Page 1 of 330 The Monthly National Legislation Report 7/5/2010 ...

The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 254 of 3307/5/2010(b) A dog shall be deemed to be running at large when:(1) Not on the premises of the owner, possessor of keeper thereof and not controlled through useof a leash, cord or chain.(2) On the premises of the owner, possessor or keeper, but confined in such a way as to allow thedog to have access to the public right-of-way.c) It shall be the duty of the Animal Control Officer(s) of Eddy County to see that a dog found running at large is taken up and impounded at an appropriate animal shelter, and suchdog may by so taken up without the necessity of filing a complaint and shall be impounded and disposed of in accordance with provisions of this ordinance.(d) Any animal control officer who observes a violation or receives from any person who has personal knowledge that an act or acts which are made unlawful by the provisions of thissection have occurred is hereby authorized to issue a summons and complaint to any person.Violation of this section shall be a petty misdemeanor.(e) Dogs engaged in farming and ranching activities, rescue or law enforcement activities are exempt, such as herding, hunting, and retriever dogs working under the supervision of theowner, or trained dogs assigned to a police officer.Sec. 2.3 Interference with Eddy County Animal Control Officers or Shelter Employees(a) It shall be unlawful for any person to interfere with, molest or hinder any employee of Eddy County or Animal Shelters in the discharge of his or her duty.(b) It shall be unlawful for any person to fail to obey a lawful order of an Eddy County or Animal Shelter code investigator if such failure interferes with the discharge of his or herofficial duties.Violation of this section shall be considered a petty misdemeanor.ARTICLE III. VACCINATIONSec. 3.1 Vaccination of dogs and cats(a) Dogs and cats over the age of three months shall be vaccinated against rabies unless a veterinarian decides that an early vaccination would be dangerous to the animal. The animalshall receive a booster within the 12-month interval following the initial vaccination. Every domestic dog and cat shall be re-vaccinated against rabies with 12 months if a 1-year vaccineis administered or within 36 months in a 3-year vaccine is administered with a rabies vaccine licensed by the United States Department of Agriculture and administered according tolabel recommendations. The “compendium of animal rabies control (CARC), “published by the National Association of Public Health Veterinarians, INC, shall be the reference for theroute of inoculation and the type of vaccine. Copies are available upon request from the department.(b) Approved rabies vaccine shall be administered to the species, by the route and in the amount recommended by the producer of the vaccine and the latest CARC.c Nothing herein shall prohibit the acceptance and recognition for purpose of compliance with this section of the administration of an approved rabies vaccine by a veterinarian licensedin another state.[8/27/79; 10/31/96/ 7.4.2.8 NAC – Rn & A, 7 NAC 4.2.8, 5/30.2003]Sec. 3.2 Certificates(a) The county manager shall authorize certificates and corresponding vaccination tags. These certificates shall provide information necessary to identify the animal and the type ofvaccine used and provided by or under the direction of a licensed New Mexico veterinarian.(b) the tag shall be made of durable material suitable to be attached to the collar or harness of the vaccinated animal. The tags and certificates shall be provided by the county to theveterinarian.ARTICLE IV. PROTECTION AGAINST ANIMALSSec. 4.1 Disposition of Excrement(a) Any person who possesses, harbors or is in charge of any dog or cat shall immediately remove excrement deposited by the animal upon property accessible to the public including butnot limited to highways, thoroughfares, streets, sidewalks, play areas, parks, or upon any private property not controlled by the animal handler.(b) Dog and cat excrement must be placed in trash containers only if contained in a closed plastic bag or other closed or airtight nonporous container.Violation of this section shall be a petty misdemeanor.Sec. 4.2 Damaging PropertyAny owner, possessor or person who keeps any dog, cat or other animal must not permit such animal to destroy, damage or injure any shrubbery, plants, flowers, grass, lawn, fence oranything whatsoever upon any public premises or upon any private premises. In addition to penalties as described elsewhere in the ordinance, the court shall have the power to orderrestitution to any private party and charge replacement cost for damage to public property.Sec. 4.3 Complaint Procedure for Sections Within Article IV(a) Any person who witnesses an act made unlawful by the provisions of sections 4.1 or 4.2 may sign a complaint against the alleged violator pursuant to the provisions of the Ordinance.(b) Any county officer, municipal law enforcement officer or special officer employed by the county is hereby authorized to issue a summons and complaint to any person when theofficer personally observes a violation of the provisions of sections 4.1 or 4.2,Sec. 4.4 Abatement of Nuisances in Sections 4.1 or 4.2Any court having jurisdiction over the property may order ex parte, the owner, possessor or keeper of the dog, cat or other animal to abate the nuisance created under sections 4.1 or 4.2 withinfive (5) days thereafter. Failure to abate the nuisance after the expiration of the five-day period shall be deemed a violation of this Article. Such violation shall be a misdemeanor.Sec. 4.5 Dog Attack or Bite(a) Any person who owns, possesses, keeps or exercises control over any dog shall not:(1) Permit the dog to attack or bite any person or domestic animal not on the premises of suchowner, possessor or keeper.(2) Permit the dog to attack or bite any person or animal upon the premises of the residence ofsuch owner, possessor of keeper or upon the premises of any business establishment not thenopen to the public. It is an affirmative defense to this paragraph if such premises are previouslyposted at each entrance with a prominent and conspicuous sign warning all persons, in letteringnot less than two (2) inches in height, of the dog and if the dog is confined, as that term isdefined herein. It is also an affirmative defense to this paragraph that the attack or bite by thedog was necessary to prevent or apprehend a person engaged in committing an act of violence,robbery or theft upon the property.(3) Permit the dog to attack or bite any person or animal upon the premises of any businessestablishment that is open to the public. It is an affirmative defense to this paragraph that theattack or bite by the dog was necessary to prevent or apprehend a person engaged in committingan act of violence, robbery or theft upon the property.(4) The provisions of this section shall not apply to any law enforcement officer who uses a dogwhile engaged in law enforcement activities, nor to any owner, possessor or keeper.Violation of this section shall be a misdemeanor.Sec. 4.6 Dangerous or Vicious Animals(a) For purposes of this section, “dangerous dog” shall mean any dog with a known propensity of disposition to attack unprovoked, cause injury to or otherwise endanger the safety ofhumans or other domestic animals.Any person who owns, possesses, keeps or exercises any control over a dangerous dog shall keep that animal confined and not permit such dog to go beyond the premises unlesssecurely leashed and muzzled.(b) It is unlawful for any owner to fail to confine a vicious animal except: