CHAPTER 90
ANIMALS Revised 4/12 Revised 1/13
Section
General Provisions
90.01 Title; legislative intent
90.02 Definitions Revised 1/13
90.03 Administration
90.04 False reports
90.05 Hindering officers
Specific Regulations
90.15 Rabies vaccination
90.16 Animals biting Revised 1/13
90.17 Potentially dangerous, dangerous, and vicious dogs
Revised 4/12 Revised 1/13
90.18 Confinement of animals; running at large Revised 4/12
90.19 Cat spay and neuter requirements; intact cat permit; dog and cat licenses; tags
90.20 Number of animals permitted Revised 4/12 Revised 1/13
90.21 Transportation requirements
90.22 Animals disturbing the peace
90.23 Animals assisting the disabled
90.24 Cruelty prohibited
90.25 Injury by motor vehicles
90.26 Animal fights prohibited
90.27 Wild or exotic animals
90.28 Dead animals Revised 1/13
90.29 Domestic livestock
90.30 Live animal exhibitions Revised 1/13
Impounding Procedures
90.45 Procedure; officers’ duties
90.46 Strays; notice required Revised 1/13
90.47 Appropriate fees; records
90.48 Disposition of animals
90.49 Adoption of animals
90.99 Penalty
GENERAL PROVISIONS
Revised 4/12
90.01 TITLE; LEGISLATIVE INTENT.
(A) This chapter shall be known and may be cited as the “Animal Control Chapter.”
(B) It is the intent of the governing body that enactment of this chapter will protect animals from neglect
and abuse, protect residents from annoyance and injury, promote the health, safety and welfare of the
residents, assist in providing control of animals, and finance the function of licensing and recovery of the
animals.
(’87 Code, § 11-1-1) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 11-09)
Cross-reference:
Animal rescues, animal shelters, boarding kennels, boarding services, commercial kennels, hobby breeders,
pet aquatic facilities, pet day care facilities, pet day care services, pet sitting services, pet stores, training
kennels, grooming parlors, and grooming services, see Chapter 116
90.02 DEFINITIONS. Revised 1/13
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning. Definitions found in Chapter 116 also apply to Chapter 90. Definitions apply
whether or not capitalization is used.
ABANDONMENT. To desert deliberately and give up all interest in the supervision or care of an animal or
animals.
ANIMAL. Any dog or cat or any vertebrate or invertebrate (excluding man).
ANIMAL CONTROL OFFICE or ANIMAL CONTROL or RRAC. The administrative building and the
administrative staff directed by the Rio Rancho Police Department Animal Control Division.
ANIMAL CONTROL OFFICER or ACO. The person duly appointed to that position by the Chief of Police.
ANIMAL CONTROL SHELTER or RIO RANCHO ANIMAL CONTROL SHELTER. Any pound, lot,
premises or building maintained for the care and custody of animals by the City Police Department.
ANIMAL FIGHTING PARAPHERNALIA. Equipment that any reasonable person would ascertain is used
for animal fighting purposes which includes, but is not limited to (1) instruments designed to be attached
to the leg of a bird, such as a boxing glove or mitt, knife, gaff, or other sharp instrument, (2) items to train
and condition animals to fight including, but not limited to, hides or other material used as hanging
devices to strengthen and/or condition fighting dogs, wooden bite sticks or handles used to pry open the
jaws of dogs, performance enhancing drugs or substances, or food or water additives commonly
administered to the fighting dogs by animal fighters, and/or (3) the presence of any animal that appears to
be a fighting animal alone or together with animals suspected of being used as bait animals including but
not limited to rabbits, cats, and other dogs.
ANIMAL ORGANIZATION. Any private group that buys, sells, transfers, adopts or exchanges animals
including but not limited to pet stores, hobby animal breeders, animal rescues, private animal shelters,
and animal foster care providers excluding the Rio Rancho Animal Control Shelter.
ANIMAL RESCUE. Any person or group who accepts companion animals for the purpose of finding a
permanent adoptive home for the animals and does not maintain a central facility for keeping animals, but
rather uses a system of fostering in private homes, or boarding or keeping in licensed pet animal facilities.
This definition does not include wildlife rescue and rehabilitation services.
ANIMAL SHELTER. A facility used to house or contain six or more stray, homeless, abandoned or
unwanted animals and that is owned, operated or maintained by an established animal humane
organization, animal welfare organization, organization for the prevention of cruelty to animals or other
nonprofit organization, or by a person or persons devoted to the welfare, protection or humane treatment
of animals. This definition does not include wildlife rescue and rehabilitation facilities.
BAIT ANIMAL. An animal used to train and/or condition other animals to fight and includes but is not
limited to dogs, cats, rabbits exposed to attack by other animals used or trained to be used in fighting or
to make the attacking animal more confident and aggressive.
BITE. A puncture or tear of the skin inflicted by the teeth of any animal.
CONTINUOUSLY or CONTINUAL. Continuing without interruption for a period of 10 minutes, and/or
interrupted then starting again where the animal noise occurs in each of the 10 one-minute period
intervals.
DANGEROUS DOG. Any dog which, when unprovoked, inflicts an injury which is a serious injury to a
person, domestic animal, or livestock.
DOMESTIC ANIMAL. Any dog, cat, ferret, or domestic livestock.
DOMESTIC FOWL. Any bird commonly known as a guinea, duck, turkey, or goose. Chickens are
expressly excluded from this definition.
DOMESTIC LIVESTOCK. Any of the large or small livestock, including but not limited to horses, cattle,
mules, donkeys, burros, swine, goats, and sheep.
ENCLOSED LOT. Any parcel of land or portion thereof in private ownership around the perimeter of
which a wall or fence has been erected.
ESTRAY. (See STRAY.)
EXOTIC ANIMAL. Rare or different from ordinary domestic animals or not indigenous to the state.
EXPOSURE TO RABIES. The exposure resulting from a bite by an animal susceptible to rabies, or from
contact with the saliva, blood, or peritoneal fluid of such animal.
FERAL. A domesticated animal which has reverted back to its wild nature.
HOBBY BREEDER. Any person who either causes or allows a dog, cat, guinea pig, chinchilla, sugar
glider or rabbit to be bred; or any person who either causes or allows any animal subject to an unaltered
animal permit issued under Section 90.46(D) to breed.
HOUSEHOLD. A group of people who dwell under the same roof.
INTACT CAT PERMIT. A permit required allowing a cat to remain intact if the cat meets qualifications set
forth in Section 90.19.
LEASH. A chain, strap or cord specifically manufactured to be attached to the harness or collar of an
animal, made of sufficient substance to keep the attached animal under control by the person holding the
leash.
LONG RECALL. An obedience training exercise in which the dog is trained to sit or lay down, stay, and
then to come to the owner upon demand from a distance of more than eight feet.
OBVIOUS SIGNS OF PET OWNERSHIP. A domestic animal which, at the time the animal is taken up
and impounded, is wearing a collar or harness, whether or not the animal is wearing license or
immunization tags, or which has been tattooed or which has been implanted with a microchip
identification device.
OWNER. A person who owns, possesses, or exercises control or custody over an animal, or if that
person is under the age of 18, that person’s parent or guardian. If an animal has more than one owner,
each shall be considered an owner and subject to the provisions of this chapter. Any person acting as the
agent of the owner, or any person over the age of 18 in a household who is left in charge of an animal,
may also be deemed the owner.
PET. An animal which exhibits obvious signs of pet ownership.
PET STORE. Any commercial establishment or premises or part thereof maintained that acquires through
purchase, consignment, donation, importation or breeding, live animals including mammals, birds, reptiles
or fish but excluding livestock and offers these animals to the public or other commercial outlets for the
purchase, sale, exchange, barter, trade or transfer. This definition shall not include livestock auctions,
livery stables, or the operating residence of a hobby breeder.
POTENTIALLY DANGEROUS DOG. A dog that may reasonably be assumed to pose a threat to public
safety as demonstrated by the following behaviors:
(1) Chasing or menacing a person or domestic animal or livestock in an aggressive manner and
without provocation; or
(2) Acting in a highly aggressive manner within a fenced yard or enclosures and appearing able
to jump out of the yard or enclosure.
(3) Any dog which, when unprovoked, inflicts an injury which is less than a serious injury to a
person, domestic animal, or livestock.
PREMISES. A parcel of land owned, leased, rented or controlled by any person, legal or natural. The
parcel of land may include a structure.
PROPER ENCLOSURE. Secure confinement indoors or outdoors, such as in a fenced yard, locked pen
or other structure, that is designed to prevent the animal from escaping the confined area but does not
include chaining, restraining or otherwise affixing the animal to a stationary object.
RABIES VACCINATION. Protection provided against rabies by inoculation with anti-rabies vaccine
recognized and approved by the U.S. Department of Agriculture, Bureau of Animal Industry, State of New
Mexico Rabies Act of 1959, given in amounts sufficient for requirements recommended by NMAC
Chapter Seven.
REASONABLE. What conventional wisdom would deem as justifiable or explainable, i.e., being within
the bounds of reason.
RUN AT LARGE. To be free of control beyond the boundaries of the premises of the owner.
SERIOUS INJURY. A physical injury that results in broken bones, multiple bites or disfiguring lacerations
requiring sutures or reconstructive surgery.
STRAY. Any animal which is off and away from its home unattended, and running at large within the city,
and/or any animal for which there is no owner, or the owner cannot be found or determined.
UNALTERED ANIMAL. An animal which has not been sterilized.
UNREASONABLE. What conventional wisdom would deem as unexplainable or unjustified, i.e., not
being guided by reason.
VICIOUS DOG. Any dog which kills or seriously injures a person or a domestic pet or livestock.
Any animal that bites, attacks or attempts to attack any person, or a domestic pet, or livestock
who is unlawfully upon its owner’s or keeper’s premises, or which is provoked to attack, shall not
be deemed a VICIOUS DOG.
WILD ANIMAL. Any animal or species that, in their natural life, are wild, dangerous or ferocious and
though they may be trained and domesticated will remain dangerous to others and may injure or kill a
citizen in the city. Those animals, however domesticated, shall include but are not limited to:
(1) Dog family (canidae), such as, but not limited to, wolves, foxes, coyotes, dingoes and jackals,
all except domestic dogs;
(2) Cat family (felidae) such as, but not limited to, lions, panthers, mountain lions and wild cats,
all except the commonly accepted domesticated cats;
(3) Bears (ursidae), all bears;
(4) Weasels (mustelidae), such as, but not limited to, weasels, martins, mink, wolverine,
badgers, otters, ermine and mongoose, all except the commonly accepted domesticated ferrets;
(5) Raccoons and ring-tailed cats;
(6) Primates (hominidae), all subhuman primates;
(7) Porcupines (erethizontidae);
(8) Skunks;
(9) Snakes which are venomous or dangerous;
(10) Venomous lizards, alligators and crocodiles; and
(11) Venomous fish and piranha.
(’87 Code, § 11-1-2) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027;
Am. Ord. 06-09; Am. Ord. 11-09; Am. Ord. 12-33)
90.03 ADMINISTRATION.
(A)(1) The Chief of Police is responsible for the administration of the provisions of this chapter.
Reasonable rules and regulations shall be prescribed by the Chief to carry out the intent and purpose of
this chapter pursuant to the standards created by the governing body. Powers delegated to the Chief may
be delegated by the Chief to the duly appointed animal control officers as he may deem expedient.
(2) The Chief of Police shall appoint animal control officers. The animal control officers shall be
concerned primarily with the health and safety of the citizens of the city as affected by animals,
and with the health and safety of animals within the city limits.
(’87 Code, § 11-2-1)
(B)(1) Police officers and animal control officers shall have the authority to issue citations whenever there
is probable cause to believe there exist violations of this chapter and to perform other duties as are
prescribed by the Chief of Police.
(2) Animal control officers shall have the authority, and are directed to investigate upon probable
cause, any alleged violation of this chapter or of any law of the state relating to the care,
treatment, control and prevention of cruelty to animals. Animal control officers are authorized to
inspect premises within the city limits as necessary to perform their duties. If the owner or
occupant of the premises objects to inspection, a warrant shall be obtained from a court of
competent jurisdiction prior to inspection. No warrant shall be necessary if probable cause exists
to believe that there is an emergency requiring the inspection or investigation.
(’87 Code, § 11-2-2)
(Ord. 81-9; Am. Ord. 91-016; Am. Ord. 11-09)
90.04 FALSE REPORTS.
It is unlawful for any person to make a false report to the city regarding any animal in danger or stray or
regarding any alleged violation of this chapter.
(’87 Code, § 11-6-10) (Ord. 81-9; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 11-09)
Penalty, see § 90.99
90.05 HINDERING OFFICERS.
(A) Any person who shall break into or in any manner, directly or indirectly, aid in breaking into the
enclosure in which any animal is impounded shall be guilty of a petty misdemeanor. (’87 Code, § 11-10-1)
(B) Any person who shall willfully or intentionally hinder or obstruct any animal control officer in the
discharge of his official duty under the provisions of this chapter shall be guilty of a petty misdemeanor.
(’87 Code, § 11-10-2)
(Ord. 81-9; Am. Ord. 85-143; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 11-09) Penalty, see § 90.99
SPECIFIC REGULATIONS
90.15 RABIES VACCINATION.
(A)(1) Any person owning an animal which is over the age of three months and for which there is a state
approved rabies vaccination shall have the animal vaccinated against rabies. The rabies vaccination shall
be given in amounts sufficient to provide immunity from rabies for at least one year and a maximum of
three years. The vaccination shall be administered by a licensed veterinarian. The animal shall be
vaccinated in accordance with the recommendations given in the “Compendium of Animal Rabies
Control” published by the National Association of State Public Health Veterinarians as described in NMAC
Chapter 7. A certificate from a licensed veterinarian shall be evidence of vaccination.
(2) The veterinarian administering any rabies vaccine to any animal shall issue to the owner of
the animal or the owner’s agent a numbered vaccination certificate. The certificate shall contain
the name and address of the owner or keeper of the animal, a description of the vaccinated
animal, the date of the vaccination, the lot number of the vaccination, and the expiration date of
the period of immunity.
(3) The owner of any animal or owner’s agent for which there is a state required rabies
vaccination shall have readily available a current certificate of vaccination for any police officer’s
or animal control officer’s review.
(’87 Code, § 11-4-1)
(B) Any domestic animal falling into one or more of the following categories shall be immediately isolated
and confined by the owner. The owner of any such animal or any person who knows or has reason to
suspect that an animal falls into one or more of the following categories shall immediately notify an ACO
of the situation as well as the location of the animal. The categories include:
(1) Any domestic animal known to have rabies;
(2) Any domestic animal that is suspected of showing signs of rabies;
(3) Any unvaccinated domestic animal that has been bitten by a rabid animal or by a potentially
rabid animal (potentially rabid animals include but are not limited to skunks, raccoons, coyotes,
bats, stray dogs, stray cats);
(4) Any domestic animal suspected of having had an exposure to rabies.
The owner of the animal shall surrender the animal to the animal control officer upon demand. The ACO
shall then deal with the rabid animal pursuant to state law. (’87 Code, § 11-4-2)
(Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027; Am. Ord. 11-09)
Penalty, see § 90.99
90.16 ANIMALS BITING. Revised 1/13
(A)(1) When any person is bitten by a mammal, wild or domestic, it is the duty of the owner of such
animal, if applicable, as well as the duty of the bitten person or his/her parent or guardian or any person
having knowledge of the whereabouts of the animal, to report that occurrence to the Chief of Police or to
an ACO within 24 hours. The owner of an animal that bites a person shall surrender the animal to an
ACO, if necessary, to impound the animal for a period of observation of not less than 10 days. The day
the bite occurs shall be deemed day zero and each day after that shall have sequential numbers up until
day 10.
(2) A physician who renders treatment to a person bitten by a mammal, wild or domestic, shall
report that fact to the Chief of Police or to an ACO within 24 hours of his first professional
attendance. The physician shall report the name, sex 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 ACO in
ascertaining the immunization status of the animal.
(3) Any domestic animal with a valid, current rabies vaccination that bites a person shall either
be surrendered for humane euthanasia and rabies testing or confined for a period of 10 days
and subject to the following:
(a) The animal may be confined at a private boarding kennel, a veterinary clinic, or the
RRAC;
(b) The ACO may consent to confinement on the owner’s premises, but only if the animal
has a valid, current rabies vaccination at the time of the bite and the premises where the
home confinement is to occur is inspected and approved for such purposes by the ACO;
(c) The owner shall bear the cost of confinement;
(d) During the quarantine, the animal shall not be vaccinated, revaccinated, sold,
transferred, or otherwise disposed of. Therapeutic, surgical, or corrective treatment is
allowed only if the animal is showing signs of acute illness (not related to rabies) and these
procedures may only be performed by a licensed veterinarian. The veterinarian shall be
required to notify the ACO of the illness in a timely manner;
(e) Regardless of where the animal is confined, immediately after the 10-day quarantine,
the animal must be presented to a licensed veterinarian for a determination to ensure that
there is no evidence of rabies. Only after clearance documentation is obtained and
approved by the RRAC Office may the animal be released from quarantine. The owner will
bear the cost of this medical clearance;
(f) Any person who has custody of an animal in quarantine shall immediately notify the
ACO if the animal escapes or shows signs of sickness or abnormal behavior and shall
surrender the animal to the ACO;
(g) If an animal is euthanized or dies during the quarantine period, the owner or custodian
of said animal is required to immediately have the animal’s head sent to the state
laboratory for rabies testing. This can be done through the owner’s/custodian’s veterinarian
or through RRAC at the owner’s/custodian’s expense.
(4) Any domestic animal without a valid, current rabies vaccination that bites a person shall
either be surrendered for humane euthanasia and rabies testing or confined securely for a 10day period and subject to the following:
(a) Such animal shall be confined at RRAC or a veterinary clinic unless there are special
circumstances concerning the health of the unvaccinated animal that has bitten a person,
then the ACO may use their discretion in ordering the place of confinement so long as that
location does not allow the animal to be in contact with the general public;
(b) Such animal is also subject to all restrictions and requirements of subsections (A)(3)(c)
through (g) of this section.
(5) Any skunk, bat, raccoon, coyote, bobcat or other wild mammal whether or not born or reared
in captivity, with the exception of rodents (Order rodentia) or rabbits (Order lagomorpha), which
bites or otherwise potentially exposes a person to rabies shall be immediately confined, and
isolated, if possible to do so safely, and the bite reported immediately to the ACO. The ACO
shall then deal with this animal pursuant to state law. Rabbits and rodents do not normally
transmit rabies.
(’87 Code, § 11-5-4) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027;
Am. Ord. 06-09; Am. Ord. 11-09; Am. Ord. 12-33) Penalty, see § 90.99
90.17 POTENTIALLY DANGEROUS, DANGEROUS, AND VICIOUS DOGS.
Revised 4/12 Revised 1/13
(A) Potentially dangerous and dangerous dogs.
(1) Registration. A potentially dangerous dog or dangerous dog shall be registered with RRAC
and shall be maintained in a manner such that it does not pose a threat to public safety.
