared for only temporarily, or fostered, until it is moved to a permanent home. Such exemption shall be documented by the ASO. 2) The cost of obtaining a kennel permit is set forth in Appendix A. Each kennel permit must be renewed annually and a new permit fee paid. 3) No kennel permit shall be issued until an inspection of the kennel by an ASO that certifies compliance with this ordinance. 4) The ASO is authorized to inspect, at any reasonable hour, any kennel holding a permit to operate. By accepting a kennel permit, the permit holder is agreeing to surrender the kennel for inspection at a reasonable time upon the request of an ASO.

C. Minimum Standards for Kennels. All kennels shall, in addition to the other provisions of this ordinance, comply with the minimum standards of this section. Failure to meet these standards shall be grounds for denial of a permit or revocation of a permit. These standards shall also apply to all other professional animal establishments such as grooming facilities, pet shops, pet facilities and animal shelters. The following standards must be met, including payment of the annual permit fee:

1) Leash Law: All animals, other than wild animals not owned by any human, must be restricted at all times by either a secure fence, a secure facility, a secure enclosure, secured in the back of a pickup truck, inside a vehicle with proper ventilation, or be on a leash no longer than eight (8) feet long accompanied by a person able to control the animal. 2) Demonstration of zoning and land use clearance from the Taos County planning department.

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3) Annual inspection of the premises used for keeping animals by an Animal Services Officer. 4) Animal enclosures must be provided which allow adequate protection against all weather extremes. Floors and walls of buildings and indoor runs must be constructed with an impervious material to permit proper cleaning and disinfecting. Living quarters for animals must be waterproof, structurally sound, and have no protrusions that could injure animals. 5) Building temperatures shall be maintained at a comfortable level, between 60 and 80 degrees Fahrenheit. Adequate ventilation and adequate light shall be maintained at all times. All kennel buildings constructed after the effective date of this article shall be required to contain radiant floor heat. Existing kennel buildings must install radiant floor heat within five years of the effective date of this article. Ventilation must be such that there are no drafts in winter, odors or moisture condensation. The general ventilation guideline for the areas in which the animals are confined is ten to fifteen fresh air changes per hour. All kennel buildings constructed after the effective date of this article shall install ventilation systems that adhere to this guideline. Existing kennel buildings that do not meet this guideline must do so within five years of the effective date of this article. 6) Animals maintained in pens, cages or runs for periods exceeding twenty-four (24) hours shall be provided with adequate space to prevent overcrowding and to maintain normal exercise requirements for the species. a) Cages holding cats shall have a minimum of four square feet of flat floor space and twenty-two inches of vertical space. Cats shall always have access to litter. The size of the litter box shall be subtracted when measuring the minimum space required for a cat. b) When there is more than one cat in an enclosure, additional floor and vertical space and resting perches are required. This does not include a cat with kittens. c) Dogs weighing less than thirty (30) pounds shall have eight (8) square feet of flat floor space and two feet of vertical space per dog. d) Dogs weighing between thirty (30) and sixty-five (65) pounds shall have 12 feet of flat floor space and three feet of vertical space per dog.

