Las Cruces, New Mexico

Sec. 7-2. – Definitions.

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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Breeder. A person who keeps, maintains or harbors any intact companion animal for the purposes of breeding, whether intentional and unintentional.

Breeding. Allowing, either intentionally or unintentionally, a companion animal to produce offspring.

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Multi-animal site, residential. Any residence in which more than three companion animals but not more than seven in number, four months of age or older, are kept and on which premises the business of buying, selling, breeding training or boarding for compensation is not conducted. Buying, selling, breeding, training, or boarding of such companion animals for compensation shall be deemed to be a commercial activity not allowed in a residential area unless otherwise permitted by applicable zoning regulation. Such premises were formerly defined as a private residential kennel. Requirements for a multi-animal site, residential, limiting the number of permitted animals shall not apply to an animal shelter, foster care site or community cat colony.

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Pet mill. A companion animal breeding facility operated with an emphasis upon profits above animal welfare and which is often in substandard conditions regarding the well-being of the animal at the facility. Substandard conditions include, but are not necessarily limited to, overbreeding, inbreeding, minimal veterinary care, poor quality of food and shelter, lack of human socialization, overcrowded cages, and the killing of unwanted animals.

Sec. 7-11A-1. – Spay/neuter requirements.

(a) Purpose. It is the purpose of this section to promote the health, safety, and general welfare of the residents of the city by reducing the number of stray dogs and cats, stop the needless killing of these animals by restricting the breeding practices of companion animal owners/guardians and breeders, decrease certain unwanted behavior, and protect them against certain illnesses and live a longer, healthier life.

(b) It shall be unlawful to own or keep within the City of Las Cruces, if the owner/guardian has been cited two times or more within the preceding 364-day period for a violation of section 7-13 (restraint requirements) of this chapter:

(1) An unaltered cat over the age of five months;

(2) An unaltered dog over the age of four months, defined as having a projected adult weight based on breed of less than 45 pounds; or

(3) An unaltered dog over the age of nine months, defined as having a projected adult weight based on breed of more than 45 pounds.

(c) Owners/guardians may seek an exemption from this requirement if alteration would be dangerous for the companion animal due to health issues. The animal control unit may grant this exemption if the owner/guardian of the companion animal can provide a letter from a licensed veterinarian stating such reasons. If granted, the owner/guardian is required to obtain an intact animal permit as defined herein.

(d) This requirement for spaying and neutering shall not apply to:

(1) A companion animal that is incapable of breeding or medically unsuited to undergo a spay or neuter procedure, if a licensed veterinarian has so certified in writing that the animal is incapable of breeding or that a spay or neuter procedure would likely cause the animal’s death or substantially aggravate a medical condition of the animal. The certification shall indicate the medical basis for the exemption and whether the unsuitability is temporary or permanent. If temporary, the certification shall indicate the period of time the unsuitability is anticipated to last. For an exemption to apply beyond that period, a new certification must be obtained.

(2) A dog used by law enforcement agency for law enforcement activities.

(3) A dog that is a breed approved by and registered with a national or international breed registry or an association which, at a minimum, requires identification of the breed, date of birth, names of registered sire and dam, health certificate, the name of the breeder and recordkeeping relating to breeding, and transfer of ownership. The owner shall provide verified proof to the satisfaction of the animal control unit.

(4) A dog which is undergoing training to, or currently is being trained to compete or as a livestock guardian dog, or a dog designated as breeding stock for these purposes by a recognized agency or organization approved by the animal control unit.

(5) If an animal is temporarily in the city to participate in a show or event sponsored by a sanctioned animal organization.

(6) If an animal is owned or kept in the city for fewer than 30 days in a one-year period.

(7) For each of the above, the owner/guardian shall provide proof to the satisfaction of the animal control unit with each application for an exemption.

(e) The requirement for spaying and neutering shall not apply to a companion animal harbored by a public shelter, humane society, or similar organization, whether public or private, with the principal purpose of securing the adoption of dogs or cats, provided that such organization requires the spaying or neutering of all dogs and cats prior to adoption from such organization.

(f) Funding. The city will strive to provide funding annually, as part of its budget, for affordable free and low-cost spay/neuter to qualifying low-income residents, as defined by the city, to assist with general spay/neuter needs in the community to address the potential pet overpopulation issue from a public health and animal welfare perspective.

Sec. 7-31. – Special animal permits.