(2) Exemptions. A dog shall not be declared a potentially dangerous dog or a dangerous dog if:
(a) The dog was used by a law enforcement, security or military official for legitimate law
enforcement purposes;
(b) The threat, injury or damage was sustained by a person, domestic animal or livestock
who was trespassing upon premises occupied by the owner or the dog; who was
provoking, tormenting, abusing or assaulting the dog or had repeatedly, in the past,
provoked, tormented, abused, or assaulted the dog; or who was committing or attempting
to commit a crime; or
(c) The dog was responding to pain or injury; protecting itself or its offspring; or protecting
or defending a human being or domestic animal from attack or assault.
(3) Seizure of dog and petition to court.
(a) If RRAC has probable cause to believe that a dog is a potentially dangerous or
dangerous dog and poses a threat to public safety, RRAC may apply to a court where the
animal is located for a warrant to seize the animal.
(b) After seizure, RRAC shall impound the dog at the owner’s expense pending disposition
of the case or until the owner has fulfilled the requirements for a certificate of registration
described in this chapter.
(c) After seizure:
1. The owner may admit that the dog is potentially dangerous or dangerous as judged
by RRAC and comply with the requirements for a certificate of registration pursuant to
subsection (A)(4) of this section; or
2. The owner may admit that the dog is dangerous and surrender the dog to RRAC;
or
3. RRAC may, within 14 days after seizure of the dog, bring a petition to court seeking
a determination of whether the dog is potentially dangerous or dangerous. If the court
finds that the dog is 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 potentially dangerous dog within 30 days. If the court finds that the dog is
dangerous and poses a threat to public safety, the court shall order the owner to
comply with the registration and handling requirements for the dangerous dog and
obtain a certificate of registration within 30 days or have the dangerous dog humanely
euthanized. If the court does not find the animal to be potentially dangerous or
dangerous, RRAC shall immediately release the dog to its owner.
(d) If the owner does not admit that the animal is potentially dangerous or dangerous and
RRAC does not bring a petition to the court within 14 days of seizure of the animal, RRAC
shall immediately release the dog to its owner.
(e) If the owner admits that the dog is dangerous and transfers ownership of the dog to
RRAC, RRAC may humanely euthanize the dog.
(f) A determination that a dog is not potentially dangerous or dangerous shall not prevent
RRAC from making a subsequent application for seizure based on the dog’s subsequent
behavior.
(g) If the court does not find that the dog is potentially dangerous, or dangerous and poses
a threat to public safety or the RRAC does not bring a petition to court within 14 days of
seizure, then the RRAC shall bear the cost of impound.
(4) Registration and handling requirement for potentially dangerous and dangerous dogs.
(a) RRAC shall issue an annual certificate of registration to the owner of a potentially
dangerous dog if the owner establishes that:
1. The owner is able to keep the dog under control at all times;
2. The city license is current;
3. The dog has a current rabies vaccination;
4. The owner has a proper enclosure for the dog;
5. The owner has paid an annual fee established by RRAC to register a potentially
dangerous dog;
6. The dog has been spayed or neutered;
7. The dog has been implanted with a microchip. The microchip information, including
owner information, name of microchip manufacturer and microchip number, shall be
provided to RRAC at the time of licensing. The owner shall have the correct and
current information registered with the microchip company at all times; and
8. The owner has entered the dog in a socialization and behavior program approved
or offered by RRAC.
(b) If a dog previously determined to be potentially dangerous has not exhibited any of the
behaviors specified in the definition of a potentially dangerous dog, as outlined in the city’s
ordinances, for 36 consecutive months, the owner may request RRAC to lift the
requirements for registration pursuant to this section. If RRAC has no reasonable basis to
believe that the dog has exhibited the behaviors specified, it shall relieve the owner of the
requirements of this section.
(c) RRAC may order the immediate impoundment and humane euthanasia of a dog
previously determined to be a potentially dangerous dog if the owner fails to abide by the
conditions for registration, confinement or handling set forth in this section.
(d) RRAC shall issue a certificate of registration to the owner of a dangerous dog if the
owner, in addition to the requirements of subsection (A) of this section, establishes that:
1. The owner has paid an annual fee established by RRAC to register a dangerous
dog;
2. The owner has written permission of the property owner or homeowner’s
association where the dangerous dog will be kept, if applicable;
3. The dangerous dog will be maintained exclusively on owner’s property except for
medical treatment or examination;
4. When the dangerous dog is removed from the owner’s property, the dog shall be
caged and muzzled or restrained with a lead no longer than four feet and muzzled,
and the dog shall be under complete control of the owner at all times;
5. The dangerous dog will not be transported in a vehicle that might allow the dog to
escape or gain access to any person or animal outside the vehicle;
6. A clearly visible warning sign with a conspicuous warning symbol indicating that
there is a dangerous dog on the premises is posted where the dog is kept and is
visible from a public roadway or from 50 feet, whichever is less; and
7. The owner shall carry an insurance liability policy of no less than $300,000 to cover
any consequences of the actions of the dangerous dog.
(e) RRAC may order the immediate impoundment and humane euthanasia of a dog
previously determined to be a dangerous dog if the owner fails to abide by the conditions
for registration, confinement or handling set forth in this section.
(B) Vicious dogs.
(1) It is unlawful for any person to keep or harbor a known vicious dog in the city.
(2) After a judicial determination that a dog is vicious, upon hearing of the complaint, the court
may, in addition to any fine or imprisonment which may be imposed for violation hereof, order
the ACO to have the dog humanely euthanized.
(Ord. 11-09; Am. Ord. 12-33)
90.18 CONFINEMENT OF ANIMALS; RUNNING AT LARGE. Revised 4/12
(A)(1) All persons owning or having charge, custody, or control of any animal shall keep the animal
confined to his own premises.
(2) When animals are out of their premises, they must be under leash of not more than eight feet
in length and under control of the owner or of his designee. If an owner is actively training an
animal for the long recall, the animal may be on a longer leash during the time of the training
session, so long as the owner maintains control of the animal. This provision shall not apply to
dogs under their owners’ supervision in any city dog park.
(3) No person shall allow or permit an animal to defecate or urinate on public or private property
other than the property of the owner of the animal unless such animal waste is immediately
removed and properly disposed of by the person having custody of the animal.
(4) No owner or owner’s agent shall allow their animal to trespass on private or public premises.
(5) Any female animal in the stage of estrus (heat) shall be confined to a building or other secure
enclosure, so that contact with a male animal will be prevented except for intentional breeding
purposes. Owners who do not comply with this section may be required to place the animal in a
boarding kennel or veterinary hospital at the owner’s expense.
(’87 Code, § 11-4-4) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055)
(B) No person shall, intentionally or unintentionally, allow or permit any animal to run at large. This
provision shall not apply to dogs under their owners’ supervision in any city dog park.
(C) No person shall chain an animal to a fixed point except under the following conditions:
(1) Fixed point attended restraint. An animal may be confined on a tether or on a leash when the
owner or owner’s agent is outside, in the immediate vicinity of the animal, and the animal is
within the owner’s or designee’s line of sight and the following conditions are met:
(a) The animal is over the age of six months; and
(b) The animal has easy access to adequate shade (a dog house does not constitute
adequate shade) and potable water; and
(c) The restraint does not occur during times of extreme weather including but not limited to
severe heat, severe cold, severe rain or severe wind; and
(d) The tether is fixed to a solidly anchored structure such as a swivel spike or post
anchored into the ground and not to a moveable object such as a tire or other similar
object. The post or spike must be fixed below ground level with a swivel protruding from the
ground so that the tethered animal cannot become entangled on the spike or post; and
(e) The tether consists of a plastic-coated cable (a metal chain is not allowed); the
minimum length must be at least three times the length of the animal from the tip of its nose
to the distal end of its tail. In addition, the tether must not weigh more than one-tenth of the
weight of the animal attached to the tether; and
(f) The tether is attached to the animal by means of a harness and the tether is secured by
a swivel at each end; and
(g) The harness must be well-fitted so as not to cause sores or irritation to the skin of the
animal; and
(h) The tether must be situated such that the animal is not allowed beyond the boundaries
of the owner’s premises; and
(i) The area the animal has access to while tethered shall be free of hazards such as sharp
edges, garbage, debris, other domestic animals, or other objects that the animal or tether
could become entangled in, insect infestations (ant colonies, wasp nests, flea, tick, or
maggot infestations). This area must be kept sanitary with feces being cleaned up
regularly, but no less frequently than once a week to maintain sanitary conditions.
(2) Fixed point unattended restraint. Fixed point unattended restraint means (a) the animal is
confined by a tether and the owner is not outside, or (b) animal is confined by a tether and the
owner is not in the immediate vicinity of the animal, or (c) the animal is confined by a tether and
is out of the line of sight of the owner. In this section, “owner” means the owner of the animal or
the owner’s agent. Fixed point unattended restraint shall be considered lawful only if the restraint
lasts less than 15 minutes and all of the following conditions are met:
(a) The animal is over the age of six months; and
(b) The animal has easy access to adequate shade (a dog house does not constitute
adequate shade) and potable water; and
(c) The restraint does not occur during times of extreme weather including but not limited to
severe heat, severe cold, severe rain or severe wind; and
(d) The tether is fixed to a solidly anchored structure such as a swivel spike or post
anchored into the ground and not to a moveable object such as a tire or other similar
object. The post or spike must be fixed below ground level with a swivel protruding from the
ground so that the tethered animal cannot become entangled on the spike or post; and
(e) The tether consists of a plastic-coated cable (a metal chain is not allowed); the
minimum length must be at least three times the length of the animal from the tip of its nose
to the distal end of its tail. In addition, the tether must not weigh more than one-tenth of the
weight of the animal attached to the tether; and
(f) The tether is attached to the animal by means of a harness and the tether is secured by
a swivel at each end; and
(g) The harness must be well-fitted so as not to cause sores or irritation to the skin of the
animal; and
(h) The tether must be situated such that the animal is not allowed beyond the boundaries
of the owner’s premises; and
(i) The animal shall be surrounded by a barrier sufficient to protect the animal from an atlarge mammal which is likely to cause harm to the dog and sufficient to prevent children
from accidentally coming into contact with the animal; and
(j) The animal shall not be confined more than six nonconsecutive 15-minute periods during
any 24-hour period; and
(k) The animal shall not be a female in estrus (in heat); and
(l) The area the animal has access to while tethered shall be free of hazards such as sharp
edges, garbage, debris, other animals, or other objects that the animal or tether could
become entangled in, insect infestations (ant colonies, wasp nests, flea, tick, or maggot
infestations). This area must be kept sanitary with feces being cleaned up regularly, but no
less frequently than once a week to maintain sanitary conditions.
(D) A person may confine their animal to a trolley system under the following conditions:
(1) A trolley permit from RRAC shall be applied for and granted and the appropriate fees paid
before the animal may be confined to the trolley; and
(2) Issuance of the permit requires prior inspection of the premises by Animal Control; and
(3) Permits are not transferable between premises without permission from RRAC; and
(4) An ACO, at his discretion, may revoke a trolley permit. Reasons for revocation may include,
but are not limited to, the failure of the owner to comply with all the requirements and limitations,
harm or injury to the animal, excessive barking of the tethered animal; and
(5) The following are the minimum requirements for trolley system:
(a) Only dogs may be restrained with a trolley system; the dog must be over the age of six
months; the dog may not be a female in estrus (in heat); only one dog may be tethered to
each cable run; and
(b) The dog has easy access to adequate shade (a dog house does not constitute shade),
shelter, food and potable water; and
(c) The restraint does not occur during times of extreme weather including but not limited to
severe heat, severe cold, severe rain or severe wind; and
(d) The cable run is fixed to a solidly anchored structure such as a post, tree, part of a
building, and not to a moveable object such as a tire or other similar object. The cable run
must be at least 10 feet in length and mounted either at ground level or at least four feet
above ground level. The cable run must have secure stops to keep the pulley from traveling
to the anchored structure so the animal does not become entangled around the structure;
and
(e) The tether consists of a plastic-coated cable (a metal chain is not allowed); the
minimum length must be at least 10 feet. In addition, the tether must not weigh more than
one-tenth of the weight of the dog attached to the tether but must be of adequate strength
to restrain the dog. The tether must be attached to a cable run by a pulley and swivel; and
(f) The tether is attached to the animal by means of a harness by a swivel; and
(g) The harness must be well-fitted so as not to cause sores or irritation to the skin of the
dog; and
(h) The trolley system must be situated such that the dog is not allowed beyond the
boundaries of the owner’s premises; and
(i) The dog shall be surrounded by a barrier sufficient to protect the dog from an at-large
mammal which is likely to cause harm to the dog and sufficient to prevent children from
accidentally coming into contact with the dog; and
(j) The dog shall not be confined to the trolley system for more than 10 hours in any 24hour period. As part of the application, the owner shall designate which 10 hours the dog is
to be confined to the trolley system. Although the owner may request a modification of their
application as it concerns the hours of confinement, to confine the dog to the trolley outside
the designated hours is unlawful; and
(k) The device must be fastened so that the dog can sit, walk, and lie down comfortably,
and must be unobstructed by objects and fencing that may cause the device or animal to
become entangled or strangled; and
(l) The area the animal has access to while tethered shall be free of hazards such as sharp
edges, garbage, debris or other objects that the animal or tether could become entangled
in, insect infestations (ant colonies, wasp nests, flea, tick, or maggot infestations). This
area must be kept sanitary with feces being cleaned up regularly, but no less frequently
than once a week to maintain sanitary conditions.
(Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 97-002; Am. Ord. 03-027; Am. Ord. 06-09; Am.
Ord. 11-09. Formerly 90.17) Penalty, see § 90.99
90.19 CAT SPAY AND NEUTER REQUIREMENTS; INTACT CAT PERMIT; DOG AND CAT
LICENSES; TAGS. Revised 4/12
(A) Spay and neuter requirements for cats. No person or animal organization may keep, harbor or
maintain within the city limits any cat over five months of age that has not been sterilized (commonly
known as spayed or neutered) unless the owner has obtained an intact cat permit. The intact cat permit
may be issued with the following conditions:
(1) Medical exemption. The owner provides a signed statement from a licensed veterinarian,
stating that the cat is medically unsuited to undergo the sterilization procedure, stating the
specific medical grounds for the exemption. If the veterinarian’s statement establishes such
medical condition is likely to be chronic or permanent, the medical exemption shall be a
permanent exemption, but may be revoked upon evidence the cat has been bred since the date
of the veterinarian’s statement, whether intentionally or unintentionally. All costs associated with
acquiring the veterinarian’s statement of justification for the medical exemption shall be the
responsibility of the cat’s owner.
(2) Temporary medical exemption. When a temporary medical condition contraindicates
sterilization, the owner shall provide a signed statement from a licensed veterinarian, stating the
expected date as to when the sterilization may be safely performed, which date shall be the
expiration date of the temporary medical exemption. After the period of the temporary medical
exemption, sterilization shall be required unless a licensed veterinarian provides another
temporary medical exemption and prognosis of when the surgery may be performed. All costs
associated with acquiring the veterinarian’s statement of justification for a temporary medical
exemption shall be the responsibility of the cat’s owner.
(3) Competition/show exemption. A cat may be exempted from the sterilization requirement if it is
a competition/show animal. A competition cat is a cat which is used to show or to compete in
contests recognized and registered by an approved breed registry, such as the Cat Fancier’s
Association. Recognition of a breed registry is at the sole discretion of RRAC. In order for a cat
to qualify for an exemption as a competition/show cat, the cat’s owner must also demonstrate
satisfaction of at least one of the following requirements:
(a) The cat has competed in at least one show or competition sanctioned by the national
registry or approved by RRAC within the last year;
(b) The owner of the cat is a member of a purebred breed club recognized by RRAC, which
maintains and enforces a code of ethics for breeding that includes restrictions on breeding
animals with genetic defects and other veterinary problems that commonly threaten the
breed.
(c) An owner with an intact cat permit shall not allow any breeding of the cat prior to
obtaining a conditional use permit from the Planning and Zoning Board for the purpose of
obtaining a hobby breeder permit. If the cat is bred prior to its owner obtaining a hobby
breeder permit, the owner may be cited.
(B) Licensing of dogs required. Any person keeping, harboring or maintaining any dog over six months of
age within the city shall obtain a license from the Animal Control Office for each dog. The Animal Control
Office shall keep a record of all licenses issued, and shall issue a tag for each license granted. A current
rabies vaccination certificate shall be presented at the time of the application for the license. Licenses
shall be issued annually, or in a three-year increment, and shall be renewable during the anniversary
month of the originally issued license, and shall expire on the last day of the anniversary month.
(C) Licensing of cats required. Any person keeping, harboring or maintaining any cat over five months of
age within the city shall obtain a license from the Animal Control Office for each cat. The Animal Control
Office shall keep a record of all licenses issued and shall issue a tag for each license granted. Proof of
sterilization and current rabies vaccination certificate shall be presented at the time of application for the
license for an altered cat. Proof of an intact cat permit and current rabies vaccination certificate shall be
presented to purchase an unaltered license. Licenses shall be issued annually, or in a three-year
increment, and shall be renewable during the anniversary month of the originally issued license, and shall
expire on the last day of the anniversary month.
(D) Affixing tags. A current license tag shall be affixed to the licensed animal at all times in a reasonable
manner.
(E) License fees. The Animal Control Office may charge a higher license fee for a dog or cat that has not
been spayed or neutered, unless the owner presents a signed statement from a licensed veterinarian
stating that spaying or neutering would be a surgical risk for the animal, due to the animal’s age or
condition.
(F) Fees. Fees for licenses issued under this section shall be as set forth by city ordinance or resolution.
(G) Exemptions. A dog or cat or owner shall be exempt from the requirements of this section if any of the
following conditions applies:
(1) The dog or cat belongs to a nonresident who keeps the animal within the city for no longer
than 90 consecutive days;
(2) The animal is a bona fide guide or service animal for disabled persons and the animal has
been certified by an approved agency (approved by Animal Control); or
(3) The animal is a government owned animal such as police or military working dogs.
(H) Rules and regulations. The RRAC Office shall issue such rules and regulations necessary to
implement this section.
(I) Other unlawful actions concerning tags.
(1) No person shall remove or transfer any license tag from one animal to another.
(2) No person shall manufacture or cause to be manufactured or to have in his possession or
under his control a stolen, counterfeit or forged animal license tag, rabies vaccination certificate,
or other form of licensing required under this section.
(Ord. 11-09)
90.20 NUMBER OF ANIMALS PERMITTED. Revised 4/12 Revised 1/13
(A)(1) Except as otherwise provided, no household or business other than properly licensed businesses
may own or harbor more than five dogs, cats or rabbits in any combination more than six months in age.
(2) Except for dogs, cats and rabbits, all other animals allowed under Chapters 90 and 116 shall
be excluded from the limit in subsection (A)(1) of this section, provided these animals do not
create a nuisance as applied or otherwise endanger the health, safety and welfare of the
inhabitants of the city.
(’87 Code, § 11-4-6)
(B) Any owner who intentionally or unintentionally breeds dogs, cats, guinea pigs, chinchillas, sugar
gliders or rabbits and who does not have a current hobby breeder’s permit shall be cited by the Animal
Control Office and shall be subject to a fine of $100 for each litter. The $100 fine may be paid directly to
the Animal Control Office prior to and in lieu of any court appearance. Any future breeding of that animal
or any animal will require a hobby breeder’s permit. Owners of dogs and cats who intend to breed must
be in compliance with Section 90.19 to be eligible to apply for a hobby breeder permit.
