Animal Control Ordinance

ORDINANCE 2004-05

ANIMAL CONTROL
REPEALED IN IT'S ENTIRELY, AND
NEW TITLE 5 CHAPTER 3 SECTIONS 1-22

WHEREAS, the Village Council of the Village of Capitan, New Mexico is charged with making laws to protect the safety, health and welfare of the Village and its citizens, and;

WHEREAS, domestic pets add to the quality of life enjoyed by the residents, and;

WHEREAS, changes to regulations concerning animals contribute to both the welfare of the citizens and the quality of life of the domestic pets kept in the Village;

NOW, THEREFORE BE IT ORDAINED by the Governing Body of the Village of Capitan, in the County of Lincoln, State of New Mexico in its Regular Meeting this ____ day of ____ 2004, that;

Amended 2002 Code, Title 5 Chapter 3 Sections 1-22 ANIMAL CONTROL is hereby repealed in its entirely, and a new Title 5, Chapter 3, Sections 1 thru 22 is adopted.

PASSED, APPROVED AND ADOPTED this_____day of____ 2004.

VILLAGE OF CAPITAN
COUNTY OF LINCOLN
STATE OF NEW MEXICO

Steven M. Sederwall, Mayor

ATTEST:
Anna Gail Grassie, Village Clerk/Treasurer

CHAPTER 3

ANIMAL CONTROL

SECTION:

5-3- 1:   Definitions
5-3- 2:   Application Of Chapter
5-3- 3:   License And Vaccination Requirements
5-3- 4:   License Fees; Exceptions
5-3- 5:   Running At Large Prohibited
5-3- 6:   Pound Established
5-3- 7:   Impoundment And Release Procedures; Fees
5-3- 8:   Confinement Of Biting Dogs Or Cats
5-3- 9:   Complaint Filed In Municipal Court
5-3-10:   Release From Pound; Destruction Of Animal
5-3-11:   Disposal Of Animal Of Unknown Owner Or Keeper
5-3-12:   Animal Nuisances
5-3-13:   Cruelty To Animals
5-3-14:   Confinement Or Muzzling During Rabies Danger
5-3-15:   Female Dogs Or Cats In Heat
5-3-16:   Vicious Dogs
5-3-17:   Killing Or Injuring Livestock; Owner Responsibility
5-3-18:   Keeping Livestock, Restricted Area
5-3-19:   Encouraging Dog Fights Prohibited
5-3-20:   Interference With Enforcement Officials
5-3-21:   Failure Of Owner To Dispose Of Dog Or Cat
5-3-22:   Prosecution Of Owner Or Keeper; Notice Not Required

5-3-1:   DEFINITIONS: For purposes of this chapter, the following terms shall have the meanings ascribed to them in this section:

ANIMALS:   Any and all types of animals, both domesticated and wild, male and female, singular and plural, including fowl.

BITE OR BITTEN:   An actual puncture or tear of the skin inflicted by the teeth of an animal.

CAT:   Any male or female feline over three (3) months of age.

DOG:   Any dog, bitch, or whelp over three (3) months of age.

EXPOSED TO RABIES:   A dog or cat is considered exposed to rabies if it is known that the dog or cat has been in contact with an animal known or reasonably    suspected to have rabies.

FERAL ANIMAL   An animal or reptile that is wild by nature and, under normal circumstances, cannot be domesticated or controlled. This definition of feral does not include birds, small rodents, or small nonpoisonous reptiles commonly used for education or experimental purposes or for pets.

IMMEDIATE   Regulation and supervision of an animal by a
CONTROL:   person present with the animal such that the    animal is unable to run or get loose at will.

NEUTERED:   Any male animal which has been spayed, castrated or otherwise surgically altered so that it is incapable or reproduction.

NUISANCE:   Shall mean, but is not limited to, defecation,    urination, disturbing the peace, emitting noxious or offensive odors or otherwise endangering or offending the well being of the inhabitants of the village.

OWNER:   Any person, group of persons or corporation owning, keeping or harboring an animal.

RUNNING AT LARGE:   An animal will be deemed "running at large" when it is off the property of its owner and not under the immediate control of a competent person.

