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

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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:
The Monthly National Legislation Reporthttp://mnlreport.typepad.com/Page 255 of 3307/5/2010(1) an animal confined within an enclosed automobile, truck or other vehicle not being used as apublic conveyance;(2) an animal in shipment on a public conveyance and properly confined in a shipping containerconspicuously labeled “vicious animal” and constructed in such a manner as to prevent theanimal from biting or attacking humans or other animals;(3) a vicious dog muzzled and on a leash of sufficient strength to keep such animal under controland held by a person capable of controlling the animal.c) Any vicious animal not controlled as required herein shall be destroyed. If the animal has bitten a person or animal within ten (10) days prior to its destructions, the head shall besent to the laboratory for rabies testing.Violation of this subsection shall be a misdemeanor.[8/27/79; 10/31/96; 7A.2.12. NAC – Rn, 7 NAC 4.2.13, 5/30/2003](d) A dog is confined as the term is used in this section if such dog is securely confined indoors or confined in a secure enclosure which meets the following requirements:(1) The enclosure must have secure sides and a secure top, or all sides must be at least eight (8)feet high;(2) The enclosure must have a bottom permanently attached to the sides or sides embedded intothe ground not less than one (1) foot; and(3) The enclosure must be of such material and closed in such a manner that the dog cannot exitthe enclosure on its own.This section does not relieve the owner, possessor of keeper of a dog from the obligation to comply with any section of this Ordinance or other County Ordinance concerning zoningrequirements for fences.Sec. 4.7 Enforcement of Sections 4.5 or 4.6(a) Any person who witnesses an act made unlawful by section 4.5 or 4.6 has been committed may sign a complaint against the alleged violator.Any law enforcement officer, special police officer or animal control officer employed by the County is authorized to issue a summons and complaint to any person when the officerpersonally observes a violation of the provisions of section 4.5 or 4.6 or when information is received from any person who has personal knowledge that an act which is made unlawful bysection 4.5 or 4.6 has occurred.(b) Any court of competent jurisdiction is empowered to hold ex parte hearings to determine whether reasonable grounds exist to believe that a dog may constitute a danger to anyperson or persons if not impounded or destroyed. After the hearing, if the Court finds that reasonable gounds exist, the court is empowered to enter orders, either on its own motion oron the motion of the County Manager, to have the dog destroyed or to seize and impound or continue the impoundment of the dog until the completion of all legal proceedings held incounty court to determine whether a violation of section 4.5 or section 4.6 has occurred. If a dog is ordered to be impounded or destroyed pursuant to the subsection, the person whoowns, possesses or keeps the dog shall be entitled to a hearing in the Magistrate Court within fourteen (14) days of the order to review the propriety of the order.c) The Court, in addition to any punishment under this Ordinance, may order the person who owns, possesses, keeps or exercises control over a dog to confine the dog immediately andcontinuously so as to prevent the dog from attacking or biting any person or animal, or may order such other action, including destruction of the dog, as deemed necessary by the court.Failure to comply with any such order shall be deemed a violation of this section.Sec. 4.8 Application of the Section to Nonresident.The provisions of Article 4 shall apply to animals owned, possessed or kept by residents of the county and nonresidents remaining temporarily in or passing through the county, andto animals brought into the County for exhibition.Sec. 4.9 Nuisance due to noise.Upon complaint of a citizen(s), the County Animal control officer or Sheriff officer shall investigate the noise complaint. The officer shall determine if the dog or cat making the noise isA nuisance and the owner identified. Upon identification of the owner the officer shall upon his discression, either warn or cite the owner for disturbing the peace. If the owner has beenpreviously warned, then a citation shall be issued.ARTICLE V. DOG AND CAT LICENSINGSec. 5.1. License Required for Domestic AnimalsIt shall be unlawful for the owner, possessor or keeper of any domestic dog (Canis familiaris) or domestic cat (Felis catus) over the age of six (6) months to keep, maintain, house orhave in possession within the County, that animal without first having obtained a license for such dog or cat. Such license shall be valid for twelve (12) months from the date of issue.Dogs or cats over the age of six (6) months purchased, obtained or otherwise acquired shall be licensed within thirty (30) days after such acquisition or, if under, within thirty (30) daysalter reaching that age. Individual licenses shall not be required for dogs or cats being held for redemption or sale by a municipal animal shelter, an approved shelter owned andoperated by a tax-exempt humane organization or a licensed pet shop. The possession of a license issued by any incorporated area within the county shall be deemed compliance with thissection.A violation of this section shall be a petty misdemeanor.Sec. 5.2. ApplicationApplication for licenses under this article shall be on forms approved by the County Manager. Upon filing of the application, either in person or by mail, payment of the necessaryfees, and showing proof of rabies immunization, a license for the current year shall be issued to the applicant by the manager or a person designated and authorized to issue the license.Licensed veterinarians may be designated to issue licenses. The license tag shall be attached to the dog or cat by means of a collar or harness, and it shall be unlawful to place this tag onany dog or cat other than the dog or cat for which the license was purchased.Sec. 5.3 Rabies Vaccination RequirementLicenses shall not be issued for any dog or cat unless satisfactory proof of rabies vaccination is presented to the manager, unless such person presents to the County Manager a writtenstatement from a licensed New Mexico veterinarian that vaccination for rabies would be detrimental to the health of the specific dog or cat.All license fees collected shall be remitted or reported to the treasurer of the County or municipality and shall be used for animal control. [8/27/79; 10/31/96; 7.4.2.15 NCA – Rn, 7NCA 4.2.15, 5/30/2003]Sec. 5.4 Fees; Exemptions(a) The annual license fee for dogs and cats shall be as determined by the Board of CountyCommissioners and published as required by applicable laws.(b) The following categories of animals shall be exempt from the licensing fee:(1) One (1) dog and/or one (1) cat owned by any person sixty-five (65) years of age or oldershall be exempt;(2) Guide dogs for the blind and deaf;(3) Service dogs used by the handicapped;(4) Police service dogs;(5) Rescue dogs.Sec. 5.6 IssuanceUpon filing of the application, either in person or by mail, payment of the necessary fees, and showing proof of rabies immunization, a license for the current year shall be issued to the applicantunder this article. The license tag shall be attached to the dog or cat by means of a collar or harness, and it shall be unlawful to place this tag on any dog or cat for which the license was purchased.Sec. 5.7 Duplicate Tags and Certificates.If the license tag issued in accordance with this article is lost or destroyed, a duplicate tag and/or certificate may be issued for the payment of a fee of three dollars ($3.00). Duplicate
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