(’87 Code, § 11-4-8)
(C) No person or unregistered animal organization shall adopt, sell, give away or transfer ownership of an
animal in the parking lot of or areas adjacent to any place of business, on a public roadway, or right-ofway.
(D) Registered animal organizations may adopt animals on the property owned by a business if the
following conditions are met:
(1) The animal organization has registered with RRAC.
(2) The animal organization has obtained permission from the place of business prior to the
adoption event.
(3) The animal organization has obtained any and all permits required by other city agencies or
departments in advance of the adoption event.
(4) The animals are provided with adequate shade and potable water during the event. Animals
requiring feeding during the event are provided with sufficient food.
(5) Adoption events may not be held outside during times of severe weather.
(6) The adoption events may not be held on any public roadway or right-of-way.
(E) No person or animal organization shall sell, transfer or adopt a dog or cat under the age of eight
weeks, or a guinea pig, hamster or rabbit under the age of four weeks. Any animal shall be fully weaned
and eating on their own to sufficiently maintain proper body condition prior to being offered for sale,
transfer or adoption. Nothing in this section shall prohibit the transfer of animals between animal shelters
and animal rescues.
(F) No person shall offer a mammal or avian (bird) as a prize, giveaway or award for a contest, game,
raffle, or sport or as an incentive to purchase merchandise.
(G) A show breeder shall be exempt from the five animal limit, but shall be limited to 12 animals. In order
to be considered a show breeder under this section, the animal owner shall obtain a show breeder
registration from RRAC, by demonstrating that he or she has been registered in American Kennel Club
(AKC) events in the past three years. Submitting a copy of an AKC show catalog shall constitute proof of
AKC registration. Show breeder registration shall be good for one year from the date of issue.
(Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027; Am. Ord. 06-09; Am.
Ord. 11-09; Am. Ord. 12-33. Formerly 90.19) Penalty, see § 90.99
90.21 TRANSPORTATION REQUIREMENTS.
(A) No person shall transport any animal in or upon any vehicle in a cruel, inhumane or unsafe manner.
(B) Animals traveling in the open bed of trucks.
(1) Animals transported in the bed of a truck shall be crated or restrained so they cannot fall or
jump from the truck; and
(2) While the truck is parked, the animal shall be provided with sufficient shade from the sun; and
(3) Animals shall not be transported in the open bed of a truck during extreme weather including
but not limited to severe heat, severe cold, severe rain or severe wind. No person shall leave an
animal in the open bed of a truck during times of severe heat so that the health or well being of
the animal is endangered. Whether or not the animal’s health or well being has been
endangered would be the judgment of the ACO.
(C) Unsafe confinement to motor vehicles.
(1) It shall be unlawful for any person to place or confine an animal or allow an animal to be
placed or confined in a motor vehicle for such duration or at such temperatures as to endanger
the health or well being of such animal.
(2) If in the judgment of a police officer or ACO, the health or well being of the animal is being
compromised by the confinement to the vehicle, after making a reasonable effort to find the
driver of the vehicle, the officer may use the least intrusive means to enter the vehicle. The city
will have no liability for damage to the vehicle caused by such entry.
(3) Upon removal of the animal from the vehicle, the police officer or ACO shall impound the
animal and leave in a prominent place on the motor vehicle a written notice of the animal’s
impoundment, a brief description of the animal, and where and when the animal may be
reclaimed. The owner will be responsible for any and all costs associated with the care and
housing of the animal. The officer may also issue a citation for the violation of this section.
(’87 Code, § 11-5-3) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 97-002; Am. Ord. 11-09.
Formerly 90.20) Penalty, see § 90.99
90.22 ANIMALS DISTURBING THE PEACE.
(A)(1) No person shall allow any animal to persistently or continuously bark, howl or make noise common
to their species, or otherwise unreasonably disturb the peace and quiet of the inhabitants of the city. This
section does not differentiate from any particular time frame of the day or night, nor does it discriminate if
the owner or keeper is at the premises or not. Reasonable barking or noise that is common under normal
circumstances is not to be considered as disturbing the peace under this section.
(2) No person shall keep or maintain any animal in a manner as to disturb by noxious or
offensive odors, or otherwise endanger the health, safety and welfare of the inhabitants of the
city.
(3) Animal control officers and all police officers shall have authority to enforce this section and
may issue a citation for violation of this section. Notice shall include the name, address and
phone number of the complainant and all witnesses to the violation of this section. If the violation
is witnessed by a police officer, that officer shall become the complainant and the officer’s name
shall appear as the witness.
(’87 Code, § 11-5-5)
(B) The City Manager shall designate which parks are dog parks and are dog-friendly parks as well as
those parks in which animals are prohibited. Dogs may be unleashed once they are within the confines of
a dog park, but must remain on a leash in the dog-friendly parks.
(’87 Code, § 11-5-6)
(C) Any female animal in the stage of estrus (heat) shall be confined to a building or other secure
enclosure, so that contact with a male animal will be prevented except for intentional breeding purposes.
Owners who do not comply with this section may be required to place the animal in a boarding kennel or
veterinary hospital at the owner’s expense. (’87 Code, § 11-5-7)
(Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 97-002; Am. Ord. 03-027; Am. Ord. 11-09.
Formerly 90.21) Penalty, see § 90.99
Cross-reference:
Parks and open spaces: pets and animals, see § 94.05
90.23 ANIMALS ASSISTING THE DISABLED.
A trained guide, hearing or service animal shall be admitted to any building open to the public and to all
public accommodations such as restaurants, hotels, hospitals, swimming pools, stores, common carriers
and theaters; provided, that the trained service animal is under the control of a person with a disability or
a trainer of assistance animals. No person shall be required to pay any additional charges for his/her
qualified assistance animal, but shall be liable for any damage done by his/her qualified assistance
animal.
(’87 Code, § 11-5-9) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 11-09.
Formerly 90.22) Penalty, see § 90.99
90.24 CRUELTY PROHIBITED.
(A) No person shall molest, torment, injure, kill, maim, disfigure, drag, torture, beat, have sexual contact
with, strangle, hang, harm, assault, burn or scald, poison an animal, subject any animal to conditions
detrimental to its health or general welfare, or to procure any such actions to be inflicted upon any animal,
except that reasonable force may be employed to drive off vicious or trespassing animals.
(B) Examples of unlawful acts or failure to act which may also be considered animal cruelty include but
are not limited to:
(1) Any attempt to drown or suffocate an animal.
(2) Allowing a collar, rope or chain to become embedded into or cause injury to an animal’s
neck.
(3) Leaving an animal unsupervised while the animal is wearing a choke or pinch collar.
(4) Intentionally allowing animals to engage in a fight.
(5) Allowing a dog, cat or other pet to be left outside in inclement weather or extreme
temperature without adequate shelter.
(6) Allowing animals to live in unsanitary conditions.
(7) Permitting any exhibit, function or activity where animals are being cruelly treated or animals
run the risk of causing injury to the public or to themselves.
(8) To willfully kill any bird or to molest or rob the nest of a bird.
(C) No person shall overload, overwork, drive or work any animal cruelly.
(D) No person shall abandon any animal in the city.
(E) No person shall tease or taunt any animal with the intent, purpose or effect of provoking a reaction
from the animal.
(F) No person shall use a prod, stick, electrical shock, chemical agent, physical force, starvation, pain or
discomfort on an animal in order to make it perform for entertainment.
(G) 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, do not constitute cruelty unless excessive force is used during the application of
these methods. Designation of the presence of excessive force is at the discretion of the ACO.
(H) No person shall fail, refuse or neglect to provide to any animal in his charge or custody, as owner or
otherwise, proper food, fresh water, shade and shelter. Shelter such as a dog house does not constitute
shade.
(1) Food shall be adequately supplied at a frequency, not less than every 24 hours, to ensure the
wholesomeness and palatability of the food to the animal.
(2) Clean fresh water shall be available at all times.
(3) The animal shall be groomed in a manner and at a frequency as to preclude the development
of disease or injury related to poor grooming.
(4) Any animal habitually kept outside shall be provided with a structurally sound enclosure,
large enough to accommodate the animal and suitable for that species. The enclosure shall be
large enough to allow for exercise and normal movement of the animal(s). Within the enclosure
shall be a weatherproof shelter that is appropriate for the size and species of that animal.
(5) Examples of inadequate shelter include but are not limited to:
(a) Underneath outside steps, decks, stoops, houses unless deemed appropriate by the
ACO.
(b) Inside or underneath motor vehicles.
(c) Inside metal barrels or cardboard boxes.
(d) Inside temporary animal carriers or crates.
(e) Shelters located in flood prone areas.
(f) Shelters surrounded by debris, obstructions or impediments that may endanger an
animal.
(I) No person shall fail, refuse or neglect to provide proper veterinary care to any animal in his or her
charge or custody in the event that the animal is suffering from an illness or injury when in the judgment
of the ACO veterinary care is needed.
(J) Rodeos, livestock exhibitions and competitions, equine exhibitions and equine competitions and other
related livestock type shows shall comply with all animal care and welfare requirements of the
Professional Rodeo Cowboys Association or other such relevant sanctioning bodies while within the city
limits. This includes all activities associated with the show, exhibition, and competition from the initial setup through the dismantling and closing of the event.
(K)(1) Whenever the ACO finds that any animal is without proper care because (a) the owner or person
responsible for the animal failed to provide care for that animal, or (b) of the failure of the owner or person
responsible for the animal to make provisions for the care of the animal in the event of injury, illness,
incarceration, or (c) of the absence of the owner or person responsible for the care of the animal, the
ACO may take up the animal for protective care. In the event of sickness or injury of the animal, upon the
advice of a licensed veterinarian, after a reasonable effort to provide notice to the owner and an
opportunity for the owner to respond, the ACO may take action as called for to prevent or relieve pain and
suffering, including humane euthanasia of the animal. In the event that the animal is in severe distress in
the opinion of a licensed veterinarian or the ACO, the ACO may have the animal humanely euthanized
immediately if the owner is not readily available for notification by the ACO.
(2) In addition to any other remedy or action permitted under this ordinance or by law, whenever
an ACO has probable cause to believe an animal has been subject to cruelty or may be in
imminent danger of cruelty:
(a) The ACO may remove that animal and take it into protective custody. As soon as
practicable following such removal, the ACO shall notify the owner (or make such effort to
notify to the owner as may be reasonable under the circumstances); and
(b) If the ACO reasonably believes that the life or health of other animals at the same
premises is endangered by cruel treatment under the circumstances, the ACO may apply
to a court of competent jurisdiction for a warrant to seize such other animals pursuant to
NMSA 1978 Section 30-18-1.1.
(3) All costs for boarding and/or medical care incurred by the city for an animal seized or
removed under this section shall be the responsibility of the animal’s owner.
(4) Nothing in this section shall be construed to preclude a charge or conviction for extreme
cruelty under state law.
(5) Nothing in this section shall be construed to preclude petition for indemnification for the
disposition of seized animals which is allowed under state law. (NMSA 1978 Section 30-18-1.2)
(L) The following shall be exempt from the requirements of this section:
(1) This section shall not be construed to include veterinary care providers in the normal course
of business.
(2) Killing does not include humane euthanasia performed by a veterinarian, licensed euthanasia
technician, employee of RRAC, or the performance of emergency field euthanasia as defined by
the rules and regulations of the NM Animal Sheltering Board.
(3) Killing a bird, if such bird is poultry owned by that person and will be used for food.
(4) Killing a rabbit, if such rabbit is owned by that person and will be used for food.
(5) Actions of a licensed exterminator in performance of his/her occupational duties so long as
companion animals are not harmed by exposure to the poisonous substances.
(6) The poisoning of pests such as mice and other rodents within a person’s own enclosed
structures.
(7) The taking of animals by a governmental entity or agent of a governmental entity for zoonosis
or disease management.
(8) Hunting and fishing, as long as done lawfully under city and state ordinances, are not
considered cruelty.
(9) Nothing in this section is to be construed to prohibit or restrict commonly accepted practice
and training methods of avian husbandry, wildlife rescue or falconry.
(’87 Code, § 11-6-4)(Ord. 81-9; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 06-09;
Am. Ord. 11-09. Formerly 90.23) Penalty, see § 90.99
90.25 INJURY BY MOTOR VEHICLES.
(A) Every operator of a motor vehicle or other self-propelled vehicle upon the streets and ways of the city
shall immediately, upon hitting, striking, maiming or running down any domestic animal, give aid as is
reasonable and safe to render. In the absence of the owner, he shall immediately notify the ACO, Police
Department or other appropriate authority, furnishing sufficient facts relative to the injury including the
operator’s name, address and phone number. It is the duty of the operator to remain at or near the scene
for a reasonable length of time, or until the time as the appropriate authorities arrive. If the operator has to
leave the scene and the animal is dead, the operator shall give the operator’s name, address, and other
relevant information as requested, to the Animal Control Office, Police Department or other appropriate
authority. Alternatively, in the absence of the owner, a person may give aid by taking the animal to the
animal hospital or to an animal control center and notifying the ACO. Emergency vehicles in the course of
their duty are excluded from this provision with the exception of reporting the incident.
(B) No person shall intentionally strike an animal with a motor vehicle or self-propelled vehicle.
(’87 Code, § 11-6-5) (Ord. 81-9; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 03-027;
Am. Ord. 11-09. Formerly 90.24)
90.26 ANIMAL FIGHTS PROHIBITED.
(A) No person shall promote, stage, hold, manage, conduct, carry on, place a bet or wager on, or attend
any game, exhibition or contest in which one or more animals are engaged for the purpose of injuring,
killing, maiming or destroying themselves or any animal.
(B) No person shall sell, receive, possess, transport, transfer, loan or give away any animal fighting
paraphernalia.
(C) No person shall raise, train, condition, sell, offer for sale, transfer, receive, possess, transport, loan or
give away animals for fighting purposes regardless of where such fighting occurs.
(D) 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.
(E) No person shall possess or use any domestic animal or wild animal as a bait animal.
(’87 Code, § 11-6-7) (Ord. 81-9; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 11-09)
Penalty, see § 90.99
90.27 WILD OR EXOTIC ANIMALS.
(A)(1) Unless otherwise authorized, no person shall keep an animal of a species protected by Title 50
CFR 17.11 or by the laws of the NMSA Sections 17-2-3 and 17-2-4.
(2) No person shall keep an animal which is wild, dangerous, noxious or naturally inclined to do
harm, except in a facility licensed by the state and/or federal government or approved by the city
or pursuant to the conditions of a wild or exotic animal license. Adequate protection devices shall
be provided to prevent any animals from escaping or injuring the public. Any changes in the
state or federal permit(s), animal(s), or premises must be reported immediately to RRAC.
(3) Notwithstanding any provisions of this chapter to the contrary, no person shall keep wild or
exotic animals in a manner as to constitute a likelihood of harm to the animals themselves or to
other animals or to human beings or to the property of human beings, or which constitutes a
public or private nuisance.
(’87 Code, § 11-7-1)
(B)(1) Except as otherwise provided, no person shall receive, own or keep wild or exotic animals, except
those which are listed in subsection (B)(5) of this section, within the limits of the city, without first applying
for and receiving from the Police Department a wild and/or exotic animal permit. If approved, the permit
will be for a period of one year from the date of issuance.
(2) The applicant must provide evidence of all applicable, federal and state permits and of
knowledge and facilities for the care and feeding of the animals involved. The animal control
officer is permitted to enter the premises of permittee hereunder at a reasonable time for the
purpose of inspection or reinspection to determine compliance with this chapter. Prior to
approval, the requirements and/or conditions set forth herein must be met.
(3) The Chief of Police may deny, revoke or suspend a permit for failure to comply with this
chapter or the conditions set forth in the animal control inspection report.
(4) The owner or custodian shall pay an initial permit fee and an annual inspection fee.
(5) The following animals are not subject to this section:
(a) Exotic birds such as parakeets, finches, love birds and cockatiels;
(b) All legally allowed exotic fish; and
(c) All legally allowed animals while in pet stores.
(6) The holder of a wild and/or exotic animal permit must notify the Animal Control Division of
any additions or reduction in the number of wild and/or exotic animals maintained by the owner
under the permit issued pursuant to this section.
(7) Permits issued under this section are not transferrable.
(’87 Code, § 11-7-2)
(Ord. 81-9; Am. Ord. 91-040; Am. Ord. 94-003; Am. Ord. 95-055; Am. Ord. 11-09. Formerly 90.28)
Penalty, see § 90.99
90.28 DEAD ANIMALS. Revised 1/13
(A) Within 24 hours of death of an animal, the owner shall dispose of the carcass by burial at least four
feet underground in a suitable location or by other means approved by the ACO.
(B) The ACO is authorized to pick up and dispose of all dead animals immediately upon discovery.
(C) Equines shall be disposed of by a method which has been pre-approved of by RRAC.
(’87 Code, § 11-8-1) (Ord. 81-9; Am. Ord. 85-143; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 11-09;
Am. Ord. 12-33. Formerly 90.29)
90.29 DOMESTIC LIVESTOCK.
(A) Except for chickens and animals that may be permitted by Title XV of this code, no person shall keep
any domestic livestock or domestic fowl within the city.
(B) Permits for domestic livestock will remain valid until the permit expires.
(C) Chickens.
(1) Female and immature male chickens may be owned, housed and kept within the city only on
lots of at least one-half acre in an E-1 zone.
(2) No rooster or male chicken mature enough to crow or otherwise disturb the peace shall be
kept within the city.
(3) No gamecock or chickens of the breeds commonly used for cock-fighting shall be owned,
kept or bred within the city. Allowed breeds are at the discretion of RRAC.
(4) Chickens permitted by this chapter shall be housed in outdoor species-appropriate housing.
(5) Secure enclosures which protect the chickens from predators and allow for species specific
behaviors including but not limited to roosting, scratching, dusting, and nesting, are required and
shall be constructed prior to acquisition of the chickens. Roosting areas shall provide no less
than two square feet per bird.
(6) The secure enclosures shall be equipped with adequate shade as well as speciesappropriate shelter.
(7) A person or animal organization shall not own, house or keep more than five adult chickens.
(8) Chickens shall be provided with constant access to potable water in sufficient amount as to
maintain good health.
(9) Chickens shall be provided with uncontaminated, edible, nutritious species and age
appropriate food which is of adequate quantity as to maintain the normal weight and condition of
a healthy chicken. In addition the amount and type of food provided shall properly conform to the
individual’s age and health condition.
(10) An owner of chickens shall provide them with regular basic husbandry care as well as
routine and emergency veterinary care as to maintain good health.
(D) Other permitted livestock.
(1) Goats may be kept within the city under the conditions set forth in this subsection (D).
(2) Goats may be maintained in the city only on residential lots of at least one acre in an E-1
zone.
(3) No more than three goats may be maintained on any one lot.
(4) Secure enclosures which protect the goats from predators and allow for species specific
behaviors are required and shall be constructed prior to acquisition of such goats.
(5) Adequate shade shall be provided for such goats.
(6) Goats shall be provided with constant access to potable water in sufficient amount as to
maintain good health.
(7) Goats shall be provided with uncontaminated, edible, nutritious species and age appropriate
food which is of adequate quantity as to maintain normal weight. In addition the amount and type
of food provided shall properly conform to the individual’s age and health condition.