SPAYED FEMALE:   A female dog or cat which has been operated upon by a licensed veterinarian to prevent conception permanently, as attested to by a document signed by the veterinarian to the effect that such an operation has been performed.

VACCINATION:   An injection of vaccine, approved by the state board of public health and administered by or under the supervision of a licensed veterinarian for the purpose of immunizing an animal against rabies.

VICIOUS ANIMAL:   A animal that bites or attacks human beings or other animals without provocation either on public or private property, or approaches any person in an apparent attitude of attack upon the streets, sidewalks or any other public ground or place. (Ord. 80-1, 2-11-1980; amd. 1981 Code § 6-8-1)

5-3-2:   APPLICATION OF CHAPTER: This chapter, except where otherwise noted, shall apply to all dogs and cats within the corporate limits of the village over the age of three (3) months. (Ord. 87-7, 9-14-1987; amd. 2002 Code)

5-3-3:   LICENSE AND VACCINATION REQUIREMENTS:

A.   License Required:

1. The owner or keeper of any dog or cat within the corporate limits of the village shall secure a license for the dog or cat from the clerk on or before the time the dog or cat reaches age of three (3) months. Licenses can be purchased for one (1) year or three (3) years upon proof of a one (1) year or (3) three year rabies vaccination.   Three years license will be three times the annual fee.

2. New residents of the village shall have thirty (30) days from their entry into the village to secure any license required under this chapter.

B.    Rabies Vaccination Required:

1. The owner or keeper of every dog or cat within the village shall have such dog or cat vaccinated against rabies. Prior to applying for a license, and shall maintain current rabies vaccinations.   No license will be issued without proof of current vaccinations.

2. Dogs or cats acquired or brought into the village shall be vaccinated within thirty (30) days after their entry into the village.

3. The vaccination required under this chapter shall be administered by or under the supervision of a licensed veterinarian.

C.   Prerequisite To Issuance Of License; Form Of Application:

1. No application for a dog or cat license will be accepted unless the applicant shall exhibit to the clerk a certificate from a licensed veterinarian stating the name and address of the veterinarian, the type of vaccine used, the name and address of the owner or keeper of the dog or cat, a description of the dog or cat vaccinated, the date of vaccination and the expiration date of the period of immunity.

2. All applications for licenses shall be made on forms provided by the clerk.

D.   Issuance Of Tags: It is the duty of the clerk to deliver or cause to be delivered to each person complying with the licensing provisions of this chapter a dog or cat tag for each dog or cat licensed and vaccinated. The Village Clerk may designate appropriate agents to issue said tags, including, but not limited to, impound facilities and licensed veterinarians.

E.   Description Of Tag:

1. The dog or cat tag provided for in this chapter shall be of such size, shape, color and material as may be deemed expedient and suitable by the clerk.

2. All tags issued shall be serially numbered with the number for each particular license stamped thereon and shall also indicate the year for which the license is issued and the words, "Capitan, New Mexico".

F.   Attachment Of Tag To Collar: Every owner or keeper of a dog within the village shall place upon such dog a collar or harness made of durable material to which the dog tag provided for in this chapter shall be attached. Cats are not required to wear collars, but the Village license shall be produced by the owner or keeper of the cat upon demand by the animal control officer, or peace office.

G.   Compliance With Licensing And Vaccination Provisions Required:

1. It shall be unlawful for any person who has not complied with the licensing and vaccination provisions of this chapter to own or keep a dog or cat within the corporate limits of the village, except that the owner or keeper of a dog or cat need not comply with the vaccination provision only if he has a certificate of vaccination issued by a veterinarian in another state or foreign country and such vaccination conforms to the requirements of this chapter.

2. Failure to comply with the licensing and vaccination provisions of this chapter shall subject such owner or keeper to penalty as provided in section 1-4-1 of this code, and each day's failure to comply is a separate offense.

H.   Record Of Tag Issuance; Duplicates; Transfers:

1. The clerk shall keep a record of the date of issue of each dog or cat tag and the person to whom such tag was issued and the number thereof.

2. If the dog or cat tag is lost or destroyed, a duplicate tag may be obtained from the clerk upon the payment of a fee of five dollars ($5.00).

