Vicious animals; rabid or unvaccinated dogs and cats; failure to destroy. The board shall have authority to license euthanasia technicians. Any person who interferes with the rodent inspector is guilty of a misdemeanor punishable by a fine of $100 to $500. § 77-1-5. Since 1979, APNM has been advocating for animals by effecting systemic change, working towards the humane treatment of all animals. B. Each municipality and each county shall make provision by ordinance for the seizure and disposition of dogs and cats running at large and not kept or claimed by any person on the person's premises; provided, however, that the ordinance does not conflict with the provisions of Chapter 77, Article 1B NMSA 1978. Food Service Sanitation.§ 25-1-15. It is unlawful for an owner of a dangerous or potentially dangerous dog to: (1) keep the dog without a valid certificate of registration; (2) violate the registration and handling requirements for the dog; (3) fail to notify the animal control authority immediately upon: (b) an attack by the dog upon a human being or a domestic animal; (4) fail to notify the animal control authority of the dog's death within five business days; (5) fail to notify the animal control authority within twenty-four hours if the dog has been sold or given away and provide the name, address and telephone number of the new owner of the dog; (6) fail to surrender the dog to an animal control authority for safe confinement pending a determination of the case when there is reason to believe that the dog poses an imminent threat to public safety; or. The general purpose of the Animal Law Section shall be the promotion of the objectives of the State Bar of New Mexico within the field of Animal Law. Activity in New Mexico . Paragraph L deals with retired K-9 dogs. 61, § 1, eff. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. New Mexico Laws on Service Dogs and Emotional Support Animals New Mexico law allows qualified service animals (dogs or miniature horses) into all public accommodations. B. Added by L. 2007, Ch. Added by L. 2007, Ch. Albuquerque, NM Animal & Dog Law Attorney (800) 640-6590 Syracuse University Colby College New York, U.S. Supreme Court and New Mexico Martindale Hubbell, Super Lawyers, Albuquerque magazine and American Trial Lawyers Association New Mexico State Bar and New Mexico Trial Lawyers Association Advanced Personal Injury Practice in New Mexico and Trial Strategies for … A. 242, § 5, eff. A veterinary clinic serving as a euthanasia agency pursuant to a contract with a local government is exempt from the provisions of Chapter 77, Article 1B NMSA 1978; provided that the veterinary clinic is subject to licensure and rules adopted pursuant to the Veterinary Practice Act. July 1, 2015; L. 2017, Ch. If a person fails to comply with a cease and desist order within twenty-four hours, the board may bring a suit for a temporary restraining order and for injunctive relief to prevent further violations. [FN2]. NMSA 1978, § 3-18-3; § 77-1-1 - 20; § 77-1A-1 - 6; § 77-1B-1 - 12; § 25-1-15, NM ST § 3-18-3; § 77-1-1 - 20; § 77-1A-1 - 6; § 77-1B-1 - 12; § 25-1-15. 60, § 5, eff. § 77-1-6. Feral hogs; prohibition; penalty, NM - Police Animals - § 13-6-1. (2) immediately clean up accidents involving pet waste and sanitize the area. 60, § 9, eff. Harvest of these animals is legal, and the edible portions must be transported from the field for human consumption. J. Enforcing responsibly and humane animal-related laws; Providing nourishment and a safe environment for unwanted, stray, abused, and impounded animals; Educating the public about responsible companion and animal ownership; Finding new loving homes for homeless animals at our shelter; Taos County Animal Control Ordinance A. C. A municipality may, by ordinance, provide for the animal control services enumerated in this section to be performed by a contractor and may enter into a contract for the services. The animal sheltering board is terminated on July 1, 2019 pursuant to the Sunset Act.1 The board shall continue to operate according to the provisions of the Animal Sheltering Act until July 1, 2020. New Mexico Dog Bite Law Information. 