(8) An owner of goats shall provide them with regular basic husbandry care as well as routine
and emergency veterinary care as to maintain good health.
(9) Areas devoted to goats, including accessory buildings or structures, shall be constructed and
maintained to discourage concentration and breeding of insect pests.
(’87 Code, § 11-9-1) (Ord. 81-9; Am. Ord. 85-143; Am. Ord. 87-025; Am. Ord. 91-016; Am. Ord. 11-09.
Formerly 90.30) Penalty, see § 90.99
90.30 LIVE ANIMAL EXHIBITIONS. Revised 1/13
(A)(1) A traveling show that involves inherently dangerous wild animal(s) as defined below shall acquire a
permit in advance of the date of the show and shall meet the following requirements. For purposes of this
chapter, “traveling show” means any mobile or stationary act, circus, public show, trade show,
photographic opportunity, carnival, city or county fair, agricultural fair, ride, parade, race, performance, or
similar undertaking in which inherently dangerous wild animals do not permanently reside or that moves
inherently dangerous wild animals from location to location, but not including a person that keeps
inherently dangerous wild animals at a permanent site and is transporting the animals for the purpose of
medical services needed for the animals.
(2) “Inherently dangerous wild animal” means any mammal, avian, amphibian, or reptile which
the owner knows or reasonably should know has a propensity, tendency, or disposition to attack,
cause injury, or otherwise endanger the safety of the public or other domestic animals. This
definition includes but is not limited to elephants, wild cats, nonhuman primates, bears, wolves,
alligators, crocodiles, and venomous species.
(B) The required actions or document submittals described in this section shall be satisfied by applicant(s)
at least two weeks prior to issuance of a permit. In the event a permit is issued, failure to maintain these
requirements during the permitted activity will be cause for revocation of the permit. Where documents
are required below, written copies must be provided to the RRAC Office and retained by RRAC for the
duration of the permitted activity.
(C) Applicants shall meet the following conditions:
(1) If the exhibition or display is on city owned property or is sponsored by the city, at a
minimum, the applicant shall agree to indemnify and defend the city, and to provide liability
insurance with an insurer authorized or approved to write such insurance in New Mexico, that
covers claims for injury or damage to persons or property in an amount of not less than
$2,000,000 per occurrence, and which names the city as an additional insured. A certificate of
insurance showing the required coverage must be provided.
(2) Maintain and allow inspection of a written plan for the quick and safe recapture or destruction
of an inherently dangerous wild animal in the event an animal escapes. The plan must include
but not be limited to:
(a) The applicant’s written protocols for training their staff on methods of safe recapture of
an escaped wild animal; and
(b) A description of barriers, security, signage, staffing, fencing, protocols and other
measures taken for the public’s safety; and
(c) A detailed description of containment methods for the animal(s); and
(d) Immediate access to appropriate chemical immobilization drugs and equipment; and
(e) Identification of staff member(s) (and as appropriate, veterinarians) who possess
firearm and chemical immobilization proficiency to recapture an escaped wild animal.
These personnel must be immediately available at all times that the wild animals are
present within the city limits.
(3) Allow inspection of all health records for all animals.
(4) Shall produce a plan for providing emergency veterinary care in a timely fashion including
names and contact information of available on-call veterinarians, if none are present on site.
(5) Produce a copy of and maintain a valid resident or nonresident permit, as applicable, with the
New Mexico Fish and Game Department, for the duration of the permitted activity.
(6) Be in compliance with applicable federal and New Mexico law and city ordinances in handling
inherently dangerous wild animals for the duration of the permitted activity.
(7) Applicant agrees under penalty of false statement that the information submitted with this
application is true, correct and complete.
(Ord. 11-09; Am. Ord. 12-33)
IMPOUNDING PROCEDURES
90.45 PROCEDURE; OFFICERS’ DUTIES.
(A) It shall be the duty of the animal control officers to take into custody and impound or cause to be
impounded any stray animals found in the city.
(B) As soon as practicable after the date of impoundment, the animal control officer shall notify the owner
of the impoundment. If the owner of the animal is not known, or if his address cannot be determined, the
Animal Control Shelter shall maintain a log of all animals impounded, whereby a person calling the
Animal Control Office may obtain information as to any animals impounded, the date of impoundment,
and the location from which the animal was taken. Notice either by mail or by posting is intended to
provide legal notice.
(’87 Code, § 11-3-1) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027;
Am. Ord. 11-09)
90.46 STRAYS; NOTICE REQUIRED. Revised 1/13
(A) No person shall hold or possess any unidentified or unclaimed animal of which he is not the owner for
more than 24 hours, excluding Sunday and holidays, without first reporting the possession to the Animal
Control Division. The person may surrender the animal to RRAC within the first seven days and not be
considered the owner or after seven days, the person becomes legal owner of the animal subject to third
party claims.
(B) No person shall fail to make the report required in subsection (A) of this section and no person shall
fail or refuse to immediately surrender the animal to an animal control officer upon demand thereof.
(C)(1) If any stray is wearing a license, has a microchip or bears other identification as defined in Section
90.02, the animal shall be confined at an appropriate animal center, pending notification of owner or
authorized agent, for a period of six days. The day the stray animal is impounded constitutes day one.
Upon notification, an owner must redeem the animal within 24 hours. Failure to redeem the animal shall
result in a $25 fee in addition to any other costs, unless owner’s failure to pick up animal is due to
circumstances beyond owner’s control. Boarding fees and other costs may be charged to the owner
whether or not the animal is claimed.
(2) If a stray is not licensed and not sterilized, the deposit shall be $250. Such deposit will be
waived if the owner obtains a license and sterilizes the animal within 30 days.
(3) A stray either not licensed or not sterilized, the deposit shall be $175. Such deposit will be
waived if the owner obtains a license or sterilizes the animal within 30 days.
(4) A stray licensed and sterilized, the fine shall be $35.
(5) If proof of current rabies vaccination cannot be produced, the owner may be cited or may be
allowed to sign an agreement that the animal will receive rabies vaccinations within seven days.
(6) Upon reclaiming the animal, the owner shall abide by the licensing requirement of the city.
(D) An owner redeeming an unaltered dog or cat shall:
(1) Pay the sterilization deposit and impoundment fees imposed by RRAC and sign an
agreement stating that the owner shall have the animal sterilized by a veterinarian within 30 days
after release. (The sterilization deposit shall be refunded upon presentation by the owner of a
receipt from a veterinarian and shall not be refunded if not complied with by date given and is a
citable offense.)
(2) Unaltered animal permits for dogs/intact cat permit. When a dog or cat which has not been
spayed or neutered is taken into custody by the Animal Control Shelter, the Animal Control
Office shall require, as a condition to release the dog or cat to its owner, that the owner, in
addition to payment of applicable impound fees, obtain an unaltered animal permit for a dog or
an intact cat permit if cat qualifies with requirements specified in Section 90.19. Dogs for which
an unaltered animal permit or a cat for which an intact cat permit has been issued are subject to
the following conditions:
(a) The dog/cat must be vaccinated against rabies annually by a licensed veterinarian and
licensed with the city.
(b) The dog/cat must be restrained properly and have no more than one violation of Section
90.18(B) within a year of the issuance of an unaltered animal permit.
1. If the dog/cat is taken into custody by the Animal Control Shelter at any time after
the expiration of one year from date of issuance of the unaltered animal permit, and
the owner has not been previously cited for violation of Section 90.18(B) within that
one-year period, the owner will be required to purchase another unaltered animal
permit.
2. If the dog/cat is found to be in violation of Section 90.18(B) within one year from
date of issuance of the unaltered animal permit, the owner will be required to submit a
completed application for a hobby breeder’s permit to the Planning and Zoning Board
within seven working days or have the pet sterilized within seven working days.
(c) The owner of the dog or cat shall not allow any breeding of the dog or cat prior to
obtaining a conditional use permit packet from the Planning and Zoning Board for the
purpose of obtaining a hobby breeder’s permit.
(’87 Code, § 11-3-2) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027;
Am. Ord. 11-09; Am. Ord. 12-33)
90.47 APPROPRIATE FEES; RECORDS.
(A)(1) Fees required for redemption from impoundment shall be set forth from time to time by ordinance
or resolution.
(2) Fees required for adoption of an impounded animal shall be set forth from time to time by
ordinance or resolution.
(3) Additional fees for special handling of animals suspected of rabies shall be set forth from time
to time by ordinance or resolution.
(’87 Code, § 11-3-3)
(4) In the case in which an animal has been cruelly treated, RRAC may petition the court to
request that the animal’s owner be ordered to post security with the court to indemnify the city for
costs incurred to care and provide for the seized animal pending the disposition of any criminal
charges of committing cruelty to animals pending against the animal’s owner as allowed by
NMSA 1978 Section 30-18-1.2.
(B)(1) The animal control officers shall, for a reasonable period of time or as required by statute, maintain
a record of all animals in their control. The records shall contain at least the following information:
(a) A complete description of the animal;
(b) The manner and date of its acquisition by the animal control officer;
(c) The date and manner of its disposal;
(d) The name and address of any person who redeems or adopts any animal;
(e) All fees received; and
(f) All medical expenses incurred.
(2) The animal control officers shall keep records of all transactions, showing all animals
impounded and all animals shall be listed individually, showing the amount of money collected
on each, as well as the disposition of each case. The animal control officers shall turn over all
money received to the City Treasurer.
(’87 Code, § 11-3-4) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027;
Am. Ord. 11-09)
90.48 DISPOSITION OF ANIMALS.
(A) If the animal is not redeemed or adopted by the seventh day of impoundment, and after an attempt
has been made to notify other animal shelters and/or animal rescues to place the animal for care and/or
adoption, or, if certified by a licensed veterinarian or a certified ACO as suffering due to medical
conditions, or is diseased and presenting a danger to other animals or personnel at the shelter, then it
may be humanely euthanized under the supervision of a licensed veterinarian, or an animal control officer
certified in euthanasia procedures. Euthanasia shall be performed in a manner consistent with the rules
and regulations of the New Mexico Animal Sheltering Board.
(B) Any feral animal that poses a threat to the public or RRAC personnel, then the animal may be
humanely euthanized prior to the required holding period.
(C) No animal that has been impounded may be adopted out for purposes of breeding or sale. This
section does not preclude adoption of animals from RRAC by animal rescues, animal shelters or other
such humane-oriented animal welfare organizations.
(D) Animals which cannot be brought to an animal shelter because of inability of animal control officers to
extricate or capture an animal which, in the opinion of the animal control officer, is vicious or infected with
any dangerous or incurable disease or in any painfully crippled condition may be euthanized by
emergency field euthanasia in a manner consistent with the rules and regulations of the New Mexico
Animal Sheltering Board.
(E) ACOs are empowered to take dogs or cats from their owners, who are residents of the city and who
have given their written permission to have their pets euthanized. The owner shall be given a receipt for
requested service. Animals taken under this section may be held for adoption or may be euthanized as
provided in subsection (A) of this section.
(F) The ACOs are empowered to pick up the carcasses of dogs and cats from the homes of their owners
who are residents of the city, and who have given their permission to have these carcasses picked up by
the city. Animal carcasses picked up under this section shall be disposed of by the city in whatever way is
determined to be the most feasible, and in a manner as to minimize expense to the Animal Control
Division and the city.
(’87 Code, § 11-3-5) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 06-09;
Am. Ord. 11-09)
90.49 ADOPTION OF ANIMALS.
(A) The adopting party shall have every dog and/or cat they adopt from the Animal Control Shelter
spayed or neutered by a licensed veterinarian under contract with the Animal Control Office. All of the
costs of the operation shall be paid by the person adopting the dog or cat. Monies collected from the
spay/neuter program shall be placed into the Spay/Neuter Fund, which shall be a permanent, selfsustaining fund, which shall be used to reimburse city contracted veterinarians. The adopting party shall
allow the animal to be microchipped by the Animal Control Office and pay the fee as set forth from time to
time by ordinance or resolution. Nothing in this section shall preclude the Animal Control Office from
entering into arrangements with animal rescue groups that provide for spaying/neutering at their cost.
Nothing in this section shall preclude RRAC from entering into a contract with a licensed veterinarian to
spay/neuter the animals prior to release to the adopting party or to arrange for low cost spay/neuter for
the adopting party.
(B) The adopting party must pay a nonrefundable fee on a dog or cat that is to be adopted with the
Animal Control Office. The Animal Control Office will have that animal spayed or neutered. The fee will
include shots, rabies vaccinations, or any other services such as microchipping and license. Those fees
shall be paid at the time the animal is picked up from the facility after the animal’s surgery is completed.
(C) In order to ensure compliance with this section:
(1) The Animal Control Office may make arrangements to have all or part of the cost of
operations deposited with the city into the Spay/Neuter Fund.
(2) The Animal Control Office shall issue rules and regulations necessary to implement this
section.
(’87 Code, § 11-3-6) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 94-055; Am. Ord. 03-027;
Am. Ord. 06-29; Am. Ord. 11-09)
90.99 PENALTY.
(A) Any person violating any provisions of this chapter for which no specific penalty is prescribed shall be
subject to this section.
(B) As to Sections 90.15, 90.17, 90.18, 90.19, 90.20, 90.21, 90.22, 90.28, and 90.29, penalty
assessments shall be as follows:
(1) For a first offense, the fine shall be a minimum of $35.
(2) For the second offense, for the same person, the fine shall be a minimum of $75.
(3) For the third offense for the same person, the fine shall be a minimum of $125.
(4) For the fourth and subsequent offenses for the same person, the fine shall be a minimum of
$250 but no more than $500 and up to 90 days in jail. In addition, the court may order the
seizure of the animal(s) owned by this person.
(5) All fines, less court fees, collected pursuant to this section shall be credited to the Police
Department, Animal Control Division.
(’87 Code, § 11-5-5) (Ord. 81-9; Am. Ord. 91-016; Am. Ord. 94-003; Am. Ord. 97-002; Am. Ord. 03-027;
Am. Ord. 11-09)
CHAPTER 116
STANDARDS FOR PROFESSIONAL ANIMAL FACILITIES, SERVICES AND HOBBY
BREEDERS Revised 4/12 Revised 1/13
Section
116.01 Purpose and intent Revised 4/12
116.02 Definitions Revised 4/12 Revised 1/13
116.03 Permit required Revised 4/12
Standards and Requirements
116.15 Animal rescue Revised 4/12 Revised 1/13
116.16 Animal shelter Revised 4/12 Revised 1/13
116.17 Boarding kennel and boarding services Revised 4/12
116.18 Commercial kennel Revised 4/12
116.19 Grooming parlors and grooming services Revised 4/12
116.20 Hobby breeders of canines and felines Revised 4/12 Revised 1/13
116.21 Hobby breeders of guinea pigs, chinchillas, sugar gliders and rabbits
116.22 Pet aquatic facility Revised 4/12 Revised 1/13
116.23 Pet day care facility and pet day care services
Revised 4/12
116.24 Pet sitting service Revised 4/12
116.25 Pet store Revised 4/12 Revised 1/13
116.26 Training facility Revised 4/12
116.27 Inspections Revised 4/12
116.28 Exemptions Revised 4/12
116.29 Compliance required Revised 4/12
116.30 Violations; suspension and revocation Revised 4/12 Revised 1/13
116.31 Administration Revised 4/12
116.99 Penalty Revised 4/12 Revised 1/13
Cross-reference:
Revised 4/12
Animals, see Chapter 90
116.01 PURPOSE AND INTENT. Revised 4/12
The governing body hereby finds it to be conducive to the promotion of the health, safety and welfare of
the people and animals of Rio Rancho to require a professional animal permit to operate an animal
rescue, animal shelter, boarding service, boarding kennel, grooming parlor, grooming service, pet aquatic
facility, pet day care facility, pet day care service, pet store or training facility. Further, it is in the interest
of the health, safety and welfare of the people and animals of Rio Rancho that a hobby breeder obtain a
hobby breeder permit. Therefore any animal shelter, animal rescue, boarding facility, commercial kennel,
hobby breeder, grooming parlor, grooming service, pet day care facility, pet day care service, pet aquatic
facility, pet store, or training kennel is subject to the provisions of this chapter as well as to the provisions
of Chapter 90.
(’87 Code, § 14-7-1) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09)
116.02 DEFINITIONS. Revised 4/12 Revised 1/13
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or
requires a different meaning. Definitions found in Chapter 90 also apply to Chapter 116. Definitions apply
whether or not capitalization is used.
ANIMAL RESCUE. Any person or group who accepts companion animals for the purpose of finding a
permanent adoptive home for the animals and does not maintain a central facility for keeping animals, but
rather uses a system of fostering in private homes, or boarding or keeping in licensed pet animal facilities.
This definition does not include wildlife rescue and rehabilitation services.
ANIMAL SHELTER. A facility used to house or contain six or more stray, homeless, abandoned or
unwanted animals and that is owned, operated or maintained by an established animal humane
organization, animal welfare organization, organization for the prevention of cruelty to animals or other
nonprofit organization, or by a person or persons devoted to the welfare, protection or humane treatment
of animals. This definition does not include wildlife rescue and rehabilitation facilities.
BOARDING KENNEL. Any facility where dogs or cats are housed for the general public for a profit with
the exception of state-inspected veterinarian hospitals, pet stores, grooming parlors and animal shelters.
BOARDING SERVICE. The provision of housing and care of an animal in the absence of the owner for a
period of 24 hours or more with the exception of state-inspected veterinary hospitals so long as the
boarding area is inspected by the state.
COMMERCIAL KENNEL. Any person, persons, organization or facility that breeds dogs or cats or hybrids
thereof and causes or allows the production of three or more litters of offspring at any one time.
GROOMING PARLOR. Any establishment, or part thereof, or premises maintained for the purpose of
offering bathing, clipping, or combing of animals and for which a fee is charged. This definition includes
facilities that offer self-service bathing or grooming but excludes state-inspected veterinary facilities so
long as the grooming area is inspected by the state.
GROOMING SERVICES. Any person, persons or group who provides bathing, clipping or combing of
animals for which a fee is charged via mobile services or in-home services.
HOBBY BREEDER.
(1) Any person who either causes or allows any dog, cat, guinea pig, chinchilla, sugar glider or
rabbit to be bred; or
(2) Any person who either causes or allows any animal subject to an unaltered animal permit
issued under Section 90.46(D) to breed.
PET AQUATIC FACILITY. Any facility which maintains for commercial purposes a swim spa or swimming
pool for uses that may include but are not limited to dog swim therapy, dog swim lessons or recreation or
group dog swimming. This definition does not apply to the provision of shallow plastic wading pools by
permitted boarding, training or day care facilities; water therapy equipment that is designed to be drained
and disinfected between animals; or state-inspected veterinary rehabilitation facilities.
PET DAY CARE FACILTY. Any establishment, or part thereof, or premises maintained for the purpose of
providing socialization, training, or housing, in the absence of the owner, for less than 24 hours for pets
owned by the general public for which a fee is charged. Exceptions to this definition would include stateinspected veterinary hospitals so long as the day care facility area is inspected by the state and facilities
already permitted by the city as boarding kennels, grooming parlors, pet stores or animal shelters.