3. In the event that the ownership of a dog or cat is changed, a new dog or cat tag must be obtained and such new tag shall be issued by the clerk upon presenting proof of compliance with the vaccination and licensing requirements of this chapter.

I.   Authentic Tag Worn By Licensed Dogs And Cats: No person owning or keeping a dog or cat within the corporate limits of the village shall affix to the collar or harness of any dog or cat, or permit to remain so affixed, a tag evidencing licensing and rabies vaccination -except a dog or cat tag applied for and issued in accordance with the provisions of this chapter. (Ord. 80-1, 2-11-1980; amd. 2002 Code)

5-3-4:        LICENSE FEES; EXCEPTIONS:

A.    Fees will be set by Resolution by the Governing Body of the Village of Capitan.

B.   Exemptions: No license fees shall be charged for any guide dog trained to lead a blind person or for any hearing aid dog trained to aid a deaf person. (Ord. 87-7, 9-14-1987; amd. 1998 Draft § 6-8-4; 2002 Code)

5-3-5:   RUNNING AT LARGE PROHIBITED: It is unlawful for any owner or keeper of any dog in the village to permit the same to run at large within the corporate limits of the village. A dog shall be deemed to be running at large when it is off or away from the premises of the owner or keeper of the dog or his agent or servant or a member of his immediate family, if the dog is not controlled either by leash, cord or chain.

5-3-6:   IMPOUND FACILITIES: The Board of Trustee may establish a dog pound for the village to be operated by the village personnel, or contract with a public or private person or organization for the operation of an impound facility for and on behalf of the village. (Ord. 80-1, 2-11-1980)

5-3-7:       IMPOUNDMENT AND RELEASE PROCEDURES; FEES:

A.   Impoundment Authority:    I

1. The animal control officer or any other peace officer may impound any dog or cat which is not wearing a tag and any animal which they reasonably feel to be in violation of any provision of this chapter, whether such animal is required to wear a tag or not.

2. It is lawful for the animal control officer or any other peace officer having probable cause to believe there has been a violation of this chapter to go upon private property for the purpose of catching any animal to be impounded. (Ord. 80-1, 2-11-1980; amd. 2002 Code)

B.   Expired License Or Vaccination Tag:

1. In the event an animal is impounded with an expired license, a new license and tag will be issued by the Village Clerk or his or her designated agent, before the animal shall be released.

C.   Release To Owner; Payment Of Fees:

1. If the owner is determined, the animal will be released to the owner or representative upon payment of the fees established by the impound facility policies, as amended from time to time.

2. Any owner or keeper of a dog or cat desiring to redeem such dog or cat from the pound shall pay fees established by the impound facility including, but, not limited to, vaccination fees, adoption fees, fees for boarding of the animal, and any sterilization deposit required by State Law.

D.   Adoption Or Destruction: The animal shall be held for adoption or destruction in accordance with the established procedures of the impound facility.

E.   Property Owner Authority To Impound: Any person finding any animal upon his property, to his injury or annoyance, may take upon    the same and remove it to any private or other animal shelter that will take possession of it. If no such shelter is available, he may hold such animal in his own possession, and as soon as possible notify the police department or animal control officer of this custody, giving a description of the animal and the name of the owner if known.    (1981 Code § 6-8-6)

5-3-8:   CONFINEMENT OF BITING DOGS OR CATS: The owner or    keeper of any dog or cat which has bitten or which is suspected to have bitten any person, or which is suspected of having rabies, shall immediately notify the animal control officer or any other peace officer of such fact. Any dog or cat which has bitten or which is suspected to have bitten any person, or which is believed to have rabies or to have been exposed to rabies, shall be confined, upon order of the animal control officer or any other peace officer, for a period of ten (10) days for observation. Such dog or cat shall either be confined at the residence of the owner or keeper thereof, if such confinement can be accomplished without exposing the   dog or cat to the public; or, at the option of the animal control officer or any   other peace officer, such dog or cat shall be confined at the village pound   or at a private veterinary hospital at the expense of the owner or keeper thereof. It is unlawful for any owner or keeper of such dog or cat to permit such dog or cat, during confinement to come into contact with the public. (Ord. 80-1, 2-11-1980; amd. 2002 Code)