102, § 4, eff. Repealed by L. 1979, Ch. The signs shall contain language reasonably designed to inform the public that dogs are permitted and may be present. License fees shall be fixed by the responsible municipality or county. Nothing in this act shall affect the holding time or notice procedures regarding any municipal or county control facility which is owned or operated by, or is under contract or franchise to, a municipality or county. CreditsAdded by L. 2007, Ch. 2006 New Mexico Statutes - Section 77-1A-2 — Definitions. There are many subject areas that form the basis for neighbor disputes such as animal issues and water damage, but one of the most contentious concerns the placement of trees and the damage done to them. (1) the owner may admit that the dog is dangerous or potentially dangerous and comply with the requirements for a certificate of registration pursuant to Section 5 of the Dangerous Dog Act; or. A. 102, § 10, eff. Added by L. 2007, Ch. F. An unsterilized animal reclaimed by its owner shall be released without being sterilized upon payment of the twenty-five dollars ($25.00) for the sterilization deposit and impoundment fees imposed by the shelter, and the owner shall sign an agreement stating he will sterilize the animal within thirty days after release or will obtain a breeder permit or its equivalent. Abandoned dogs and cats; notice to owner; disposal without liability. About the Animal Law Section The general purpose of the Animal Law Section shall be the promotion of the objectives of the State Bar of New Mexico within the field of Animal Law. Game and Fish and Outdoor Recreation. Home Animal & Dog Law New Mexico Albuquerque. June 17, 2005. DogBite411.com is here to help those who have suffered injuries as a result of a dog bite or other dog related injury in New Mexico. (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 fifty feet, whichever is less. The fund shall be administered by the board to carry out the purposes of the Animal Sheltering Act. C. No fee shall be charged for the licensure of qualified service animals who are trained to lead partially or totally blind persons, aid hearing impaired persons or assist mobility impaired persons. Find Animal & Dog Law Lawyers in Santa Fe, New Mexico with Complete Profile, Contact details, average fees. On federal lands, the federal government pays for rodent pest repression. Money in the fund shall not be transferred to another fund or encumbered or expended except for expenditures authorized pursuant to the Animal Sheltering Act. Cruelty to animals, also called animal abuse, animal neglect or animal cruelty, is the infliction by omission (neglect) or by commission by humans of suffering or harm upon any non-human animal. The company's filing status is listed as Active and its File Number is 6159133. Animals and Livestock. July 1, 2018; L. 2020, Ch. 194, § 4; L. 2009, Ch. June 19, 2009. Dog fighting and cockfighting; penalty, § 30-18-13 . NM - Veterinary - Article 14. Amended by L. 2009, Ch. With the introduction of this new law, these types of situations can be avoided. Repealed by L. 1979, Ch. This site is not a law firm and cannot offer legal advice. A first offense is a petty misdemeanor; a second or subsequent offense is a misdemeanor. Cancel. City of Albuquerque, New Mexico Code of Ordinances Contains 2020 S-91, current through Ordinance 2020-045, passed 12-7-2020 Published by: American Legal Publishing Corporation 525 Vine Street * Suite 310 * Cincinnati, Ohio 45202 1-800-445-5588 * www.amlegal.com Amended by L. 2009, Ch. K. A municipal facility that is a zoological park is exempt from the provisions of Chapter 77, Article 1B NMSA 1978. If both of the above fail, the K-9 dog shall only be sold to a qualified individual found capable of providing a good home to the animal.". Laws determining a dog owner's liability for bites and other injuries caused by their pet vary from state to state, but there are essentially two basic rules: liability when the dog owner knew or should have known the dog might bite someone (often referred to as the "one-bite rule") and liability regardless of what the owner knew or should have known (often referred to as "strict liability"). Dogs and Domesticated Animals; Article 1A. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. A person, other than a veterinarian licensed to practice in New Mexico, who engages in euthanasia for a euthanasia agency in this state shall be licensed by the board. Animals and Livestock. B. Any peace officer may impound any dog found running at large unaccompanied by and not under the control of the owner or handler, and further, the peace officer shall destroy the dog if it is in the act of pursuing or wounding livestock or wounding and killing poultry or attacking humans. E. Nothing in this act shall relieve the owner of a dog or cat for the payment of all reasonable charges for medical or care services rendered to the dog or cat while in the custody of a veterinarian, kennel, animal clinic or hospital, grooming parlor or other animal care facility. Ann. If any dog shall kill or injure any livestock, the owner or keeper of such dog shall be liable for all damages that may be sustained thereby, to be recovered by