PET DAY CARE SERVICES. Any person or group who provides in-home care for less than 24 hours in
the absence of the owner for the purposes of socialization, training, or housing of pets owned by the
general public for which a fee is charged.
PET SITTING SERVICE. Any business or group that receives compensation (including in-kind
compensation) in exchange for providing for pet care services, including but not limited to feeding,
watering, medicating, cleaning, playing and/or exercising a pet or pets in the pet owner’s premises while
the pet owner is absent or otherwise not available to provide care.
PET STORE. Any commercial establishment or premises or part thereof, that acquires through purchase,
consignment, donation, importation or breeding, live animals including mammals, birds, reptiles or fish but
excluding livestock and offers these animals to the public or other commercial outlets for the purchase,
sale, exchange, barter, trade or transfer. This definition shall not include livestock auctions, livery stables,
or the operating residence of a hobby breeder.
PRIMARY ENCLOSURE. A primary enclosure is the pen, run, cage, or room in which a domestic animal
normally spends most of its time. This is the area in which the animal eats, drinks, eliminates, rests and
sleeps.
PROFESSIONAL ANIMAL BUSINESS. A business operated by a person or group of persons which
involves live animals including but not limited to animal rescue, animal shelter, boarding kennel, grooming
parlor, grooming services, commercial kennel, pet day care facility, pet day care services, pet store, or
training facility.
PROFESSIONAL ANIMAL PERMIT. A permit issued by Animal Control to a person or group of persons
who intend to operate a business which involves live animals including but not limited to animal rescue,
animal shelter, boarding kennel, grooming parlor, grooming services, pet day care facility, pet day care
services, pet store, or training facility.
PUPPY MILL. A dog breeding operation in which the health of the dog is disregarded in order to maintain
a low overhead and maximize profits.
SANITIZE, SANITATION. SANITATION means the maintenance of conditions conducive to health and
involves bedding changes (as appropriate), cleaning and disinfection. Cleaning removes excessive
amounts of dirt and debris; disinfection reduces or eliminates unacceptable concentrations of
microorganisms. To SANITIZE, therefore, means to make physically clean and to the maximum degree
practical, remove and destroy agents injurious to health.
TRAINING FACILITY. Any commercial facility which receives compensation for the boarding and care of
animals in training for more than a 24-hour period in the absence of the owner. Training services include
housing, training, handling, showing, grooming and transportation of an animal. Such training services
shall be for the purposes of exhibition, behavior modification or enhancement, assistance for the disabled,
hunting, and field trial or lure course training, guard dog training, agility or any other type of training
service.
VETERINARIAN. Any person who is licensed as a doctor of veterinary medicine by the New Mexico
Board of Veterinary Medicine pursuant to the Veterinary Practice Act [61-14-1 NMSA 1978].
ZOONOSIS or ZOONOTIC DISEASE. Any disease which may be found in animals that is transmissible
from an animal to a human.
(’87 Code, § 14-7-2) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09;
Am. Ord. 12-33)
116.03 PERMIT REQUIRED. Revised 4/12
(A) Any person who intends to operate a professional animal business such as an animal rescue, animal
shelter, boarding kennel, grooming parlor, grooming service, pet aquatic facility, pet day care service, pet
store, or training facility shall obtain a business registration from the City Clerk’s office and a professional
animal permit from the Animal Control Division of the Police Department.
(B) A hobby breeder must obtain a conditional use permit from the Planning and Zoning Commission. If a
hobby breeder also sells animals, a business registration shall be obtained from the City Clerk’s office.
When a hobby breeder permit is applied for, an inspection of the premises shall be conducted by the
Chief of Police, or his authorized agent, to determine compliance with relevant city ordinances.
(C)(1) When a professional animal permit is applied for, an inspection of the facility or premises used by a
business shall be conducted by the Chief of Police, or his authorized agent, to determine compliance with
relevant city ordinances.
(2) If the inspection reveals that the premises and the operation comply, a permit for the
professional animal facility shall be issued. Permits are only valid for the approved premises.
Permits are not transferable.
(D) A current permit shall be posted in a conspicuous place in every professional animal business or
premises used by a hobby breeder.
(E) Professional animal permits and hobby breeder permits shall be issued annually and shall be
renewed by the owner or custodian during the anniversary month of the permit.
(F) A professional animal or hobby breeder permit holder shall notify the Animal Control Division of any
change in operations which may affect the status of the permit and shall keep the Animal Control Division
informed of any change in name or location of the business.
(’87 Code, § 14-7-5) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09)
STANDARDS AND REQUIREMENTS
116.15 ANIMAL RESCUE. Revised 4/12 Revised 1/13
(A) Facility and maintenance standards.
(1) General standards.
(a) All housing areas shall be of sound physical structure and constructed of nontoxic
material.
(b) Animal housing shall be maintained in good repair and kept clean and sanitary at all
times so as to protect animals from disease and injury and shall be secure enough to
ensure containment of the animal within the housing area.
(c) Animals shall be provided with clean bedding and other supplies such as litter pans,
litter, shredded paper, towels, straw, etc., as appropriate for each species.
(d) Pens, cages and runs shall provide adequate space to prevent overcrowding and to
permit adequate exercise according to the requirements of the species.
(e) Lighting shall be provided, whether natural or artificial or a combination of both, for a
minimum of eight hours per day, at a sufficient level for inspection of the animals, routine
cleaning, and proper animal care.
(f) Sufficient ventilation shall be provided to minimize odors and moisture and ensure the
health and comfort of the animals at all times.
(g) Reliable and adequate electric power and/or gas shall be provided for lighting, air
circulation, heating and cooling.
(h) No animal shall be housed over a 24-hour period in an airline type container.
(i) Barking shall be controlled.
(j) Wire flooring is prohibited for dogs, cats, guinea pigs, and chinchillas.
(k) Provisions shall be made for the removal and proper disposal of animal food, waste,
bedding, dead animals and debris. Animal waste must be disposed of at a minimum of
once per week or more often, as necessary, to maintain sanitary conditions.
(2) Indoor area.
(a) Indoor animal housing areas must be provided with sufficient heating and cooling to
protect animals from extreme temperatures and to provide for their health and comfort at all
times. The ambient temperature shall be consistent with the needs of the animal species
and their life stage and medical condition.
(b) Housing, whelping and queening areas must be of sufficient size to allow room for each
animal to stand and walk around freely, and exercise normal postural movements as well
as allowing adequate room for bedding, food/water bowls, and the birth and care of any
offspring.
(c) All floors in the animal housing area must be able to be cleaned and sanitized.
(d) Convenient toilet and hand washing facilities with hot and cold running water shall be
available to maintain personal hygiene.
(e) Animal play areas shall be of sufficient size to allow for maintenance of sanitary
conditions and to avoid overcrowding of animals.
(3) Outdoor area.
(a) Outdoor areas and exercise areas shall have adequate walls or fences to keep foster
animals secured and to restrict the entry of dangerous animals from the outside.
(b) Outdoor areas and exercise areas shall be provided with areas of shade from direct
sunlight, and adequate shelter to protect from rain, snow, or weather detrimental to the
health of the animal.
(c) Outdoor areas and exercise areas shall have adequate drainage to prevent standing
water.
(d) Animals shall not be allowed in outside areas unless they are able, in the environmental
conditions present at that time, to maintain the normal body temperature appropriate for
that species.
(4) Food and water.
(a) Sufficient wholesome food and clean water shall be provided to the animals daily
according to the needs of the species. The food shall be free from contamination, and of
sufficient quality and nutritive value to meet the requirements for the life stage, size, and
medical condition of the animal.
(b) Animals shall be monitored during feeding time to ensure that all animals are able to eat
adequately. Separation of animals into different areas and/or use of crates may be
necessary to ensure that this occurs.
(c) Water bowls shall be emptied, sanitized and refilled with fresh potable water daily. Care
shall be taken so that the water bowl does not present a hazard to the animal, especially
young animals. Care shall also be taken to ensure that the water bowls cannot be
overturned during the normal activity of the animals.
(d) Food storage areas shall be physically separated from the animal housing area as well
as from the cleaning supply storage and from equipment cleaning area.
(e) Food shall be stored in such a manner that it is adequately protected against infestation
or contamination by vermin and from spoilage.
(f) Food bowls shall be emptied and sanitized daily.
(B) Operations standards.
(1) Policies and procedures.
(a) Animal rescue groups shall have and follow written manuals containing policies for the
group and foster homes that cover but are not limited to the following areas: rules of the
rescue group, standards of care of the animals, sanitation protocols, vaccination protocols,
veterinary and emergency care protocols, parasite treatment and prevention programs,
emergency numbers for rescue staff and volunteers, emergency contingency plans,
inspection standards and schedules for foster homes, and adoption standards.
(b) Animal rescue groups shall provide a copy of such policy manual to each member of
the animal rescue group as well as to each foster home provider so that they are aware of
the rescue group policies.
(c) Animal rescue groups shall have disciplinary procedures in place in the event a foster
home is not in compliance with the policies of the rescue group.
(2) Veterinary care.
(a) Each animal shall be observed daily by the animal caretaker in charge for signs of
disease, injury or distress.
(b) Sick, diseased or injured animals shall be provided with proper veterinary care within a
reasonable amount of time. No animal shall be allowed to suffer due to lack of or delay of
veterinary care.
(c) A written veterinary-approved program shall be developed and updated at least on an
annual basis. The minimum requirements for this program include parasite preventative
program, vaccination programs, procedures to minimize disease transmission, disease and
injury recognition training, as well as emergency care and procedures. This program shall
also contain protocols for monitoring the effectiveness of the parasite program as well as a
disease surveillance program.
(d) Medical records shall be kept for each animal treated by the rescue group. Every
treatment an animal receives shall be recorded and made available to the new owner if
adopted.
(e) Any animal suspected of showing symptoms of rabies infection shall be immediately
segregated and reported to Animal Control.
(f) The rescue group shall employ or contract with a veterinarian to provide medical
treatment, program consultation, and emergency care for the rescue animals.
(g) Prescription medications shall only be administered to animals if prescribed by a
licensed veterinarian or under the direction of a licensed veterinarian.
(3) Foster homes.
(a) All foster homes within city limits used by an animal rescue shall be registered with the
rescue group as well as with Animal Control.
(b) The rescue group shall oversee the foster homes and ensure that they are in
compliance with the policies and procedures of the rescue group.
(c) Foster homes shall not exceed more than a total of five animals more than three months
of age, including their own animals, without a foster permit. A foster permit allows the
fostering of up to three animals in addition to the upper limit of five owned animals.
(d) A foster permit is a conditional use permit from the Planning and Zoning Commission. In
order for a conditional use foster permit to be granted, the premises must be inspected by
the Chief of Police or his authorized agent, to determine compliance with relevant city
ordinances. Person or persons applying for a foster permit shall be registered with a
permitted rescue group and registered with Animal Control.
(e) Foster homes are subject to inspection by Animal Control and unsanitary conditions or
violations of city ordinances may result in the revocation of the registration.
(f) A written program for the rescue group as well as for each foster home shall be
instituted which details the procedures to follow in the case of an animal or environmental
emergency.
(g) As most foster homes have multiple animals, compatibility of the animals shall be
ascertained prior to leaving animals unattended and shall be monitored periodically.
(C) Adoption standards.
(1) There shall be kept a record of all animals received and fostered and their ultimate
disposition.
(2) A rescue group must comply with NMSA § 77-1-20 as it pertains to sterilization agreements
and sterilization deposits.
(3) A rescue group shall not adopt or transfer an animal that is showing signs of a suspected
contagious or zoonotic disease.
(4) A rescue group may adopt or transfer an animal suffering from a health condition only if
written disclosure of the condition is provided to the new owner prior to the completion of the
adoption.
(5) A rescue group shall accept for refund or exchange any animal found within seven days of
adoption to be suffering from an undisclosed health condition as documented by a licensed
veterinarian.
(6) If the animal is receiving medication, then the medication is to be transferred to the new
owner in the original container with the original prescription label specific for that animal.
(Ord. 11-09; Am. Ord. 12-33)
116.16 ANIMAL SHELTER. Revised 4/12 Revised 1/13
(A) Facility and maintenance standards.
(1) General.
(a) All animal housing facilities shall be structurally sound and constructed of nontoxic
materials.
(b) Interior and exterior floors and all animal contact areas shall be smooth, impervious to
water, and able to be easily cleaned and sanitized; provided, that outdoor runs may have a
floor of animal-appropriate gravel which is replaced on a regular schedule consistent with
the maintenance of sanitary conditions.
(c) Facilities shall be maintained in good repair and kept clean and sanitary at all times so
as to protect animals from disease and injury and shall be secure enough to ensure
containment of the animals within the shelter.
(d) Pens, cages and runs shall provide adequate space to prevent overcrowding and to
permit adequate exercise according to the requirements of the species.
(e) Lighting shall be provided, whether natural or artificial or a combination of both, for a
minimum of eight hours per day, at a sufficient level for inspection of the animals, routine
cleaning and sanitation, and proper animal care.
(f) Sufficient ventilation shall be provided to minimize odors and moisture and ensure the
health and comfort of the animals.
(g) Reliable and adequate electric power and/or gas shall be provided for lighting, air
circulation, heating and cooling.
(h) No animal shall be housed over a 24-hour period in an airline-type container.
(i) All animals shall be confined to an inside area after 10:00 p.m.
(j) Barking shall be controlled.
(k) Compatibility of animals in group housing shall be ascertained prior to leaving animals
unattended and shall be monitored periodically.
(l) Wire flooring is prohibited for dogs, cats, guinea pigs, and chinchillas.
(2) Indoor facilities.
(a) Buildings shall include four solid walls to protect animals from weather conditions and
prevent entry of unauthorized persons.
(b) Indoor housing shall be provided with sufficient heating and cooling to protect the
housed animals from extreme temperatures and to provide for their health and comfort at
all times. The ambient temperature shall be consistent with the needs of the animal species
kept at the facility.
(c) Indoor housing for animals should be adequately ventilated with fresh air to minimize
odors and moisture and to provide for the health and comfort of the animals at all times.
(d) Rooms with cages and indoor kennels should have fresh air ventilation providing 10 or
more air changes per hour in animal housing areas or may recycle air through an effective
filter system.
(e) Solid dividers shall be required between each run or cage that prevent cross
contamination from water runoff and be high enough to prevent nose-to-nose contact by
animals housed within the run or cage.
(f) Indoor runs must be constructed so that water runoff does not enter adjacent runs and is
rapidly eliminated from the floor of the runs and walkways.
(g) The area for indoor runs for dogs shall not be less than 16 square feet and shall meet
the minimal space requirement per dog detailed in subsection (A)(4)(h) of this section.
(3) Outdoor facilities.
(a) If outside housing is provided, it must be sufficient to protect the animal from sunlight,
rain, snow or weather detrimental to the animal’s health.
(b) Solid dividers shall be required between each run or cage that prevent cross
contamination from water runoff and be high enough to prevent nose-to-nose contact by
animals housed within the run or cage.
(c) All kennel and shelter facilities, as well as any outside run area, shall be completely
fenced with a minimum of six-foot fencing.
(d) Outdoor runs must be constructed so that there is no standing water after the cleaning
of the runs.
(e) The area for an outside kennel run for dogs shall not be less than 32 square feet and
meet the minimal space requirement per dog listed in subsection (A)(4)(h) of this section.
(f) If indoor/outdoor runs are used they must meet the standards for both indoor runs and
outdoor runs.
(g) Animals shall not be allowed in outside areas unless they are able, in the environmental
conditions present at that time, to maintain the normal body temperature appropriate for
that species.
(4) Primary enclosures.
(a) All animals housed at the shelter shall be confined to a primary enclosure at all times
unless under the direct supervision of shelter staff or qualified volunteer.
(b) Primary enclosures for rabbits that use wire flooring shall have a solid resting area large
enough for each animal housed in that enclosure to lay down and stretch out.
(c) Primary enclosures shall be large enough and cleaned on a schedule (no less than
daily) so that the animal can stay dry and avoid contact with excrement.
(d) Each primary enclosure shall display an identification tag for each animal contained
therein.
(e) The primary enclosure for a cat shall not be less than two and one-half square feet per
cat. The height of the primary enclosure shall not be less than two feet. The primary
enclosure for a cat must contain at least one elevated resting area for each cat.
(f) The primary enclosure for a cat shall have at least one litter pan per two cats.
(g) Primary enclosures housing nursing cats with litters shall provide more space and
resting areas than the minimum requirement for a single cat.
(h) Space requirements for dogs.
1. A dog weighing less than 15 pounds shall have a minimum of four square feet of
flat floor space.
2. A dog weighing 15 to 30 pounds shall have a minimum of eight square feet of flat
floor space.
3. A dog weighing more than 30 pounds shall have a minimum of 12 square feet of
flat floor space.
(5) Foster homes. If an animal shelter makes use of foster homes, the shelter and the foster
homes shall comply with the regulations of Section 116.15(B).
(6) Waste disposal.
(a) Provisions shall be made for the removal and proper disposal of animal food, waste,
bedding, dead animals and debris.
(b) Disposal facilities shall be provided and operated so as to minimize vermin infestation,
odors and disease hazards.
(c) Waste systems shall meet state and local regulations.
(7) Food and water.
(a) Animals shall be provided with clean, fresh, sufficient and wholesome food and water,
according to their needs.
(b) Food provided to the animal shall be appropriate for the species, life stage and any
medical condition that the animal may be experiencing.
(c) Food storage areas shall be physically separated from the animal housing area as well
as from the cleaning supply storage and from equipment cleaning area.
(d) Food shall be stored off the floor and in such a manner to avoid spoilage,
contamination, and vermin.
(e) Open bags of kibble shall be stored in sealed containers.
(f) Open containers of canned food shall be sealed and kept refrigerated.
(g) Animals shall be fed no less than daily. Animals under the age of six months shall be
fed no less than twice daily. Animals under the age of three months shall be fed no less
than three times daily. Food left in bowls from the previous feeding shall be discarded.
These guidelines shall not necessarily apply to atypical shelter animals such as snakes and
fish. Such atypical shelter animals shall be fed in accordance with routine husbandry
practices which fulfill the needs of each species.
(h) Food bowls shall be emptied and sanitized daily.
(i) Animals housed in groups shall be monitored during feeding time to ensure that all
animals are able to eat adequately. Separation of the animals into different areas and/or
use of crates may be necessary to ensure that this occurs.
(j) Water bowls shall be emptied, sanitized and refilled with fresh potable water daily. Care
shall be taken so that the water bowl does not present a hazard to the animal, especially
young animals. Care shall also be taken to ensure that the water bowls cannot be
overturned during the normal activity of the animals.
(8) Veterinary care.
(a) Each animal shall be observed daily by the animal caretaker in charge for signs of
disease, injury, or distress.
(b) An isolation area shall be provided for containment of animals suspected of suffering
from an infectious disease. An animal suspected of having an infectious disease shall be
immediately separated from other susceptible animals and placed in the isolation area.
Except nursing dams, an ill or injured animal shall be housed singly in a primary enclosure
within the isolation area.
(c) Sick, diseased or injured animals shall be provided with proper veterinary care within a
reasonable amount of time. No animal shall be allowed to suffer due to lack of or delay of
veterinary care.