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e) Dogs that weigh more than sixty-five (65) pounds shall have 24 square feet of flat floor space and three feet of vertical space per dog. f) Any other animals not specifically listed should be provided with adequate space to prevent overcrowding and to allow the animal to maintain normal exercise levels required by the species, size and temperament of the animal. 7) Cages are to be of an impervious washable material and construction that permits adequate cleaning and sanitizing. Heating shall be radiant. Cages shall have a resting board or some type of bedding. Cages for dogs shall have structural divisions suitable to prevent fence fighting. 8) Cleanliness. The entire premises shall be kept clean and in good repair in a manner which will protect animals from disease or injury. Feces and urine must be removed twice daily from companion animal living quarters to prevent odors and possible dangerous or toxic exposure or contamination by fecal matter, mold or internal and external parasites that could harm the animal or cause the spread of disease to other animals or humans. After cleaning, cats shall not be returned to their enclosures until the surfaces have air dried. Soiled bedding must be changed daily. If hosing the enclosures, the animals must be removed and not allowed to come in contact with the dirty, pooled water or wet floors. Animals shall never be squirted with water, as this constitutes cruelty to animals.. Suitable drainage must be provided. There can be no standing water. 9)Hazards. All areas where animals are kept shall be maintained in a manner such that no animal can accidentally or intentionally come into contact with chemicals or other dangerous substances including, but not limited to, antifreeze that could potentially poison an animal. Cleaning supplies and food cannot be stored together. A room or closet must be available to store cleaning supplies. Provisions shall be made for the timely removal and proper disposal of animal and food waste, soiled bedding, dead animals and debris. Disposal facilities and methodology shall minimize vermin infestation, odors, and disease. 10) Exposure to insects and parasites. Areas where the animal will be spending time shall be maintained to minimize the animal’s exposure to fleas, ticks, mosquitoes, wasps, ants, bees, flies or other insects that could potentially cause the animal harm or discomfort.

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11) Animal food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition, age and size of the animal. 12) All animals shall have fresh, potable water available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and be of a removable type and shall be kept clean. 13) Excessive and nighttime noise, including barking, shall be eliminated. 14.Unneutered adult animals shall be segregated by sex, except where otherwise indicated for health or welfare. Animals shall be housed in compatible groups. 15. Vicious, diseased or injured animals and animals that have bitten a person shall be individually caged. 16. Boarding kennels must maintain the services of a locally available Veterinarian and his or her name must be listed on the application for the kennel permit. Boarding kennels will use the listed Veterinarian whenever the animal owner’s Veterinarian is not available.

10-2 Pet Stores A. Pet stores in Taos County will not be allowed to sell dogs, cats, fish, birds, rodents, insects, arachnids, reptiles, exotic or wild animals. B. No pet store shall conduct business within the county without a pet store permit (PSP).

1. The applicant for a PSP must have a valid tax identification number and a county business license. 2. The PSP must attach to a specific real property commercial site.

10-3 Permits: General Provisions A. Permits must be acquired to operate a kennel (Kennel Permit), a companion animal boarding facility (CABFP), a grooming facility (CAGFP), and a guard dog site (GDSP).. Permits must also be acquired to own an

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Intact Companion Animal (ICAP), and to have a litter of kittens or puppies (Litter Permit). B. A permit is not a property right. Animal Services can refuse to issue, revoke, suspend or modify permits, and impose conditions or limits upon the issuance of permits. Permits are not transferable or refundable. The fees for permits are set forth in Appendix A. C. Permits expire one year from the date of issue, except for the Litter Permit which expires six (6) months from date of issue. D. Animal Services shall charge a reasonable inspection fee for compliance inspections. 10-4 Permit Holders: General Duties and Requirements A. Permit holders must comply with all the requirements of this ordinance, county ordinances and zoning codes, state law and federal law. Any violation by a permit holder may result in revocation, suspension or modification of the permit by an Animal Services Officer or law enforcement. B. Inspections. A permitted establishment, other than a residence, shall allow entry and inspection of the permit holder’s premises by Animal Services. Upon presentation of proper identification, an Animal Services Officer shall be allowed to enter any permitted establishment for the purposes of making an inspection of the premises for compliance with this ordinance or an inspection to ascertain the existence or nonexistence of conditions dangerous to the health or safety or otherwise relevant to the public interest. C. The holder of a permit of a permitted activity in a residence may consent to an inspection but also has the right to deny entry for an inspection or schedule the inspection at a convenient time and attempt to prove compliance to Animal Services by means other than an inspection. If Animal Services finds that the permit holder is not in compliance, the permit holder may request an Administrative Hearing to prove compliance to the satisfaction of the Administrative Hearing Officer. Nothing herein limits the authority of the county or other law enforcement authority to seek or obtain a search warrant if there is probable cause of crime on private property. D. The person in charge of the permitted premises shall be allowed to accompany Animal Services on the inspection. Animal Services shall prepare a written inspection report stating whether the premises is in compliance or