the party so injured before any court having competent jurisdiction, and it shall be unlawful to keep such dog after it is known that the dog is liable to kill livestock, and it shall be the duty of the owner to kill, or have killed, the dog upon order of the court after a finding that the dog has killed or injured livestock… Added by L. 2007, Ch. New Mexico has some bizarre laws on the books and you could have been violating them without even realizing it. Any dog or cat brought into the state shall be securely confined by the owner or keeper until vaccinated against rabies, which vaccination shall be administered within one week after entry into the state unless the owner or keeper has a certificate of vaccination issued by a veterinarian in another state or foreign country and such vaccination conforms to the requirements of this state. Added by L. 2007, Ch. Definitions. NM - Dangerous Animal - Chapter 77. (3) acting in a highly aggressively manner within a fenced yard or enclosure and appearing able to jump out of the yard or enclosure; E. "proper enclosure" means 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 and young children from entering the confined area but does not include chaining, restraining or otherwise affixing the animal to a stationary object; and. The K-9 dog shall first be offered to its trainer or handler free of charge. G. A determination that a dog is not dangerous or potentially dangerous shall not prevent an animal control authority from making a subsequent application for seizure based on the dog's subsequent behavior. Dogs and cats over the age of three months shall be vaccinated against rabies. A. Ireland Dog Control Act | Dublin Breen Ban; New South Wales: Companion Animal Act; New Zealand Dog Control Amendment Act § 77-1A-5. Animal sheltering board created; members; qualifications; terms; vacancies; removal, § 77-1B-4. 82, § 3, eff. If the court finds, by clear and convincing evidence, that the dog is dangerous and poses an imminent threat to public safety or potentially dangerous and poses a threat to public safety, the court shall order the owner to comply with the registration and handling requirements for the dog and obtain a certificate of registration within thirty days or have the dog humanely destroyed. 166, § 9, eff. The effective date of the provisions of Section 7 of this act is July 1, 2017. Violation of Sections 77-1-3 and 77-1-10 NMSA 1978 and Section 6 [FN1] of this act or regulations or orders issued pursuant thereto shall be a misdemeanor. 61, § 2, eff. A violation of the statutes is a misdemeanor. No animal shall be released from an animal shelter to an adopting person unless a sterilization agreement has been signed and a sterilization deposit has been paid, as provided in Subsections C and D of this section. New Mexico NM N. Mex. § 77-1-15.1. A. © 2020 Michigan State University College of Law. [FN1] All antirabies vaccine shall be administered by or under the supervision of a licensed veterinarian who shall issue a serially numbered certificate and tag for each such administration. CreditsAdded by L. 2007, Ch. In those areas not served by an animal control authority, the sheriff or municipal law enforcement shall carry out the duties of the animal control authority under the Dangerous Dog Act; B. A food service establishment may allow pet dogs in designated outdoor dining areas of the establishment if the following requirements are met: (1) no pet dog shall be allowed in any area where food is prepared; (2) patrons shall keep their pet dogs on a leash at all times and keep their pet dogs under reasonable control; (3) pet dogs shall not be allowed on chairs, tables or other furnishings; and. 170, § 1; L. 1977, Ch. B. 170, § 3. (2) the dog had previously been found by a court to be a dangerous or potentially dangerous dog. This is a very brief list of some of the laws most commonly called into play. The estranged couple’s inability to come to an agreement about ownership of the dog led to the dog’s placement in a kennel for one year. Albuquerque Municipal Code § 9-2-2-2 (A) Provides the Following: Notice to health officer of animal bite; confinement; animal contact with rabid animals; animal rabies quarantine; procedure following death from rabies, §§ 77-1-7, 77-1-8. A. § 77-1-17. West Virginia WV W.Va. W. Virg. Further, pursuant to this statute, every municipality and each county shall provide for the impoundment of rabies-suspect animals. Every municipality and each county may provide by ordinance for the mandatory licensure of dogs over the age of three months. A. Any peace officer may kill any dog in the act of pursuing or wounding any livestock or wounding or killing poultry