(d) A written veterinary-approved program shall be developed and updated at least on an
annual basis. The minimum requirements for this program include parasite preventative
program, vaccination programs, procedures to minimize disease transmission, disease and
injury recognition training, as well as emergency care and procedures. This program shall
also contain protocols for monitoring the effectiveness of the parasite program as well as a
disease surveillance program.
(e) Medical records shall be kept for each animal treated at the shelter. Every treatment an
animal receives shall be recorded and made available to the new owner if adopted.
(f) Any animal suspected of showing symptoms of rabies infection shall be immediately
segregated and reported to Animal Control.
(g) A shelter shall employ or contract with a veterinarian to provide medical treatment,
program consultation, and emergency care for the shelter animals.
(h) A written program shall be instituted which details the procedures to follow in the case
of an animal or environmental emergency.
(9) Adoption standards.
(a) The shelter shall keep a record of all animals received and housed and their ultimate
disposition.
(b) A shelter shall comply with NMSA § 77-1-20 as it pertains to sterilization agreements
and sterilization deposits.
(c) A shelter shall not adopt out or transfer an animal that is showing signs of a suspected
contagious or zoonotic disease.
(d) A shelter may adopt out or transfer an animal suffering from a chronic condition only if
written disclosure of the condition is provided to the new owner prior to the completion of
the adoption.
(e) A shelter shall accept for refund or exchange any animal found within seven days of
adoption to be suffering from an undisclosed chronic condition as documented by a
licensed veterinarian.
(Ord. 11-09; Am. Ord. 12-33)
116.17 BOARDING KENNEL AND BOARDING SERVICES.
Revised 4/12
Boarding services may only be provided by a permitted boarding facility. Boarding kennels are only
allowed in M-1 zoning with prior approval, by the city.
(A) Facility and maintenance standards.
(1) Indoor facilities.
(a) Buildings shall be of sound physical structure and maintained in good repair.
(b) Exterior structures shall be secure in order to protect animals from injury or escape and
to restrict the entry of outside animals or unauthorized persons.
(c) Animal food storage areas shall be kept physically separated from cleaning supply
storage, equipment cleaning areas, and animal housing. Cleaning supply storage and
equipment cleaning areas shall be physically separate from animal housing.
(d) Indoor housing shall be provided with sufficient heating and cooling to protect the
housed animals from extreme temperatures and to provide for their health and comfort at
all times. The ambient temperature shall be consistent with the needs of the animal species
kept at the facility.
(e) Lighting shall be provided, whether natural or artificial or a combination of both, for a
minimum of eight hours per day, at a sufficient level for inspection of the animals, routine
cleaning and sanitation, and proper animal care.
(f) Sufficient ventilation shall be provided to minimize odors and moisture and ensure the
health and comfort of the animals.
(g) All indoor floors, walls and animal contact areas shall be smooth, impervious to water
and able to be easily cleaned and sanitized.
(h) Floors shall have properly constructed drains that are kept in good repair.
(i) Convenient toilet and hand washing facilities with hot and cold running water shall be
available to maintain personal hygiene among animal caretakers.
(j) Water supply shall allow for hose hook-up, to readily reach all parts of animal housing.
Water pressure shall be adequate for cleaning of animal housing areas.
(k) Any common animal play areas shall be of sufficient size to allow for maintenance of
sanitary conditions and to avoid overcrowding of animals.
(l) Food supplies and bedding shall be stored in such a manner that they are adequately
protected against spoilage, infestation and contamination by vermin.
(m) Provisions shall be made for the removal and proper disposal of animal food, waste,
bedding, dead animals, and debris:
1. Disposal facilities shall be operated so as to minimize vermin infestation, odors,
and disease hazards;
2. Dead animals shall be removed immediately from the primary enclosure and
placed in a designated freezer until carcass can be properly disposed of in
accordance with city ordinances.
(n) An isolation area shall be provided for containment of sick animals.
(2) Primary animal enclosures.
(a) Primary animal enclosures shall be constructed of materials that are water resistant and
can be readily cleaned and sanitized.
(b) Primary animal enclosures shall be maintained in good repair and sanitary condition to
enable the animals to remain clean and dry and to provide convenient access to food and
clean water.
(c) Primary animal enclosures shall be separated by solid walls to prevent water and waste
from flowing from animal to animal, and to prevent nose-to-nose contact between animals
in separate enclosures.
(d) Primary animal enclosures shall be of sufficient size to allow room for each pet animal
to stand and walk around freely, and exercise normal postural movements as well as
allowing room for bedding and food bowls.
(e) Cats shall be provided with clean bedding and a litter pan in each primary enclosure.
(f) Dogs shall be provided bedding, platforms, or padded resting areas within the primary
enclosure according to their individual needs.
(g) Wire flooring in primary enclosures for dogs, cats, guinea pigs, and chinchillas is
prohibited.
(3) Outdoor facilities.
(a) Outdoor housing or exercise areas shall have adequate walls or fences to keep pets
secured and to restrict the entry of mammals from outside.
(b) Outdoor housing or exercise areas shall be provided with areas of shade from direct
sunlight.
(c) Adequate drainage in outdoor areas shall be provided in order to prevent standing
water.
(d) All outdoor areas where animals are kept shall have impermeable flooring that can
easily be cleaned and sanitized or shall have a minimum of six inches of animalappropriate gravel which is replaced on a regular schedule which is consistent with the
maintenance of sanitary conditions.
(e) Animals shall not be allowed in outside areas unless they are able, in the environmental
conditions present at that time, to maintain the normal body temperature appropriate for
that species.
(B) Program and operation standards.
(1) The entire facility shall be maintained in a clean and sanitary condition.
(2) Animal waste shall be removed from primary animal enclosures daily or more often as
necessary for the animal housed within to avoid contact with the waste.
(3) Primary animal enclosures shall be cleaned daily and sanitized between animals. Animals
shall be removed from the enclosures during the cleaning process.
(4) Food and water bowls shall be clean and made of materials that can be sanitized or that are
disposed of after each use. Plastic bowls are prohibited.
(5) Animals shall be housed individually unless otherwise requested by the owner.
(6) Each animal shall be observed daily for signs of disease, injury or distress.
(a) An animal suspected of having an infectious disease shall be separated from other
susceptible animals and placed in an isolation area;
(b) Any injured or ill animal shall be provided veterinary care in a timely manner. No animal
shall be allowed to suffer due to lack of or delay of veterinary care;
(c) Any animal suspected of showing symptoms of rabies infection shall be immediately
segregated and reported to Animal Control;
(d) Medications may only be administered to boarding animals if provided and directed by
the owner, or if prescribed directly by a veterinarian.
(7) Sufficient wholesome food and potable water shall be provided to the animals, according to
the needs of the species. The food shall be free from contamination, and of sufficient quality and
nutritive value to meet the normal daily requirements for the condition, size, and age of the
animal.
(8) Prior to admission of a dog, cat or ferret four months of age or older, proof shall be obtained
from the pet owner that the animal is currently immunized against rabies.
(9) Written or electronic records shall be maintained, for a period of 365 days from the animal’s
latest attendance date, of each individual animal attending the boarding facility, including the
following information:
(a) Dates of attendance;
(b) Owner’s address and telephone number;
(c) Type of animal, including breed;
(d) Animal’s name;
(e) Date(s) of rabies vaccinations.
(10) Prior to selling any pet food products, the business owner shall ensure that the food product
is registered with the New Mexico Department of Agriculture.
(11) A written veterinary-approved program shall be developed and updated at least annually.
The minimum requirements for this program include parasite preventative program, vaccination
recommendations, procedures to minimize disease transmission, disease and injury recognition
training, emergency care and procedures.
(12) A written program shall be instituted which details the procedures to be followed in the case
of an animal or environmental emergency.
(Ord. 11-09)
116.18 COMMERCIAL KENNEL. Revised 4/12
Commercial kennels are prohibited within the city limits.
(Ord. 11-09)
116.19 GROOMING PARLORS AND GROOMING SERVICES.
Revised 4/12
Grooming parlors whether located in a commercial facility, residence, or portion of a residence are subject
to all of the provisions contained in this section. Mobile and in-client home grooming services are subject
to subsection (B) of this section, Program and operation standards.
(A) Facility and maintenance standards.
(1) All buildings shall be of adequate construction, maintained in good repair, and secured in
order to protect animal from injury or escape and restrict the entry of animals including rodents
and or other vermin as well as unauthorized individuals from the outside.
(2) All animal housing facilities shall be structurally sound and constructed of nontoxic materials.
(3) Interior and exterior floors shall be smooth, easily cleaned and sanitized, and impervious to
water. Floors shall have proper drainage so that the animal can remain dry while housed in the
primary enclosure.
(4) Facilities shall be maintained in good repair and kept clean and sanitary at all times so as to
protect animals from disease and injury.
(5) Indoor housing shall be provided with sufficient heating and cooling consistent with the needs
of the animals kept at the facility.
(6) Sufficient lighting shall be provided by either natural or artificial means or a combination of
both sufficient for the inspection of the animals, routine cleaning and sanitation, and proper
animal care.
(7) Sufficient ventilation shall be provided to ensure the health and comfort of the animal kept at
the facility.
(8) Conveniently available toilet and hand-washing facilities with hot and cold running water shall
be provided at the facility.
(9) All common animal play areas shall be of sufficient size to allow for maintenance of sanitary
conditions and to avoid overcrowding of animals.
(10) Primary enclosures shall be of sufficient size to allow each animal kept at the facility to turn
around and exercise normal postural movements.
(11) Primary enclosures shall be constructed of materials that are water resistant and can be
readily cleaned and sanitized.
(12) Wire flooring is prohibited.
(13) Provisions shall be made for the removal and proper disposal of animal food, waste,
bedding, dead animals and debris. These provisions shall minimize vermin infestations, odors
and disease hazards.
(14) If there is an outside enclosure at the facility, a wall or fence shall be present and of
sufficient construction to secure the pets and protect them from entry of dangerous animals and
unauthorized individuals.
(15) Outdoor animal areas shall be sufficient to protect the animal from sunlight, rain, snow or
weather detrimental to the animal’s health or shall allow indoor access.
(16) All outdoor areas where animals are kept shall have impermeable flooring that can easily be
cleaned and sanitized or shall have a minimum of six inches of animal-appropriate gravel which
is replaced on a regular schedule which is consistent with the maintenance of sanitary
conditions.
(B) Program and operation standards.
(1) The entire facility shall be maintained in a clean and sanitary condition on a daily basis.
(2) Prior to admission of a dog or cat which is four months of age or older, proof shall be
obtained from the pet’s owner that the animal is currently vaccinated against rabies.
(3) Stationary and unattended pet driers shall have no heating elements to avoid overheating of
or burns to the animal.
(4) Stationary pet driers shall be attended or well ventilated with open front cages to avoid
overheating and heat prostration of the animal.
(5) Grooming implements and instruments shall be disinfected routinely.
(6) If animals require sedation for grooming, medications shall be administered by grooming
personnel only if directed to do so by the owner and the medication is provided to the groomer
by the owner.
(7) Runs and cages shall display an identification tag for each animal contained therein.
(8) Written or electronic records shall be maintained for a period of 365 days from the animal’s
latest attendance date, of each individual animal attending the boarding facility, including the
following information:
(a) Dates of attendance;
(b) Owner’s address and telephone number;
(c) Type of animal, including breed;
(d) Animal’s name;
(e) Date(s) of rabies vaccinations.
(9) A written veterinary-approved program shall be developed and updated at least on an annual
basis. The minimum requirements for this program include vaccination recommendations,
procedures to minimize disease transmission, disease and injury recognition training, emergency
care and procedures.
(10) A written program shall be instituted which details the procedures to be followed in the case
of an animal or environmental emergency.
(Ord. 11-09)
116.20 HOBBY BREEDERS OF CANINES AND FELINES. Revised 4/12 Revised 1/13
(A) Facilities and maintenance standards.
(1) General. Ensure that the housing areas are of sound physical structure and constructed of
nontoxic material.
(2) Animal housing shall be maintained in good repair and kept clean and sanitary at all times so
as to protect animals from disease and injury and shall be secure enough to ensure containment
of the animal within the housing area.
(3) Animals shall be provided with clean bedding and other supplies such as litter pan, litter,
shredded paper, towels, etc., as needed for each species.
(4) Pens, cages and runs shall provide adequate space to prevent overcrowding and to permit
adequate exercise according to the requirements of the species.
(5) Lighting must be provided, whether natural or artificial or a combination of both, for a
minimum of eight hours per day, at a sufficient level for inspection of the animals, routine
cleaning, and proper animal care.
(6) Sufficient ventilation must be provided to minimize odors and moisture and ensure the health
and comfort of the animals.
(7) No animal shall be housed over a 24-hour period in an airline-type container.
(8) Barking shall be controlled.
(9) Wire flooring is prohibited.
(10) Provisions shall be made for the removal and proper disposal of animal food, waste,
bedding, dead animals and debris. Animal waste must be disposed of at a minimum of once per
week or more often as necessary to maintain sanitary conditions.
(11) A hobby breeder shall not breed, intentionally or unintentionally, more than one litter from
the same female animal in a consecutive 12-month period.
(12) Female canines shall be at least 24 months of age before they can be bred.
(13) Female felines shall be at least 12 months of age before they can be bred.
(14) A hobby breeder shall have no more than two litters or groups of any animals present at any
given time under the age of three months.
(B) Indoor area.
(1) Indoor animal housing areas shall be provided with sufficient heating and cooling to protect
animals from extreme temperatures and to provide for their health and comfort at all times. The
ambient temperature shall be consistent with the needs of the animal species kept on the
premises.
(2) Animal housing, whelping, and queening areas shall be of sufficient size to allow room for
each animal to stand and walk around freely, and exercise normal postural movements as well
as allowing adequate room for bedding, food/water bowls, and the birth and care of offspring.
(3) All floors and walls in the animal housing area shall be smooth, impervious to water and able
to be easily cleaned and sanitized.
(4) Convenient toilet and hand washing facilities with hot and cold running water shall be
available to maintain personal hygiene.
(5) Ensure that animal play areas are of sufficient size to allow for maintenance of sanitary
conditions and to avoid overcrowding of animals.
(C) Outdoor area.
(1) Outdoor or exercise area must have adequate walls or fences to keep pets secured and to
restrict the entry of animals from outside.
(2) Outdoor or exercise area must be provided with areas of shade from direct sunlight, and
adequate shelter for protection from rain, snow, or weather detrimental to the animal’s health.
(3) Outdoor area must have adequate drainage to prevent standing water.
(4) Animals shall not be allowed in outside areas unless they are able in the environmental
conditions present at that time to maintain the normal body temperature appropriate for that
species.
(D) Food and water.
(1) Sufficient wholesome food and clean water shall be provided to the animals daily, according
to the needs of the species. The food must be free from contamination, and of sufficient quality
and nutritive value to meet the normal daily requirements for the condition, size, and age of the
animal.
(2) Food storage areas shall be physically separated from the animal housing area as well as
from the cleaning supply storage and from equipment cleaning area.
(3) Food shall be stored in such a manner that it is adequately protected against infestation or
contamination by vermin.
(E) Operations standards.
(1) Veterinary care.
(a) All animals shall be observed daily for signs of disease, injury or distress by the hobby
breeder.
(b) Sick, diseased, or injured animals shall be provided with proper veterinary care within a
timely manner. Any animal experiencing dystocia (difficulty in birthing) shall be taken to a
licensed veterinarian immediately upon observation of the condition. No animal shall be
allowed to suffer due to lack of or delay of veterinary care.
(c) Offspring (puppies and kittens) shall be examined by a licensed veterinarian prior to
sale or adoption.
(d) In order to minimize disease transmission, and control parasites, offspring (puppies and
kittens) shall be vaccinated and dewormed according to the recommendations of a licensed
veterinarian.
(e) Prescribed medications shall only be administered to animals if prescribed by a licensed
veterinarian or under the direction of a licensed veterinarian.
(2) Examinations, vaccinations and parasite control.
(a) The animal to be bred shall be examined annually by a licensed veterinarian and shown
to be following the wellness program recommended by the veterinarian. Vet records shall
be maintained for the life of the animal.
(b) Offspring shall be immunized against infectious diseases common to the species;
parasite control should be consistent with the size and age of the animal; and animals
should be free of internal/external parasites before being transferred to a new owner.
Records of vaccinations, parasite control, and dates thereof shall be maintained for each
offspring produced.
(3) Sale/adoption/transfer of offspring.
(a) Offspring of the bred animal shall not be sold, adopted, or transferred until they are at
least eight weeks of age, fully weaned, and shall be eating sufficiently on their own to
maintain proper body condition.
(b) Offspring shall be examined by a licensed veterinarian prior to sale, adoption, or
transfer to ensure the animal is healthy.
(c) A hobby breeder shall not sell, adopt or transfer an animal that is showing signs of a
suspected contagious or zoonotic disease.
(d) Hobby breeder may sell, adopt or transfer an animal suffering from a health condition
only if written disclosure of the condition is provided to the new owner prior to completion of
the sale/adoption/transfer.
(e) Hobby breeder shall accept for refund or exchange any animal found within seven days
of sale/adoption/transfer to be suffering from an undisclosed health condition as
documented by a licensed veterinarian.
1. Hobby breeder shall accept for refund or exchange any animal found within 14
days of sale/adoption/transfer to be suffering from an undisclosed health condition as
documented by a licensed veterinarian.
2. Hobby breeder shall include in the cost of the animal, $60 toward the cost of a
check-up by the veterinary of the customer’s choice.
(f) Vaccination and health records for each offspring shall be provided by the hobby
breeder upon purchase/adoption/transfer.
(g) Written instructions for feeding, training, care and grooming of the offspring shall be
provided by the hobby breeder upon purchase/adoption/transfer.
(h) Animals can only be sold, adopted, given as a gift, or transferred from the location listed
on the hobby breeder permit. Animals being sold on public property or commercial property
even with the owner’s permission are in violation of this article and the animals may be
seized by Animal Control.
(i) If the animal is receiving medication, then the medication is to be transferred to the new
owner in the original container with the original prescription label specific for that animal.
(j) Animals shall not be sold, adopted, or transferred to an animal broker or other such
animal dealer.
(4) Record keeping.
(a) Pedigree and certification.
1. A pedigree showing the lineage of all animals held for breeding purpose shall be
maintained.
2. All heritable defects including known conformational defects expressed by the
offspring’s ancestors shall be documented and disclosed to the purchaser/adopter.
3. A pedigree shall be provided for all offspring to all potential purchasers/adopters.
4. All dams and sires or potential dams and sires shall be certified free of known
heritable defects common to the breed. A certified veterinarian shall perform
certification which could include, but is not limited to, Canine Eye Registration
Foundation (CERF) certification, Orthopedic Foundation of America (OFA), or
PennHip certification.
(b) Sale/adoption/transfer records.
1. A record of all animals received and housed and their ultimate disposition shall be
maintained for three years.
2. Records shall be kept documenting how many offspring were produced and who
purchased/adopted each offspring. Records shall include name, address, phone
number, type of animal, including breed and date purchased.
3. The hobby breeder shall disclose the breeding permit license number in any
advertisement.