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in violation of the requirements of this ordinance. The report shall specify the nature of the noncompliance, and shall be signed by the Animal Services Officer and the person in charge of the permitted premises. A copy of the report shall be provided to the person in charge of the permitted premises at the time of the inspection. E. Records. A current record shall be kept which describes all animals owned, purchased or received by the permit holder and the disposition of each animal. All such records shall be provided to Animal Services upon request as well as any medical records on animals owned, purchased or received by the permit holder. Permit holders who sell, give away, loan transfer or in any way alienate possession or ownership of an animal shall keep records containing the name and address of each recipient, the date of disposition and permanent identification of each companion animal. All required documents shall be kept for three years after the disposition or death of any animal owned by the permit holder. F. Any permitted premised open to the public shall post a sign in a conspicuous place which states that all companion animals in Taos County must be spayed or neutered unless they possess an Intact Companion Animal Permit, and all animals must be permanently identified. Such signs shall be at least 8 ½ inches by 11 inches in size and contain lettering at least 1 inch in height. G. The permit holder shall notify Animal Services of any changes in the status of the permit or the permit holder’s name, address, home and business telephone numbers, or location of the permitted premises. 10-5 Litter Permits A. Companion Animal Litter Permit

1) Owners of female Intact Companion Animals must obtain a Litter Permit prior to the birth of a litter or within one week after the birth of the litter. 2) All female Intact Companion Animals must have an ICAP (Intact Companion Animal Permit) and be microchipped or otherwise permanently identified before a Litter Permit will be issued. 3) No person shall apply for or obtain more than two Litter Permits per household in any twelve month period.

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4) No person shall apply or obtain more than one Litter Permit per female Companion Animal per household in any twelve month period. 5) Litter Permits expire six months from the date of issue. 6) During the time the Litter Permit is in effect and while the litter is with the mother, but for no longer than six months from the time of the birth of the litter, the Litter Permit holder may exceed the animal possession limits in this ordinance. 7) ASOs may waive the Litter Permit fees for rescue groups and fosters. 8) The following Care and Disposition requirements regarding litters of companion animals are in effect whether or not the owner of the litter possesses a Litter Permit:

a) Puppies and kittens shall have at least the first in any series of required vaccinations and be dewormed by a deworming treatment consistent with the size and age of the animal before being transferred to a new owner or otherwise separated from the mother.

b) The Litter Permit holder shall, upon transfer or conveyance of the puppy or kitten, deliver a complete vaccination record to the new owner.

c) The Litter Permit holder shall document and retain for inspection the name and address of each recipient of any litter companion animal once owned by the Litter Permit holder.

d) The Litter Permit holder is liable for medicine and medical costs for any puppy or kitten that is diagnosed as ill by a veterinarian within one week from the date of transfer. The Litter Permit holder shall reimburse the new owner the costs associated with the sick animal, up to the amount of money the puppy or kitten was purchased for. The new owner shall be allowed to keep the animal even if the Litter Permit holder pays the medical costs. The new owner or the Litter Permit holder may appeal to the Administrative Hearing Officer if there is a dispute as to the fact of the illness or the amount of the charges. If the Litter Permit holder does not prevail on appeal, the Litter Permit holder shall reimburse the costs of the appeal to the new owner.

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e) A Litter Permit is required to advertise any Companion Animal under the age of six months for sale, gift, transfer or conveyance, in any local  periodical, flyer or newspaper of general circulation. The Litter Permit number must be included in any advertisement.

f) Advertising without including a valid Litter Permit number shall be a violation of this ordinance. Each day of possession of each animal will constitute a separate offense.

g) Puppies or kittens can only be sold, given as a gift or other transfer or conveyance from the location listed on the Litter Permit. Puppies or kittens being sold or given away on public property or commercial property even with the property owner’s permission are in violation of this ordinance, and the puppies or kittens may be seized.

h) Puppies or kittens shall not be sold to a pet store, animal broker or other animal dealer.

i) Puppies and kittens shall not be released from the permitted premises prior to eight weeks of age.  