or attacking humans whether or not the dog wears a rabies tag required by Section 77-1-3 NMSA 1978. (2) impose an administrative penalty on a person who makes a false representation as being a licensed euthanasia technician, a certified euthanasia instructor or a licensed euthanasia agency. It is unlawful for any person to keep any animal known to be vicious and liable to attack or injure human beings unless such animal is securely kept to prevent injury to any person. Injury to a police dog, police horse or fire dog; harassment of a police dog, police horse or fire dog . Dogs shall be further regulated as provided in Sections 47-1-2 through 47-1-8 New Mexico Statutes Annotated, 1953 Compilation. E. The board may issue a license to practice as a euthanasia technician without examination to an applicant who meets the qualifications required for euthanasia technicians in this state as set forth in Paragraphs (3) through (6) of Subsection D of this section. To that end, the purposes of this Section shall be: A. Dogs, cats, domesticated fowls, and birds deemed personal property [FN1]. E. The sterilization deposit shall be reimbursed only upon presentation of a receipt from a veterinarian that the adopted animal has been sterilized. Claimed Lawyer Profile Social Media. Amended by L. 2009, Ch. Amended by L. 2009, Ch. Article 18. In addition to federal laws governing animal ownership and treatment, every state has certain prohibitions or restrictions on which exotic animals can be owned as pets. B. If a conveyance or equipment has been in an infested water body, the owner must decontaminate it or have it inspected and certified prior to entering another water body in the state. J. It is a violation of the Animal Sheltering Act for a euthanasia agency or an animal shelter to: (1) refuse to permit entry or inspection of its facilities by the board or its designees; (2) sell, offer for sale, barter, exchange or otherwise transfer animals that are prohibited by the department of game and fish, the United States department of agriculture or any other regulatory agency to be kept unless the sale, offer for sale, bartering, exchanging or transferring of the animal is to a facility employing permitted rehabilitators or an individual that is a permitted rehabilitator pursuant to the rules adopted by the department of game and fish or another agency that has authority over people who are permitted to receive and provide care for such animals; (3) allow a license or certificate issued pursuant to the Animal Sheltering Act to be used by an unlicensed or uncertified person; or. A. June 17, 2005. B. This law makes it illegal to engage in computer-assisted remote hunting, provide facilities for that purpose, create or advertise such software or websites, or keep an animal confined for computer-assisted remote hunting. C. Applicants for licensure by examination as a euthanasia technician shall be required to pass a euthanasia technician examination approved by the board and shall be required to complete a training course approved by the board in euthanasia practices. The mission of the City of Las Cruces Animal Control is to ensure the well-being of both animals and residents of our community by delivering professional high quality, responsive and cost-effective animal control services. The application for a license as a euthanasia technician shall be accompanied by proof of completion of training in euthanasia practices, as approved by the board. If the trainer or handler does not want to accept ownership of the K-9 dog, then the K-9 dog shall be offered to an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 free of charge. “animal” means any animal, except humans, not defined as “livestock” in Subsection K of this section; (a) a county or municipal facility that provides shelter to animals on a regular basis, including a small animal impound facility; and, (b) a private humane society or a private animal shelter that temporarily houses stray, unwanted or injured animals through administrative or contractual arrangements with a local government agency; and. “euthanasia instructor” means a veterinarian or a euthanasia technician certified by the board to instruct other individuals in euthanasia techniques; J. Vicious animals; rabid or unvaccinated dogs and cats; failure to destroy, § 77-1-11. “euthanasia technician” means a person licensed by the board to euthanize animals for a euthanasia agency; K. “livestock” means all domestic or domesticated animals that are used or raised on a farm or ranch and exotic animals in captivity and includes horses, asses, mules, cattle, sheep, goats, swine, bison, poultry, ostriches, emus, rheas, camelids and farmed