Los Lunas, New Mexico

6.04.010 – Definitions.

For purposes of this chapter, the following words shall have the meanings set out in this section:

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“Kennel” means any person, partnership or corporation that is engaged in the maintenance and shelter of animals not their own for profit, or that is engaged in breeding and sale of animals for profit.

6.04.050 – Licensing and vaccinations required.

B. Licensing. Any person harboring or maintaining any dog over three months of age, within the village, shall obtain a license for each dog. Persons who are visiting or temporarily remaining within the village for less than thirty consecutive days shall be exempt from this licensing requirement. Licenses may be issued only by the village or a local licensed veterinarian. Licenses shall expire one year after the date of issuance of the license. The village animal control officer shall keep a record of all licenses issued. A current rabies vaccination certificate shall be presented at the time of the application for the license.

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2. Fees. The annual license fee shall be three dollars for each neutered or spayed dog, and five dollars for each unspayed or unneutered dog. In the event a tag is lost, a replacement tag shall be obtained for a charge of one dollar. Each kennel or petshop with ten dogs or more in possession shall pay an annual fee of fifty dollars in lieu of licensing individual dogs, and such fee will cover all dogs kept by such business during the year.

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4. The owner who intentionally or unintentionally breeds dogs must have a current hobby breeders license or shall pay a litter fee of twenty-five dollars for each litter. The twenty-five dollar fee may be refunded at the time proof of sterilization of the female animal is submitted and verified by the village but no later than two months from the time the female dog or cat delivers a litter. Each hobby breeder shall pay an annual fee of fifty dollars in lieu of fees for individual litters, and such fee will cover all litters during the calendar year. An owner shall not advertise, sell, barter, exchange or give away any dogs within the village boundaries unless the litter fee is displayed legibly. An owner shall furnish the litter fee or hobby breeder permit number to any prospective recipient requesting the number.

6.04.160 – Permitted premises.

A. Permit Required.

1. No person shall operate a kennel, guard dog site or hobby breeder site without a valid permit issued by the animal control officer.

2. A fine of one hundred dollars will be assessed for any violations.

B. Permit Applications.

1. Persons who wish to apply for a permit shall file on forms provided by the village. The application shall require information sufficient to assure the animal control officer that the applicant and facilities are adequate to care for the animals in a manner that protects the public and the animals.

C. Permit Requirements.

1. No permit is transferable from one person or place to another person or place.

2. A valid permit shall be posted in a conspicuous place at each permitted premise.

3. A permit holder shall notify the animal control officer of any changes in operations which may affect the status of the permit and shall keep the village informed of any changes in name, address, home and business telephone numbers.

4. Both the person in charge of permitted premises and the owner of the permitted premises shall be responsible for complying with this section.

5. At each permitted premises a current record shall be kept which describes all animals owned, purchased or received, and the final disposition of each animal.

6. Permits shall expire one year after the date of issuance of the permit. An application for renewal, accompanied by a current certificate of inspection issued by the animal control officer, shall be filed at the village thirty days before the date of expiration. Failure to renew permits as specified shall result in the expiration of the permit, or in the assessment of a late fee of ten dollars in addition to the cost of renewing the permit.

D. Facilities and Care Applicable to Kennel Permit.

1. Dog and/or cat housing facilities must be structurally sound and shall be constructed of nontoxic materials. This facility shall be maintained in good repair and kept clean and sanitary at all times so as to protect animals from disease and injury. Animals maintained in pens, cages, or runs for periods exceeding twenty-four hours must be provided with adequate space for exercise, to prevent overcrowding, and to permit adequate ventilation and temperature control to provide for the animals comfort and health. Sufficient lighting shall be provided by either natural or artificial means. If outside housing is provided, it must be sufficient to protect the dog and/or cat from sunlight, rain, snow or cold weather detrimental to the animal’s health. Disposal facilities shall be provided and operated so as to minimize vermin infestation, odors, and disease hazards. Animals shall be provided with sufficient fresh clean and wholesome food and water. Food and water containers must be kept clean. Every animal kept in a kennel must be observed daily and diseased or injured animals must be provided with veterinary care.

E. Access to Permitted Premises.

1. The animal control officer shall be allowed to enter a permitted premise, following proper notification of permit holder or applicant, for the purpose of inspection prior to issuance of permit, renewal of permit, or for investigation of complaint.

F. Suspensions, Revocation of Permits.

1. When the animal control officer discovers that a permitted premises is in violation of this section, he shall give notice of this violation to the permit holder, operator or person in charge by means of an inspection report or other written notice. The notification shall state that failure to comply with the inspection report issued in accordance with the provisions of this section may result in immediate suspension or revocation of the permit.

2. Permits may be suspended for thirty days to allow permit holder to comply with the requirements of this section or other applicable laws, ordinances, or regulations.

3. Permits may be revoked for serious or repeated violations of the requirements of this section, or for violation of other applicable laws, ordinances or regulations. A permit shall be revoked for a minimum of one year. The permit shall be surrendered to the animal control officer upon suspension or revocation. A person whose permit has been suspended may apply for an inspection of the premises for the purpose of reinstating the permit by filing an additional application for a permit on a form required by the animal control officer. Within five working days after the application is received the animal control officer shall make an inspection. If the applicant and the site are in compliance with the requirements of this section and all other applicable laws, regulations, and ordinances, the permit shall be reinstated.