(Ord. 11-09; Am. Ord. 12-33)
116.21 HOBBY BREEDERS OF GUINEA PIGS, CHINCHILLAS, SUGAR GLIDERS AND RABBITS.
Revised 4/12
(A) Facility and maintenance standards for hobby breeders of guinea pigs, chinchillas, rabbits and sugar
gliders.
(1) The housing shall be of sound physical structure and constructed of nontoxic material.
(2) Housing shall be maintained in good repair and kept clean and sanitary at all times so as to
protect animals from disease and injury and shall be secure enough to ensure containment of
the animal within the housing area.
(3) Animals shall be provided with clean bedding and other supplies such as litter pan, litter,
wood chips, shredded paper, towels, etc., as needed for each species.
(4) Pens, cages and runs shall provide adequate space to prevent overcrowding and to permit
adequate exercise according to the requirements of the species.
(5) Lighting must be provided, whether natural or artificial or a combination of both, for a
minimum of eight hours per day, at a sufficient level for inspection of the animals, routine
cleaning, and proper animal care.
(6) Sufficient ventilation must be provided to minimize odors and moisture and ensure the health
and comfort of the animals.
(7) Proper removal and disposal of animal food, waste, bedding, dead animals, and debris shall
be provided. Animal waste shall be disposed of at a minimum of once per week or more often as
necessary to maintain sanitary conditions.
(8) Hobby breeder can have no more than two litters or groups of unweaned animals present at
any given time.
(9) Indoor housing must be provided with sufficient heating and cooling to protect animals from
extreme temperatures and to provide for their health and comfort at all times. The ambient
temperature shall be consistent with the needs of the animal species kept on the premises.
(10) Convenient toilet and hand washing facilities with hot and cold running water shall be
available to maintain personal hygiene.
(11) All animal play areas shall be of sufficient size to allow for maintenance of sanitary
conditions and to avoid overcrowding of animals.
(12) Food storage areas shall be physically separated from the animal housing area as well as
from the cleaning supply storage and from equipment cleaning area.
(13) Food shall be stored in such a manner that it is adequately protected against infestation or
contamination by vermin.
(B) Operations standards.
(1) Veterinary care.
(a) All animals shall be observed daily for signs of disease, injury or distress by the hobby
breeder.
(b) Sick, diseased, or injured animals shall be provided with proper veterinary care within a
timely manner. Any animal experiencing dystocia (difficulty in birthing) shall be taken to a
licensed veterinarian immediately upon observation of the condition. No animal shall be
allowed to suffer due to lack of or delay of veterinary care.
(c) The animal to be bred will be examined annually by a licensed veterinarian and shown
to be following the wellness program recommended by the veterinarian.
(d) Medical records shall be kept for each animal. Every treatment an animal receives shall
be recorded and made available to the new owner if adopted, sold or transferred.
(C) Standards for the sale, adoption or transfer of offspring.
(1) Offspring of the bred animal shall not be transferred, sold, or adopted until they are fully
weaned, and are eating sufficiently on their own to maintain proper body condition.
(2) A hobby breeder shall not sell, adopt or transfer an animal that is showing signs of a
suspected contagious or zoonotic disease.
(3) A hobby breeder may sell, adopt or transfer an animal suffering from a health condition only if
written disclosure of the condition is given to the new owner prior to the completion of the sale,
adoption or transfer.
(4) A hobby breeder shall accept for refund or exchange any animal found within seven days of
adoption to be suffering from an undisclosed health condition as documented by a licensed
veterinarian.
(5) Health records for each offspring shall be provided by the hobby breeder to the new owner.
(6) Written instructions for feeding, training, care and grooming of the offspring shall be provided
by the hobby breeder to the new owner.
(7) If the animal is receiving medication, then the medication is to be transferred to the new
owner in the original container with the original prescription label specific for that animal.
(8) Animals shall only be sold, given as a gift, adopted, or transferred from the location listed on
the hobby breeder permit. Animals being sold on public property or commercial property even
with the owner’s permission are in violation of this article and the animals may be seized by
Animal Control. This section does not preclude a hobby breeder who is also the owner of a
permitted pet store from selling, adopting or transferring animals from the premises of their
permitted pet store.
(D) Records.
(1) There shall be kept a record of all animals received, bred, birthed and housed and their
ultimate disposition.
(2) Hobby breeders shall keep current records on each animal. These records shall include but
not be limited to the following information:
(a) The source of the animal.
(b) Breeding date of each animal (male and female) and outcome of each breeding.
(c) Miscarriages, abortions, still births – dates, number of young affected, cause,
treatments.
(d) Expected due dates.
(e) Date that the female was or is to be separated from the group.
(f) Birthing records – dates, size of the litter, description and identification of each young,
complications or diseases associated with birthing;
(g) Outcome and ultimate disposition of each animal born.
(h) Animal illness, injury and death.
(E) Hobby breeders of guinea pigs.
(1) If a female guinea pig is to be used for breeding she shall be bred for her first litter no later
than six months of age.
(2) A female guinea pig shall not be bred so that she has more than two litters in a 12-month
period and the female shall be allowed at least two months between weaning a litter and being
bred again.
(3) Guinea pigs shall be housed in cages with solid floor covered in nonirritating bedding. Pine
chips or cedar chips are not allowed as bedding. Bedding shall be cleaned daily and changed
weekly.
(4) Pregnant female guinea pigs shall be housed separately from other animals starting seven
days before the expected parturition (due) date through the weaning of the litter.
(5) Nursing females shall be provided with enclosed nursing area large enough to accommodate
her and her litter which is out of the view of other animals.
(6) The diet shall be species specific and of sufficient quality, quantity and variety to support the
health of the guinea pig including the young and shall include an appropriate mix of pellets, hay
and vegetables with a fresh, adequate source of Vitamin C. The diet shall be sufficient to meet
any additional requirements of the animal due to life stage or medical condition.
(7) Water shall be provided fresh daily in a container that minimizes contamination with feces
and food.
(8) All guinea pigs shall be housed indoors.
(F) Hobby breeders of chinchillas.
(1) A female shall not be bred so that she has more than two litters in a 12-month period and the
female shall be allowed at least two months between weaning a litter and being bred again.
(2) Chinchillas shall be housed in cages with solid flooring and the cage shall have multiple
levels that allow the animal to climb and jump. At least one nesting box per weaned animal shall
be provided.
(3) A pregnant female shall be housed separately from other animals starting at least seven days
before the expected parturition (due) date through the weaning of the litter.
(4) Nursing females shall be provided with nesting box large enough to accommodate her and
her litter.
(5) Dust baths shall be provided to each chinchilla no less than twice weekly.
(6) The diet shall consist of species-specific pellets and good quality hay shall be offered daily in
sufficient quality and quality to maintain the animal in a healthy body condition and shall meet
any additional requirements of the animal due to life stage or medical condition.
(7) Water shall be provided fresh daily in a container that minimizes contamination with feces
and food.
(8) All chinchillas shall be housed indoors.
(G) Hobby breeders of sugar gliders.
(1) A female shall not be bred so that she has more than two litters in a 12-month period. A
female shall not be bred until she is at least 12 months of age.
(2) Cages shall be no smaller than 36 by 24 by 36 inches with a mesh no larger than one inch by
one-half inch wide. Mesh sizes shall be smaller for cages housing nursing females and their
offspring so as to keep the offspring from falling or escaping through the mesh. The cage shall
have at least one nest box per animal and that box shall be no smaller than six by six inches with
a circular entrance and hinged lid. The floor of the nest box shall be lined with speciesappropriate bedding. The nest box shall be cleaned at least weekly. Branches and shelves shall
be provided at different levels of the cage. Multiple food and water containers shall be provided
in each cage.
(3) The diet shall be species specific and of sufficient quality, quantity and variety to support the
health of the sugar glider including the young. The diet shall be sufficient to meet any additional
requirements of the animal due to life stage or medical condition.
(4) All sugar gliders shall be housed indoors.
(5) Hobby breeders of sugar gliders shall have all USDA required permits in place prior to
breeding and shall notify RRAC immediately of any changes to or revocation of such permit.
(H) Hobby breeders of rabbits.
(1) A female rabbit (doe) shall not be bred so that she has more than two litters in a 12-month
period and the female shall be allowed at least two months between weaning a litter and being
bred again.
(2) Rabbits housed in cages with solid flooring shall be provided with bedding that is cleaned
daily and changed weekly. At least one litter box per rabbit shall be provided in each cage.
(3) Rabbits housed in cages with wire mesh flooring shall be provided with a resting area that is
solid and large enough for the rabbit to fully stretch out on. The mesh flooring shall be of small
enough diameter so that the animal’s foot cannot slip through and become injured.
(4) All cages shall provide at least one enclosed box for each rabbit in the cage excluding
nursing kits. A nursing doe shall be provided a kindling box large enough for her and her entire
litter.
(5) A doe shall be housed separately from other animals starting at least seven days before the
expected parturition (due) date through the weaning of the litter or if the doe is housed in a
stable group of does then the breeding male shall be removed at least seven days before the
expected parturition date through the weaning of the litter.
(6) The diet shall be species specific and of sufficient quality, quantity and variety to support the
health of the rabbit including the young. The diet shall be sufficient to meet any additional
requirements of the animal due to life stage or medical condition.
(7) Outdoor housing.
(a) Outdoor housing shall have adequate walls or fences to keep the rabbit secure and to
restrict the entry of mammals from outside the enclosure.
(b) Outdoor housing shall be provided with areas of shade from direct sunlight, and
adequate shelter for protection from rain, snow, or weather detrimental to the animal’s
health.
(c) Outdoor housing shall have adequate drainage to prevent standing water.
(Ord. 11-09)
116.22 PET AQUATIC FACILITY. Revised 4/12 Revised 1/13
(A) Zoning and additional permitting requirements. Any person who intends to operate a pet aquatic
facility shall obtain prior approval from the city’s Development Services Department and shall obtain
approval from the New Mexico Department of Health.
(B) Facility and maintenance standards.
(1) Indoor facilities.
(a) Buildings shall be of sound physical structure and maintained in good repair.
(b) All floors and walls shall be constructed of smooth, water-impervious materials which
are easy to clean and sanitize.
(c) Floors shall have properly constructed drains that are kept in good repair.
(d) Convenient toilet and hand washing facilities with hot and cold running water shall be
available to maintain personal hygiene among animal caretakers.
(e) Common animal play areas shall be of sufficient size to allow for maintenance of
sanitary conditions and to avoid overcrowding of animals.
(f) Provisions shall be made for the removal and proper disposal of animal waste.
(2) Outdoor facilities. If the aquatic facility is outside, then the pool decking area shall be kept in
good repair and there shall be a wall or fence of sufficient construction to keep mammals and
unauthorized individuals from entering the area.
(C) Program and operations standards.
(1) Maintain the entire facility in a clean and sanitary condition.
(2) Prior to admission of a dog four months of age or older, proof shall be obtained from the pet
owner that the dog is currently immunized against rabies.
(3) Written or electronic records shall be maintained for a period of 365 days from the animal’s
latest attendance date, of each individual animal attending the aquatic facility, including the
following information:
(a) Dates of attendance;
(b) Owner’s address and telephone number;
(c) Type of animal, including breed;
(d) Animal’s name;
(e) Date(s) of rabies vaccinations.
(D) The swimming pool or spa used at the pet aquatic facility shall be maintained in good repair and
within the guidelines of the New Mexico Environment Department. This includes routine chemical testing
of the pool or spa water and maintenance of written records or logs of water quality management and
pool maintenance for the previous 12 months.
(E) A written program shall be instituted which details the procedures to follow in the case of an animal or
environmental emergency.
(Ord. 11-09; Am. Ord. 12-33)
116.23 PET DAY CARE FACILITY AND PET DAY CARE SERVICES. Revised 4/12
Pet day care facilities and pet day care services, whether provided in a private, commercial, residence, or
portion of a residence, are subject to all of the provisions contained in this section.
(A) Facility and maintenance standards.
(1) Indoor facilities.
(a) All buildings shall be of adequate construction, maintained in good repair, and secured
in order to protect animal from injury or escape and restrict the entry of animals including
rodents and or other vermin as well as unauthorized individuals from the outside.
(b) All animal housing facilities shall be structurally sound and constructed of nontoxic
materials.
(c) Interior and exterior floors shall be smooth, easily sanitized, and impervious to water.
Floors shall have proper drainage so that the animal can remain dry while housed in the
primary enclosure.
(d) Facilities shall be maintained in good repair and kept clean and sanitary at all times so
as to protect animals from disease and injury.
(e) Indoor housing shall be provided with sufficient heating and cooling consistent with the
needs of the animals kept at the facility.
(f) Sufficient lighting shall be provided by either natural or artificial means or a combination
of both sufficient for the inspection of the animals, routine cleaning and sanitation, and
proper animal care.
(g) Sufficient ventilation shall be provided to ensure the health and comfort of the animals
kept at the facility.
(h) Conveniently available toilet and hand-washing facilities with hot and cold running water
shall be provided at the facility.
(i) All common animal play areas shall be of sufficient size to allow for maintenance of
sanitary conditions and to avoid overcrowding of animals.
(j) Primary enclosures shall be of sufficient size to allow each animal kept at the facility to
turn around and exercise normal postural movements.
(k) Primary enclosures shall be constructed of material that are water resistant and can be
readily cleaned and sanitized.
(l) Wire flooring is prohibited.
(m) Provisions shall be made for the removal and proper disposal of animal food, waste,
bedding, dead animals and debris. These provisions shall minimize vermin infestations,
odors and disease hazards.
(2) Outdoor facilities.
(a) A wall or fence shall be present and of sufficient construction to secure the pets from
other domestic animals and unauthorized individuals.
(b) Outdoor animal areas shall be sufficient to protect the animal from sunlight, rain, snow
or weather detrimental to the animal’s health or shall allow indoor access.
(c) Provisions shall be made for the removal and proper disposal of animal food, waste,
bedding, dead animals and debris. These provisions shall minimize vermin infestation,
odors and disease hazards.
(d) All outdoor areas where animals are kept shall have impermeable flooring that can
easily be cleaned and sanitized or shall have a minimum of six inches of animalappropriate gravel which is replaced on a regular schedule which is consistent with the
maintenance of sanitary conditions.
(e) Animals shall not be allowed in outside areas unless they are able, in the environmental
conditions present at that time, to maintain the normal body temperature appropriate for
that species.
(B) Program and operation standards.
(1) Animals shall be provided with clean, fresh, sufficient and wholesome food and water,
according to their needs.
(2) Food and waste systems shall meet state and local regulations.
(3) Written or electronic records shall be maintained, for a period of 365 days from the animal’s
latest attendance date, of each individual animal attending the boarding facility, including the
following information:
(a) Dates of attendance;
(b) Owner’s address and telephone number;
(c) Type of animal, including breed;
(d) Animal’s name;
(e) Date(s) of rabies vaccinations.
(4) Runs and cages shall display an identification tag for each animal contained therein.
(5) Each animal shall be observed several times daily by the animal caretaker in charge.
(6) A written veterinary-approved program shall be developed and updated at least annually. The
minimum requirements for this program include parasite preventative program, vaccination
recommendations, procedures to minimize disease transmission, disease and injury recognition
training, emergency care and procedures.
(7) A written program shall be instituted which details the procedures to follow in the case of an
animal or environmental emergency.
(8) Any animal kept by the facility or service shall be provided with proper veterinary care within
a reasonable amount of time in the event of illness or injury occurring at facility or service.
(9) Animals suffering from a contagious disease shall not be kept by a pet day care facility or
service unless it can be adequately isolated from the other animals kept at the facility or service.
(10) Any animal suspected of showing symptoms of rabies infection shall be immediately
segregated and reported to Animal Control.
(Ord. 11-09)
116.24 PET SITTING SERVICE. Revised 4/12
(A) Operation standards.
(1) The pet sitter shall have readily available the current rabies vaccination information for each
pet in their care for which a rabies vaccination is required.
(2) The pet sitter shall be insured and shall maintain insurance coverage or bonding that covers
loss to the client, including loss resulting from the pet sitter’s intentional acts, and shall be able to
provide proof of the same upon request of the client or RRAC.
(3) The pet sitter shall maintain a current city business registration in accordance with Chapter
110, R.O. 2003.
(4) The pet sitter should provide a written service contract that specifies at least services and
fees.
(5) While an animal is in his or her pet-sitting care, the pet sitter shall be considered the owner’s
agent and thereby be subject to all responsibilities and obligations required of the animal’s
owner; provided, however, that the pet sitter shall not be liable for the owner’s obligations under
this chapter or Chapter 90 for acts of third parties or other circumstances beyond the pet sitter’s
reasonable control.
(6) The pet sitter should have a written program which includes: the owner’s contact information
and itinerary (if applicable), and alternate contact information in case of emergency; instructions
on the care, feeding, medicating and exercising of each pet; any special needs such as allergies
and/or medical conditions; contact information for the animal’s regular veterinarian; and
procedures to follow in the case of emergency, including provisions for emergency veterinary
care, for alternate care in case of illness or injury of the pet sitter, and for an emergency at the
site at which the animal is being housed.
(Ord. 11-09)
116.25 PET STORE. Revised 4/12 Revised 1/13
(A) Facility and maintenance standards.
(1) General.
(a) All animal housing areas shall be structurally sound and constructed of nontoxic
materials and the entire pet store shall be maintained in a clean and sanitary condition.
(b) Interior and exterior floors and all animal contact areas shall be smooth, impervious to
water, and able to be easily cleaned and sanitized.
(c) Facilities shall be maintained in good repair and kept clean and sanitary at all times so
as to protect animals from disease and injury and shall be secure enough to ensure
containment of the animals within the pet store to minimize the risk of theft of the animal(s).
(d) All enclosures such as pens, cages, runs, aquariums, terrariums and display areas shall
provide adequate space to prevent overcrowding and to permit adequate exercise
according to the requirements of the species.
(e) Lighting shall be provided, whether natural or artificial or a combination of both, for a
minimum of eight hours per day, at a sufficient level for inspection of the animals, routine
cleaning and sanitation, and proper animal care.
(f) Sufficient ventilation shall be provided to minimize odors and moisture and ensure the
health and comfort of the animals.
(g) Reliable and adequate electric power and/or gas shall be provided for lighting, air
circulation, heating and cooling.
(h) No animal shall be housed over a 24-hour period in an airline-type container.
(i) No animal shall be confined to a window display area after business hours.
(j) Wire flooring in cages is prohibited with the two following exceptions:
1. Rabbits housed in cages with wire mesh flooring shall be provided with a resting
area that is solid and large enough for the rabbit to fully stretch out on. The mesh
flooring shall be of small enough diameter so that the animal’s foot cannot slip
through and become injured; and
2. Sugar glider cages shall be no smaller than 36 by 24 by 36 inches with a mesh no
larger than one inch by one-half inch wide. Mesh sizes shall be smaller for cages
housing nursing females and their offspring so as to keep the offspring from falling or
escaping through the mesh. The cage shall have at least one nest box per animal and
that box shall be no smaller than six by six inches with a circular entrance and hinged
lid. The floor of the nest box shall be lined with species-appropriate bedding. The nest
box shall be cleaned at least weekly. Branches and shelves shall be provided at
different levels of the cage.
(2) Indoor facilities.
(a) Buildings shall include four solid walls to protect animals from weather conditions and
prevent entry of unauthorized persons.