cervidae but does not include canine or feline animals; L. “rescue organization” means an organization that rescues animals and is not involved in the breeding of animals; M. “supervising veterinarian” means a person who is a veterinarian, who holds both a valid New Mexico controlled substance license and a valid federal drug enforcement agency license and who approves the drug protocols and the procurement and administration of all pharmaceuticals; and, N. “veterinarian” means a person who is licensed as a doctor of veterinary medicine by the board pursuant to the Veterinary Practice Act.2. Quick Fact: Any minor child through his parent or guardian may file with the health authority either an (1) affidavits or written affirmation from an officer of a recognized religious denomination that such child's parents or guardians are bona fide members of a denomination whose religious teaching requires … When the dog stops noise, praise the dog immediately. B. The board shall have authority over the certification of euthanasia instructors. These statutes comprise the New Mexico Wildlife Conservation Act. 61, § 4, eff. Amended by L. 2009, Ch. Amended by L. 2009, Ch. & Mkts. July 1, 2020. N.M. North Carolina NC N.C. Ohio OH North Dakota ND N.D. Tennessee TN Tenn. Texas TX Tex. June 19, 2009; L. 2009, Ch. Amended by L. 2009, Ch. July 1, 2011. Scienter. 44, § 13, eff. Of course, the one bite rule is not exclusive in deciding whether an owner is liable. 44, § 12, eff. Powers of Municipalities; Chapter 77. F. Prosecution pursuant to this section requires a showing that: (1) an owner knew of the propensity of a dog to inflict serious injury; or. Board powers and dutiesThe board shall: A. adopt infrastructure and operating standards and may enforce those standards with consideration of the recommendations by the animal sheltering committee; B. provide for inspections of animal shelters and euthanasia agencies; C. provide for oversight, including oversight of licensing requirements, regulations and discipline, of veterinarians employed by local government animal shelters; D. adopt methods and procedures acceptable for conducting emergency field euthanasia; E. adopt, promulgate and revise rules necessary to carry out the provisions of the Animal Sheltering Act; F. have authority to issue licenses and certificates pursuant to the Animal Sheltering Act; G. establish the types of licenses and certificates that may be issued pursuant to the Animal Sheltering Act and establish criteria for issuing the licenses and certificates; H. prescribe standards and approve curricula for educational programs that will be used to train and prepare persons for licensure or certification pursuant to the Animal Sheltering Act; I. implement continuing education requirements for licensees and certificate holders pursuant to the Animal Sheltering Act; J. conduct administrative hearings upon charges relating to violations of provisions of the Animal Sheltering Act or rules adopted pursuant to that act in accordance with the Uniform Licensing Act; K. provide for all examinations and for issuance and renewal of licenses and certificates; L. establish fees not to exceed one hundred fifty dollars ($150) for licenses and certificates pursuant to the Animal Sheltering Act; M. establish committees as the board deems necessary to effect the provisions of the Animal Sheltering Act; N. apply for injunctive relief to enforce the provisions of the Animal Sheltering Act; O. conduct national criminal background checks on applicants seeking licensure or certification under the Animal Sheltering Act; Q. make an annual report to the legislature, including information on the total number of dogs and cats spayed and neutered and the average costs per surgery paid for from the statewide spay and neuter subaccount of the animal care and facility fund. M. A person who practices, offers to practice, attempts to practice as, or makes any representation as being, a euthanasia technician, a euthanasia instructor or a licensed euthanasia agency without holding a license or certificate issued by the board shall, in addition to any other penalty provided in this section or any other law, pay an administrative penalty to the board in an amount not to exceed five hundred dollars ($500) for each offense. "animal shelter" means any animal facility operated privately or by or for a municipality or county, in which stray, lost or unwanted animals are kept and released for adoption; C. "sterilization" means rendering an animal unable to reproduce, either by the spaying of a female animal or by the neutering of a male animal; and. June 15, 2007. Fur-bearing animals, such as muskrat, mink, weasel, beaver, otter, nutria, masked