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Amended Ordinance
No. 88-04

OTERO COUNTY,
NEW MEXICO,

AN ORDINANCE OF THE COUNTY OF OTERO, NEW MEXICO ADOPTED PURSUANT TO CHAPTER 194, LAWS OF 1979 RELATING TO ANIMAL CONTROL AND PROVIDING COUNTY POWERS OVER ANIMALS RUNNING AT LARGE: ENFORCEMENT, SEIZURE AND IMPOUNDMENT; REDEMPTION, FEES, VACCINATIONS; PROHIBITED DUMPING OF LIVE ANIMALS, AND IMPOSING THE PENALTY FOR VIOLATIONS OF THIS ORDINANCE.

BE IT ORDAINED by the Board of County Commissioners in and for the County of Otero, State of New Mexico, at a meeting held therefore in the Otero County Courthouse on the 20th day on March, 1989 at 1:00 p.m., duly advertised in accordance with Section 4-37-7, NMSA 1978 Compilation and the New Mexico Open Meetings Act; and to become effective 30 days after recording of this ordinance in the Otero County Clerk's Office

SECTION 1. DEFINITIONS
As used in this ordinance the follwing definitions shall apply unless otherwise specified

Owner: (Back)
The word "owner" shall mean any person, group of persons, firm, business or corporation owning, keeping or harboring any dog, cat, or other animal or animals.

RABIES SUSPECT ANIMALS: (SECTION 1: book 002 page 130)(Back)
The phrase " rabies suspect animals" shall mean any dog, cat, or other animal which has been exposed or is suspected of having been exposed to rabies through a bite by any other animal ot through contact with any other animal known or reasonably suspected to be infected with rabies

RABIES SUSPECT ANIMALS: (SECTION 3: book 002 page 131)
A) Every rabies suspect animal shall be immediately confined by the owner, and the owner shall not permit the rabies suspect animal to contact any person or animal. The owner shall immediately notify the Animal Control or the Sheriff. The owner shall surrender on demand. The Animal Control Officer shall impound every rabies suspect animal at the expense of the owner thereof, unless the owner has made satisfactory arrangements for the quarantine of such animal. No rabies suspect animal shall be released from impoundment or quarantine unless and until it has been certified free from rabies by a licensed veterinarian.
B) No person shall kill a rabies susoect animal nor remove such animal from the County without permission of the Animal Control Officer or Sheriff, except when it is necessary to kill such animal to prevent it from escaping or biting any person or animal
C) The Animal Control Officer or Sheriff shall direct the disposition of any animal found to be afflicted with rabies.
D) The carcass of any dead rabies suspect animal shall be surrendered to the Animal Control Officer or Sheriff on demand.

RUNNING AT LARGE: (SECTION 1: book 002 page130)(Back)
The phrase "running at large" shall mean being on private or public property other than that belonging to, occupied or public property other than that belonging to, occupied or leased by the owner while not under the actual physical control of the owner after a complaint has been recieved by anyone charged with a duty to enforce this ordinance.

ANIMALS RUNNING AT LARGE: (SECTION 4: book 002 page 132)
Any dog or cat running at large may be seized and impounded by the Animal Control Officer or Sheriff. If any dog or cat is not redeemed by the owner within seventy-two (72) hours by the owner paying the reasonable costs of impoundement and care as well as any vaccination, such dog or cat may be humanely destroyed or otherwise disposed of; PROVIDED that a reasonable effort has been made to notify the owner, if known.

ENFORCEMENT: (SECTION 2: book 002 page 131) (Back)
The Sheriff of Otero County shall be responsible for the enforcement of this ordinance, and to assist in that enforcement, the Sheriff may designate a part-time or full-time Animal Control Officer

REPORTING OF ANIMAL BITES: (SECTION 5: book002 page132) (Back)
Any person bitten by any animal and the owner of any animal biting any person shall immediately notify the Animal Control Officer or Sheriff of the circumstances of the bite and the name, age, sex, and address of the victim and the owner. The Animal Control Officer or Sheriff shall conduct an investigation to determine if the animal has been property vaccinated for rabies and that the period of rabies immunity has not expired. If such determination cannot be conclusively made, the animal shall be considered a rabies susoect animal as hereinbefore defined.

DUMPING OF ANIMALS PROHIBITED: (SECTION6: book 002 page132) (Back)
No person shall dump or abandon any living animal at any location. Such dumped or abandon animal may be seized and impounded in the same manner as any animal running at large.

PENALTY: (SECTION 7: book 002 page132) (Back)
The violation of any of the provisions of this ordinance shall be a pretty misdemeanor as defined by Section 30-1-6, NMSA 1978 Compilation.