(b) Indoor housing shall be provided with sufficient heating and cooling to protect the
housed animals from extreme temperatures and to provide for their health and comfort at
all times. The ambient temperature shall be consistent with the needs of the animal species
kept at the store.
(c) Indoor housing for animals should be adequately ventilated with fresh air to minimize
odors and moisture and to provide for the health and comfort of the animals at all times.
(d) In order to prevent cross contamination or nose-to-nose contact by animals, the
enclosures shall either be physically separated or solid dividers shall be required between
each enclosure.
(e) Indoor enclosures must be constructed so that water runoff does not enter adjacent
enclosures and is rapidly eliminated from the floor.
(3) Outdoor facilities. Outdoor facilities are prohibited except securely fenced exercise areas in
which animals are allowed to exercise under direct supervision of a store employee.
(4) Primary enclosures and display areas.
(a) All animals housed at the pet store shall be confined to a primary enclosure at all times
unless under the direct supervision of employees of the pet store.
(b) Primary enclosures and display areas shall not have wire flooring with the two
exceptions listed in subsection (A)(1)(j) of this section.
(c) Primary enclosures shall have a solid resting area large enough for each animal housed
in that enclosure to stretch out on and lay down.
(d) Primary enclosures and display areas shall be large enough and cleaned on a schedule
(no less than daily) so that the animal can stay dry and avoid contact with excrement.
(e) Primary animal enclosures shall be cleaned daily and sanitized between animals.
Animals shall be removed from the enclosures during the cleaning process.
(f) Each primary enclosure and display area shall display an identification tag for each
animal or animal litter contained therein with the exception of aquariums housing schools of
fish.
(g) A primary enclosure which houses an avian(s) shall have at least two perches of
different diameters which are appropriate for that avian.
(h) Primary enclosures and display areas shall be constructed so as to:
1. Restrict contact with the public unless supervised by the pet store staff; and
2. Minimize the risk of injury to the animal; and
3. Minimize the risk of injury to the public; and
4. Minimize the risk of theft of the animal.
(i) The primary enclosure for a cat shall not be less than two and one-half square feet per
cat. The height of the primary enclosure shall not be less than two feet. The primary
enclosure for a cat must contain at least one elevated resting area for each cat.
(j) The primary enclosure for a cat shall have at least one litter pan per two cats.
(k) Primary enclosures housing nursing cats with litters shall provide more space and
resting areas than the minimum requirement for a single cat.
(l) Space requirements for dogs:
1. A dog weighing less than 15 pounds shall have a minimum of four square feet of
flat floor space.
2. A dog weighing 15 to 30 pounds shall have a minimum of eight square feet of flat
floor space.
3. A dog weighing more than 30 pounds shall have a minimum of 12 square feet of
flat floor space.
(5) Waste disposal.
(a) Provisions shall be made for the removal and proper disposal of animal food, waste,
bedding, dead animals and debris.
(b) Disposal facilities shall be provided and operated so as to minimize vermin infestation,
odors and disease hazards.
(c) Waste systems shall meet state and local regulations.
(B) Program and operation standards.
(1) General.
(a) Dogs or cats shall be purchased from USDA certified breeder and the pet store shall be
required to have the animal inspected by a veterinarian and found to be in good health
before purchase and documentation shall be kept for one year after sold date of animal. A
pet store shall maintain documentation of approved USDA licensed breeder.
(b) Mammals of different species shall not be housed or displayed together in the same
primary enclosure or display area.
(c) Avians, reptiles, amphibians and fish may be housed or displayed in mixed species
groups only if they are behaviorally and ecologically compatible and they do not present a
disease transmission hazard to each other.
(d) Compatibility of animals housed in groups shall be ascertained prior to leaving animals
unattended and shall be monitored periodically.
(e) Nursing dams and their offspring shall be housed in an enclosure that provides an area
that is not visible to the public and is large enough for the animal to nurse all of the young
at one time.
(f) A pet store shall not sell, adopt or transfer an animal that is showing signs of a
suspected contagious or zoonotic disease.
(g) Prior to the sale or transfer, a pet store shall provide to the new owner written disclosure
of the condition if the pet store sells or transfers an animal suffering from a health condition.
(h) A pet store shall accept for refund or exchange any animal found within seven days of
sale or transfer to be suffering from an undisclosed health condition as documented by a
licensed veterinarian.
(i) Written instructions for feeding, training, care and grooming of the animal shall be
provided by the pet store to the new owner.
(j) Refunds or Exchanges.
1. A pet store shall accept for refund or exchange any animal found within 14 days of
sale or transfer to be suffering from an undisclosed health condition as documented
by a licensed veterinarian.
2. A pet store shall include in the cost of the animal, $60 toward the cost of a checkup by the veterinary of the customer’s choice.
(k) A pet store shall not buy dogs or cats from a puppy mill. The fine for violation shall be
$250 per animal. A pet store shall maintain official documentation identifying the supplier of
the cats and dogs in accordance with this section.
(2) Food and water.
(a) Sufficient wholesome food and potable water shall be provided to the animals,
according to the needs of the species. The food shall be free from contamination, and of
sufficient quality and nutritive value to meet the normal daily requirements for the condition,
size, and age of the animal.
(b) Food storage areas shall be physically separated from the animal housing area as well
as from the cleaning supply storage and from equipment cleaning area.
(c) Food shall be stored off the floor and in such a manner to avoid spoilage,
contamination, and vermin.
(d) Open bags of kibble shall be stored in sealed containers.
(e) Open containers of canned food shall be sealed and kept refrigerated.
(f) Food containers shall be emptied and sanitized daily.
(g) Animals housed in groups shall be monitored during feeding time to ensure that all
animals are able to eat adequately. Separation of the animals into different areas and/or
use of crates may be necessary to ensure that this occurs.
(h) Water containers shall be emptied, sanitized and refilled with fresh potable water daily.
Care shall be taken so that the water bowl does not present a hazard to the animal,
especially young animals. Care shall also be taken to ensure that the water containers
cannot be overturned during the normal activity of the animals.
(i) Food and water containers shall be clean and made of materials that can be sanitized or
that are disposed of after each use.
(3) Veterinary care.
(a) Each animal shall be observed daily by the animal caretaker in charge for signs of
disease, injury, or distress.
(b) An isolation area shall be provided for containment of animals suspected of suffering
from an infectious disease. An animal suspected of having an infectious disease shall be
immediately separated from other susceptible animals and placed in the isolation area.
Except nursing dams, an ill or injured animal shall be housed singly in a primary enclosure
within the isolation area.
(c) Sick, diseased or injured animals shall be provided with proper veterinary care within a
reasonable amount of time. No animal shall be allowed to suffer due to lack of or delay of
veterinary care.
(d) A written veterinary-approved program shall be developed and updated at least
annually. The minimum requirements for this program include parasite preventative
program, vaccination programs, procedures to minimize disease transmission, disease and
injury recognition training, as well as emergency care and procedures. This program shall
also contain protocols for monitoring the effectiveness of the parasite program as well as a
disease surveillance program.
(e) A written program shall be instituted which details the procedures to follow in the case
of an animal or environmental emergency.
(f) Medical records shall be kept for each animal treated at the pet store. Every treatment
an animal receives shall be recorded and made available to the new owner when sold.
(g) Any animal suspected of showing symptoms of rabies infection shall be immediately
segregated and reported to Animal Control.
(h) A pet store shall employ or contract with a veterinarian to provide medical treatment,
program consultation, and emergency care for the store animals.
(4) Records.
(a) Written or electronic records shall be maintained for a period of 365 days from the
animal’s sale date:
1. Purchase date and source of the purchase;
2. Sale date and new owner’s address and telephone number;
3. Type of animal, including breed and date of birth;
4. Vaccination date(s) and vaccine label information;
5. Parasite control medications and dates of administration;
6. Medical records.
(b) This record requirement excludes fish hatched at the pet store. Records for groups of
animals that are commonly delivered to pet stores as litters such as pinkies and feeder
rodents can be maintained in the form of litter records rather than individual animal records.
(5) Prior to selling any pet food products, the business owner shall ensure that the food product
is registered with the New Mexico Department of Agriculture.
(Ord. 11-09; Am. Ord. 12-33)
116.26 TRAINING FACILITY. Revised 4/12
(A) Facility and maintenance standards.
(1) Indoor facilities.
(a) Buildings shall be of sound physical structure and maintained in good repair.
(b) Exterior structures shall be secure in order to protect animals from injury or escape and
to restrict the entry of outside animals or unauthorized persons.
(c) Animal food storage areas shall be kept physically separated from cleaning supply
storage, equipment cleaning areas, and animal housing. Cleaning supply storage and
equipment cleaning areas shall be physically separate from animal housing.
(d) Indoor housing shall be provided with sufficient heating and cooling to protect the
housed animals from extreme temperatures and to provide for their health and comfort at
all times. The ambient temperature shall be consistent with the needs of the animal species
kept at the facility.
(e) Lighting shall be provided, whether natural or artificial or a combination of both, for a
minimum of eight hours per day, at a sufficient level for inspection of the animals, routine
cleaning and sanitation, and proper animal care.
(f) Sufficient ventilation shall be provided to minimize odors and moisture and ensure the
health and comfort of the animals.
(g) All floors and walls shall be constructed of readily cleanable, sanitizable and water
impervious materials.
(h) Floors shall have properly constructed drains that are kept in good repair.
(i) Convenient toilet and hand washing facilities with hot and cold running water shall be
available to maintain personal hygiene among animal caretakers.
(j) Water supply shall allow for hose hook-up, to readily reach all parts of animal housing.
Water pressure shall be adequate for cleaning of animal housing areas.
(k) Any common animal play areas shall be of sufficient size to allow for maintenance of
sanitary conditions and to avoid overcrowding of animals.
(l) Food supplies and bedding shall be stored in such a manner that they are adequately
protected against infestation or contamination by vermin.
(m) Provisions shall be made for the removal and proper disposal of animal food, waste,
bedding, dead animals, and debris.
1. Disposal facilities shall be operated so as to minimize vermin infestation, odors,
and disease hazards.
2. Dead animals shall be removed immediately from the primary enclosure and
placed in a designated freezer until carcass can be properly disposed of in
accordance with city ordinances.
(n) An isolation area shall be provided for containment of sick animals.
(2) Primary animal enclosures.
(a) Primary animal enclosures shall be constructed of materials that are water resistant and
can be readily cleaned and sanitized.
(b) Primary animal enclosures shall be maintained in good repair and sanitary condition to
enable the animals to remain clean and dry and to provide convenient access to food and
clean water.
(c) Primary animal enclosures shall be separated by solid walls to prevent water and waste
from flowing from animal to animal, and to prevent nose-to-nose contact between animals
in separate enclosures.
(d) Primary animal enclosures shall be of sufficient size to allow room for each pet animal
to stand and walk around freely, and exercise normal postural movements as well as
allowing room for bedding and food bowls.
(e) Cats shall be provided with clean bedding and a litter pan in each primary enclosure.
(f) Dogs shall be provided bedding, platforms, or padded resting areas within the primary
enclosure according to their individual needs.
(g) Wire flooring in primary enclosures is prohibited.
(3) Outdoor facilities.
(a) Outdoor housing or exercise areas shall have adequate walls or fences to keep pets
secured and to restrict the entry of mammals from outside.
(b) Outdoor housing or exercise areas shall be provided with areas of shade from direct
sunlight.
(c) Adequate drainage in outdoor areas shall be provided in order to prevent standing
water.
(d) All outdoor areas where animals are kept shall have impermeable flooring that can
easily be cleaned and sanitized or shall have a minimum of six inches of animalappropriate gravel which is replaced on a regular schedule which is consistent with the
maintenance of sanitary conditions.
(e) Animals shall not be allowed in outside areas unless they are able, in the environmental
conditions present at that time, to maintain the normal body temperature appropriate for
that species.
(B) Program and operation standards.
(1) The entire facility shall be maintained in a clean and sanitary condition.
(2) Animal waste shall be removed from primary animal enclosures daily or more often as
necessary for the animal housed within to avoid contact with the waste.
(3) Primary animal enclosures shall be cleaned daily and sanitized between animals. Animals
shall be removed from the enclosures during the cleaning process.
(4) Food and water bowls shall be clean and made of materials that can be sanitized or that are
disposed of after each use. Plastic bowls are prohibited.
(5) Animals shall be housed individually unless otherwise requested by the owner.
(6) Each animal shall be observed daily for signs of disease, injury, or distress.
(a) An animal suspected of having an infectious disease shall be separated from other
susceptible animals and placed in an isolation area.
(b) Any injured or ill animal shall be provided veterinary care in a timely manner. No animal
shall be allowed to suffer due to lack of or delay of veterinary care.
(c) Any animal suspected of showing symptoms of rabies infection shall be immediately
segregated and reported to Animal Control.
(d) Medications may only be administered to boarding animals if provided and directed by
the owner, or if prescribed directly by a veterinarian.
(7) Sufficient wholesome food and potable water shall be provided to the animals, according to
the needs of the species. The food shall be free from contamination, and of sufficient quality and
nutritive value to meet the normal daily requirements for the condition, size, and age of the
animal.
(8) Animals shall be fed no less than daily. Animals under the age of six months shall be fed no
less than twice daily. Animals under the age of three months shall be fed no less than three
times daily. Food left in bowls from the previous feeding shall be discarded.
(9) Prior to admission of a dog, cat or ferret four months of age or older, proof shall be obtained
from the pet owner that the animal is currently immunized against rabies.
(10) Written or electronic records shall be maintained, for a period of 365 days from the animal’s
latest attendance date, of each individual animal attending the boarding facility, including the
following information:
(a) Dates of attendance;
(b) Owner’s address and telephone number;
(c) Type of animal, including breed;
(d) Animal’s name;
(e) Date(s) of rabies vaccinations.
(11) Prior to selling any pet food products, the business owner shall ensure that the food product
is registered with the New Mexico Department of Agriculture.
(12) A written veterinary-approved program shall be developed and updated at least annually.
The minimum requirements for this program include parasite preventative program, vaccination
recommendations, procedures to minimize disease transmission, disease and injury recognition
training, emergency care and procedures.
(13) A written program shall be instituted which details the procedures to be followed in the case
of an animal or environmental emergency.
(Ord. 11-09)
116.27 INSPECTIONS. Revised 4/12
Animal control officers shall be permitted to enter, at any reasonable time, for the purpose of inspecting
any premises operating under authority of a professional animal permit or hobby breeder permit, to
determine compliance with this chapter.
(’87 Code, § 14-7-7) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09.
Formerly 116.05)
116.28 EXEMPTIONS. Revised 4/12
This chapter shall not apply to and shall not be construed to require professional animal permits for:
(A) A veterinary hospital or clinic operated by a licensed veterinarian; and/or
(B) An animal control shelter.
(’87 Code, § 14-7-9) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09.
Formerly 116.06)
116.29 COMPLIANCE REQUIRED.
Revised 4/12
Compliance with this chapter shall not exempt any professional animal business or person or persons
operating as a hobby breeder from the provisions of:
(A) Sections 110.01 et seq. of this code; and
(B) Chapter 90 of this code.
(’87 Code, § 14-7-10) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 1109. Formerly 116.07)
116.30 VIOLATIONS; SUSPENSION AND REVOCATION. Revised 4/12 Revised 1/13
(A) A permit may be denied or suspended by the Animal Control Division upon a determination that the
holder of the permit is in violation of the provisions of this chapter.
(B) Upon inspection of premises, if an ACO discovers what, in his professional judgment, is a violation,
the officer shall notify the permit holder in writing. The notification shall:
(1) State the specific violation found;
(2) Establish a specific and reasonable period of time for correction of the violation; and
(3) State that failure to comply with notice issued could result in suspension or revocation of the
permit.
(C) If an ACO finds any violation, unsanitary or other conditions in the operation of a professional animal
business or premises used by a hobby breeder, which, in his professional judgment, constitutes a
substantial hazard to animal or public health, the officer may, without prior warning or hearing, issue a
written notice to the permit holder or operator citing the conditions and specifying the corrective action to
be taken. If deemed necessary, the notice shall state that the permit is immediately suspended and all
operations are to be immediately discontinued. Any permit holder or operator to whom an order is issued
shall comply with the notice immediately.
(D) An opportunity for an appeal on any denial or suspension shall, upon written notification within 30
days to the City Clerk, be provided. The time and place will be determined by the City Manager. Based
upon the record of the hearing, the governing body shall make a finding and shall sustain, modify or
rescind the action considered at the hearing.
(E) For serious or repeated violations of the requirements of this chapter, or upon interference with an
animal control officer in the performance of duties, a permit may be denied or suspended after an
opportunity for hearing has been provided. Prior to the action, the Police Department shall notify the
applicant or permit holder, in writing, of the reason for which the permit is subject to denial, suspension or
revocation and that the action shall be taken at the end of five days following service of the notice, unless
a request for a hearing is filed with the governing body by the permit holder within five days of receipt of
written notice.
(’87 Code, § 14-7-8) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09;
Am. Ord. 12-33. Formerly 116.09)
116.31 ADMINISTRATION. Revised 4/12
(A) The Chief of Police is responsible for the administration of the provisions of this chapter. Reasonable
rules and regulations shall be prescribed by the Chief of Police to carry out the intent and purpose of this
chapter pursuant to the standards created by the governing body. Powers delegated to the Chief of Police
may be delegated by the Chief of Police to the duly appointed animal control officers as he may deem
expedient.
(B) The Chief of Police shall appoint animal control officers. The animal control officers shall be
concerned primarily with the health and safety of the citizens of the city as affected by animals, and with
the health and safety of animals within the city limits.
(C) Police officers and animal control officers shall have the authority to issue citations whenever there is
probable cause to believe there exist violations of this chapter, and to perform other duties as are
prescribed by the Chief of Police.
(D) Animal control officers shall have the authority and are directed to investigate upon probable cause
any alleged violation of this chapter or of any law of the state relating to the care, treatment, control and
prevention of cruelty to animals. Animal control officers are authorized to inspect premises within the city
limits, as necessary to perform their duties. If the owner or occupant of the premises objects to inspection,
a warrant shall be obtained from a court of competent jurisdiction prior to inspection. No warrant shall be
necessary if probable cause exists to believe that there is an emergency requiring inspection or
investigation.
(’87 Code, § 14-7-3) (Ord. 88-027; Am. Ord. 91-016; Am. Ord. 94-004; Am. Ord. 94-055; Am. Ord. 11-09.
Formerly 116.10)
116.99 PENALTY. Revised 4/12 Revised 1/13
(A) Failure to obtain a license required by this chapter shall constitute a violation. Any person conducting
activities required to be licensed under this chapter who has not obtained such license shall be fined $300
and shall either obtain the required license under this chapter or cease conducting such activities.
(B) Any person required to be licensed under this chapter who violates any of the provisions of Sections
116.15 through 116.26 shall be fined as follows:
(1) If such violation results in injury to an animal in the course of the activity required to be
licensed, and the person required to be licensed has not obtained such license, the fine shall be
$300.
(2) If such violation results in injury to an animal in the course of the activity required to be
licensed, and the person required to be licensed has such license, the fine shall be $200.
(3) If such violation does not result in injury to an animal in the course of the activity required to
be licensed, and the person required to be licensed has such license, the fine shall be $100.
(Ord. 12-33)