 Article 11

Grace Period; Restitution; Saving Clause 11-1 Grace Period 11-2 Restitution 11-3 Saving Clause and Repeal Provision 11-4 Effective Date

11-1 Grace Period Any violation of this ordinance existing on the effective date hereof shall have a grace period of five (5) to ten (10) days at the discretion of the Animal Services Officer to permit the persons to comply with all the provisions herein.

11-2 Restitution Notwithstanding any of the foregoing, in the event that any animal damages property, whether public or private, or causes injury to any person or animal and such damage or injury is found to have been an

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element of the violation of any provision of the ordinance, the Magistrate Court may, at its discretion, require the defendant to make restitution, within a reasonable time, to the victim of said damage or injury.

11-3 Saving Clause and Repeal Provisions If any of these sections, subsections, sentences, clauses, or phrases of this ordinance are for any reason found to be unconstitutional or invalid, the validity of the remaining portions of this ordinance shall not be affected since it is the express intent of the Taos County Board of Commissioners to pass each section separately. Taos County Ordinance No. 2001- is repealed as of the effective date set forth below.

11-4 Effective Date This ordinance will take effect on ___________________, 2014.

APPENDIX A SCHEDULE OF FEES, PENALTY ASSESSMENTS and FINES

Reasonable impoundment, veterinary and boarding fees shall be determined by the animal services facility, depending on the type and care provided.

A. Annual Permit Fees 1. Provisional Animal Permit (PAP) (Owning 6-10 animals)………………$50. 2. Intact Companion Animal Permit (ICAP)………………………………..$100. 3. To Obtain a Litter Permit (LP)………………………………………….$200. 4. To Operate a Breeding Kennel (11-19 dogs or cats) …………………....$100. 5. To Operate a Breeding Kennel (20+ dogs and/or cats)………………....$200. 6. Guard Dog Site Permit (GDSP)………………………………………….$50. 7. Companion Animal Grooming Facility (CAGFP)………………………. $50. 8. Companion Animal Boarding Facility (CABFP)………………………….$100. 9. Pet Store Permit (PSP)…………………………………………………...$100.

A. Penalty Assessments for Violations 1. Running at Large, Trespassing, Nuisance, Non-restraint, Disturbing the Peace, Dangerous Dog, Violation of Provisional Animal Permit, Intact Companion Animal Permit, Litter Permit, Guard Dog Site Permit, Kennel Permit, Companion Animal Grooming Facility Permit,

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Companion Animal Boarding Facility Permit, or Pet Store Permit………………………………………………………………… …….. $100. 2. Neglect, Failure to Provide Care and Maintenance………………………$100. 3. No Rabies Vaccine………………………………………………………….$50. 4. Animal Biting a Person…………………………………………………….$100. 5. Animal attacking or biting another animal………………………………..$100. 6. Failure to have the appropriate permit/permit out of date………………..$100. 7. Failure to have dog/cat spayed/neutered after six (6) months of age…….$100.

B. Subsequent Offenses 1. Penalty for Second Violation……………………………………………. $200. 2. Penalty for Third Violation (mandatory court appearance)……………… $300. For any violation of this Ordinance for which a citation is issued for prosecution in Magistrate Court, the Magistrate Court may impose a fine not to exceed $300.00 or imprisonment for up to ninety (90) days, or both, for each violation, in addition to court costs and other fees, including impoundment fees, as provided by law. Changes in penalty assessments set forth in Appendix A may be made by duly adopted resolution of the Board of County Commissioners. Taos County Animal Services Fund There is hereby created a Taos County Animal Services Fund, wherein all permit fees and penalty assessments for violations of this Ordinance shall be deposited. Said fund shall be administered by Stray Hearts Animal Shelter and shall be dedicated exclusively to programs for free or low cost spaying, neutering and microchipping of companion animals for low and moderate income persons and seniors (age 65+), and for construction of secure fencing for qualified individuals.