(10) Breeding permit. A person who breeds a companion animal for sale and/or hobby shall purchase a breeding permit prior to breeding the animal.

a. All companion animals to be bred must be microchipped and registered in the name of the person who wishes to breed before a breeding permit will be issued.

b. A breeding permit must be renewed annually from the date of issuance.

c. Any person who intentionally or unintentionally breeds companion animals or causes or allows any animal subject to an intact animal permit to breed must have a current breeding permit or can be cited and subject to a fine established by the city council.

d. Any person who or unintentionally breeds companion animals and does not have a current breeding permit shall pay a litter fee established by the city council. The fee may be refunded at the time proof of sterilization of the female animal is submitted and verified by the animal control unit no later than two months from the time the female dog or cat delivers a litter.

e. No person shall intentionally or unintentionally breed a companion animal that produces more than two litters per year.

f. A breeding permit is required to advertise any companion animal for sale, gift or other transfer within the city on any online or social media website, periodical, or newspaper. The breeding permit number must be included in any advertisement.

g. No person shall sell, barter, exchange or give away any companion animal within the city unless a valid breeding permit number is clearly and legibly displayed and shall furnish the breeding permit number to any prospective recipient requesting the number.

(11) Intact companion animal permits. Anyone owning or having guardianship, care, custody or control of companion animals that have not been sterilized in accordance with section 7-11A-1 shall obtain an intact animal permit for those animals.

a. All intact companion animals must comply with the microchip requirements set forth herein before an intact permit can be issued.

b. No person shall be permitted to have more than two intact companion animals.

c. If an intact companion animal that has been issued a permit is impounded twice by the animal control unit, the permit will be automatically revoked and the animal will be required to be altered at the expense of the permit holder.

d. Medical waiver certificate—Exemption. Anyone owning or having guardianship, care, custody, or control of companion animals may seek an exemption from the intact animal permit requirement if:

1. A licensed veterinarian has certified in writing that the animal is incapable of breeding or that a sterilization procedure would likely cause the animal’s death, harm, or aggravate a physical condition of the animal. The certification shall indicate the medical basis for the exemption and whether the unsuitability is temporary or permanent. If temporary, the certificate shall indicate the period of time the unsuitability is anticipated to last. For an exemption to apply beyond that period, a new certificate must be obtained.

2. Upon the acceptance of a medical waiver certificate by animal control, the person owning or having care, custody or control shall be issued an intact companion animal permit free of charge.

3. Medical waiver certificates shall be valid for one year. Upon expiration of the medical waiver certificate, the person owning or having care, custody or control shall be required to reapply for the intact companion animal permit.

e. If the permit holder wants to breed an intact companion animal or if a female intact companion animal has been impregnated, the permit holder must obtain a breeding permit prior to the birth of the litter.

f. Application requirements for intact animal permit.

1. An application for an intact animal permit must be made on the form prescribed by animal control unit and shall include the following information:

i. The name, telephone number, and email address of the applicant.

ii. The physical description of the animal to be included under the permit and the species, breed, gender and age of the animal.

iii. The permit shall apply solely to the animal specified in the application.

2. A statement from a licensed veterinarian that the animal is current on all veterinarian recommendations, including examinations, vaccinations, and treatments.

3. A statement affirming that the applicant is familiar with the provisions of this chapter and agrees to maintain all companion animals in accordance with the provisions.

4. An application must be accompanied by:

i. Payment of a nonrefundable application fee in the amount adopted annually by the city council; and

ii. Photographic evidence, in digital or printed form, showing the enclosure(s) where the unaltered animals are to be kept.

5. The animal control unit may require additional information and documentation as deemed necessary to determine whether a permit should be issued.

g. Issuance and renewal. Permits shall be issued or renewed only if the animal control determines that the following conditions have been met:

1. The animal is kept current on vaccinations;

2. The animal is not housed with another intact animal of the same species and opposite sex;

3. The permit holder has not had violations of the provisions of this chapter in the preceding 24 months;

4. The animal control unit determines that approval of the permit is in the best interest of the animal as well as the health and welfare of the public.

Sec. 7-36. – Pet mill.

No person shall keep or operate a pet mill.

Sec. 7-44. – Reclamation.

(e) Proof of sterilization. A person reclaiming a companion animal that was seized or apprehended from an address or location within the city shall provide proof that the animal has been sterilized before the animal may be reclaimed if such condition is not readily obvious to the ASCMV staff.

(1) Proof of sterilization shall consist of a written certificate by a veterinarian stating that the animal has been sterilized, or that sterilization would be an unnecessary surgical risk for the animal due to its age or physical condition, pursuant to section 7-11A-1.

(2) If proof of sterilization cannot be provided or such condition is not readily obvious to the ASCMV staff, the owner/guardian of an intact animal shall be sterilized prior to reclamation or an intact animal permit obtained. The owner/guardian must pay all impound fees and sterilization authorization and fee.