5-3-9:   COMPLAINT FILED IN MUNICIPAL COURT: If a dog or cat is impounded, the animal control officer or any other peace officer may institute proceedings in the municipal court on behalf of the village against the owner or keeper of such dog or cat, if he is known, charging the owner or keeper with a violation of the appropriate chapter section. Nothing herein contained shall be construed as preventing the animal control officer, any other peace officer, or any citizen from instituting a proceeding in the municipal court of the village for violation of this chapter where there has been no impoundment. (Ord. 80-1, 2-11-1980; amd. 2002 Code)

5-3-10:   RELEASE FROM POUND; DESTRUCTION OF ANIMAL: If a complaint has been filed in the municipal court of the village against the owner or keeper of any impounded dog or cat for a violation of this chapter, the dog or cat shall not be released from impoundment except by orders from the municipal judge. In addition to any penalties which may be provided for in this chapter for a violation of this chapter, the municipal judge shall require the owner or keeper to pay the fees provided for in this chapter and may, upon finding that the dog or cat constitutes a nuisance or that the dog is vicious, or that the dog constitutes a clear and present danger to the citizens of the community, order that the dog be destroyed in a humane manner by such persons or facilities as may be authorized by the Village.

5-3-11:   DISPOSAL OF ANIMAL OF UNKNOWN OWNER OR KEEPER: If a complaint has not been filed in municipal court because the owner or keeper of an impounded dog or cat is not known or cannot be located and such dog or cat has not been claimed within a minimum of three (3) days for unlicensed and five (5) days for licensed dogs or cats, not counting the first day of impoundment, the dog or cat may be disposed of in any humane manner prescribed by the animal control officer or by such other persons as are authorized to do so by the mayor. (Ord. 80-1, 2-11-1980; amd. 2002 Code)

5-3-12:    ANIMAL NUISANCES:

A.   Barking, Noise: Any animal habitually or continuously barking, howling, or otherwise disturbing the peace and quiet of the inhabitants of the village, or kept or maintained in such a manner or in such numbers as to disturb by noxious or offensive odors, or otherwise endanger the health and welfare of the inhabitants of the village, are declared to be an animal nuisance.

B.   Maintaining Animal Nuisance: It shall be unlawful for any person to keep, harbor, or maintain an "animal nuisance" as herein defined within the village.

C.   Complaints: All complaints filed pursuant to this section shall be in writing, signed by the complainant, stating name and address of complainant and giving name and address of persons permitting the nuisance to occur and to continue. (2002 Code)

5-3-13:    CRUELTY TO ANIMALS: It shall be unlawful for any person to torture, torment, deprive of necessary sustenance, cruelly beat, mutilate, or cruelly drive or kill any animal, or unnecessarily fail to provide the same with proper food or drink or to cruelly drive or work the same when unfit for labor or known to be diseased, or to abandon any animal within the village limits, or commit any act which is defined by the State of New Mexico as cruelty or extreme cruelty to animals.

5-3-14:   CONFINEMENT OR MUZZLING DURING RABIES DANGER: Whenever the mayor, or any person designated by him for such purpose shall be of the opinion that any danger from hydrophobia in the village or other danger exists from dogs or cats running at large within the village, he shall issue his proclamation requiring every owner or keeper within the village to confine and/or securely muzzle the same for such time as he may designate, during which time it is unlawful for any dog or cat to be within the village unless so securely muzzled with a good and substantial wire or leather muzzle securely fastened so as to prevent any dog or cat from biting. It shall be the duty of the animal control officer and all other peace officers of the village to impound any dog or cat that may be found during the time so designated by the mayor unless the dog or cat is muzzled and/or confined as herein provided. (Ord. 80-1, 2-11-1980; amd. 2002 Code)

5-3-15:   FEMALE DOGS OR CATS IN HEAT: Any unspayed female dog or cat, while in heat, shall be securely confined during such period in the owner's yard, pen or other enclosure. Such yard, pen or other enclosure shall be so constructed and/or situated so as to prevent other dogs or cats from gaining access to it. (Ord. 80-1, 2-11-1980; amd. 2002 Code)