or blackfooted ferret, ringtail cat, raccoon, pine marten, coatimundi, badgers, bobcat and foxes, may only be taken during certain seasons or with a permit and/or a license. The following statutes comprise the state's relevant assistance animal and guide dog laws. Justia Free Databases of US Laws, Codes & Statutes. Chewing is a natural stress release for animals and an occupier of time. Types of ordinances Abandoned dogs and cats; notice to owner; disposal without liability, § 77-1-20 . C. It is a violation of the Animal Sheltering Act for an employee or official of the board or the animal sheltering committee to disclose or use for that person's own advantage information derived from reports or records submitted to the board pursuant to that act. 102, § 11, eff. 176, § 7; L. 1973, Ch. F. Unexpended and unencumbered balances in the fund at the end of a fiscal year shall not revert to the general fund. NM - Hunting - Chapter 17. June 15, 2007. Some big-game species hunted in New Mexico may have radio collars or ear tags to collect data and monitor herd health. Any person who owns or keeps a dog or cat over the age of three months in this state shall have the dog or cat vaccinated against rabies as prescribed by regulation of the health and environment department. C. Animals less than six months of age shall be released only upon payment of the adoption fee and a sterilization deposit and after the adopting person has signed an agreement stating he will have the adopted animal sterilized when it is no older than six months of age. NM - Wild Horses - § 77-18-5. Predatory Wild Animals and Rodent Pests, NMSA 1978, § 28-7-3 to 28-7-5; § 28-11-1 to 28-11-6; § 77-1-15.1; § 65-7-16. Property Line and Tree Laws in New Mexico. § 77-1-1. Nearby Cities: Cuervo, Anton Chico, Newkirk, La Loma, Vaughn. Sponsored by Senator Nancy Rodriguez, Santa Fe, the "Service Animal Act" aligns New Mexico's statute with the 2011 updates to the Americans with Disabilities Act (ADA). A. June 17, 2011; L. 2013, Ch. July 1, 2009; L. 2015, Ch. To provide a forum for members of the profession to consider and discuss the legal issues that concern the treatment of all animals, the protections afforded to animals, and the … (3) provide by ordinance for the impounding and disposition of animals found running at large. These laws establish proper control of the dog and when the dog’s owner is liable to the bite victim. This New Mexico law states that the sale, purchase, trade and possession with intent to keep as a pet of any subhuman primate, skunk, raccoon, fox or other sylvatic carnivore may be regulated by regulation of the health and environment department [department of health] for the protection of public health and safety. To obtain this license, owners must provide proof of current rabies vaccination as well as proof of the dog being spayed or neutered (only if applicable). … License fees shall be fixed by the responsible municipality or county. The New Mexico County Predatory Control Act deals with predatory wild animals and rodent pests. C. It is unlawful to fail or to refuse to destroy vicious animals or unvaccinated dogs or cats with symptoms of rabies as prescribed by regulation of the health and environment department [FN1] for the protection of public health and safety. July 1, 2018; L. 2020, Ch. It is crucial that anyone involved in an accident provide their identifying information, render a reasonable amount of assistance, and contact emergency personnel. That dogs, cats and domesticated fowls and birds shall be deemed and considered as personal property, and all remedies given for the recovery of personal property and of damages for injuries thereto are hereby extended to them. Whenever the board has reasonable cause to believe a violation of a provision of the Animal Sheltering Act or a rule adopted pursuant to that act has occurred that creates a health risk for the animals or the community and immediate enforcement is deemed necessary, the board may issue a cease and desist order to require a person to cease violations. Rabies prevention requirements, to see them living inside of a euthanasia agency in state. With Predatory wild animals and an occupier of time this site is not to. Firm and can not offer legal advice from any one county within the state takes preservation. Regulated, NM - Fur/Trapping - Article 15 as Active and its File number is 6159133 domesticated... Year shall not be required to be killed exemption ) New Mexico domestic Limited-Liability Company filed on 27... A misdemeanor Mexico Decades of Fighting for the mandatory licensure of dogs and cats brought state. 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