5-3-16:   VICIOUS ANIMALS: No person shall own, keep or harbor a "vicious animal", as defined in section 5-3-1 of this chapter, within the village. The animal control officer and all other peace officers shall impound any animal which is a vicious animal. In the event that a vicious animal cannot be impounded by the animal control officer or any other peace officer without the animal control officer or any other peace officer exposing himself to danger of personal injury from such animal, the animal control officer or any other peace officer may destroy such animal without notice to the owner or keeper thereof. (Ord. 80-1, 2-11-1980)

5-3-17:   KILLING OR INJURING LIVESTOCK; OWNER RESPONSIBILITY: If any dog shall kill or injure any livestock, the owner or keeper of such dog shall be liable for all damages that may be sustained thereby, to be recovered by the party so injured before the municipal court or any other court having competent jurisdiction, and it shall be unlawful to keep such dog after it is known that the dog is liable to kill livestock, and it shall be the duty of the owner or keeper to kill, or have killed, the dog upon the order of the court after a finding that the dog has killed or injured livestock; and provided further, it shall be the right of any owner of livestock so killed or injured by the actions of any dog to kill the dog while it is upon the property controlled by the owner of the livestock. (Ord. 80-1, 2-11-1980)
5-3-18:   KEEPING LIVESTOCK, RESTRICTED AREA:

A.   Certain Livestock Prohibited: It shall be unlawful for any person, firm, copartnership, association, or corporation to keep, cause, or permit to be kept, or to confine one or more horses, mules, burros, cows, goats, sheep, swine or other livestock at any place within the boundaries of the restricted area of the village of Capitan, as hereinafter defined. (Ord. 64-02, 8-21-1964; amd. 2002 Code)

B.   Restricted Area: The restricted area of the village generally used for business or residential purposes, and within which the keeping or confinement of livestock is hereby prohibited, shall be that portion of the village within the following boundaries, as delineated upon the map of the village filed with the village clerk:

Beginning at the corner of Smokey Bear Blvd and Forest within the village of Capitan; thence, east to Bonito Avenue; thence South to Fourth Street; thence, west on Fourth Street to Lincoln Avenue; thence, south on Lincoln Avenue to Fifth Street; thence, west on Fifth Street to Forest; thence, north on Forrest to Smokey Bear Blvd, the point of beginning.

C.   Exceptions: Nothing in this section shall be construed as regulating or prohibiting the keeping and confining of dogs or cats in the restricted area.

D.   Penalty: A violation of the provisions of this section is a misdemeanor, and every person, firm, co-partnership, association, or corporation so convicted shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 64-02, 8-21-1964; amd. 2002 Code)

5-3-19:   ENCOURAGING DOG FIGHTS PROHIBITED; COCKFIGHTING PROHIBITED: No person shall cause, instigate or encourage any dog fight within the village. Cockfighting is illegal in the Village, and no person shall cause, instigate, encourage or water on any cockfight in the Village.

5-3-20:   INTERFERENCE WITH ENFORCEMENT OFFICIALS: It is unlawful for any person to interfere with, molest, hinder or obstruct the animal control officer or any police officer in the discharge of their official duties under this chapter. (Ord. 80-1, 2-11-1980; amd. 2002 Code)

5-3-21    FAILURE OF OWNER TO DISPOSE OF DOG OR CAT: The owner or keeper of any vicious or rabid animal, the keeping of which is unlawful, shall have a duty to have such animal euthanatize. Failure to comply with this section shall subject such owner or keeper to penalty as provided in section 1-4-1 of this code, and each day's failure to comply is a separate offense. (Ord. 80-1, 2-11-1980; amd. 2002 Code)

5-3-22:   PROSECUTION OF OWNER OR KEEPER; NOTICE NOT REQUIRED: For the purpose of prosecution for violations of this chapter, it shall not be necessary in order to obtain a conviction to prove notice or knowledge on the part of the owner or keeper of the dog or cat in question that such dog or cat was in violation of any of the provisions of this chapter at the time and place charged; it being the purpose and intent of this chapter to impose strict liability upon the owner or keeper of any dog or cat for the actions, conduct and conditions of such dog or cat. (Ord. 80-1, 2-11-1980; amd. 2002 Code)

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