Mesilla, New Mexico

6.05.030 Definitions.

The following words, terms, phrases, and their derivations shall have the following meanings:

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O. “Breeding” means allowing, either intentionally or unintentionally, a dog, cat, or other domestic animal to produce offspring.

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EEE. “Multi-animal site, residential” means any premises on which more than three dogs, three cats, or any combination thereof in excess of three, 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 carried on, with the exception that the sale of not more than two litters per year for each site shall be permitted. Buying, selling, breeding, training, or boarding of such animals for compensation shall be deemed to be a commercial activity not allowed in a residential area unless otherwise permitted by applicable zoning regulations. Such premises were formerly defined as a kennel.

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MMM. “Pet mill” means a commercial pet breeding facility operated with an emphasis upon profits above animal welfare and often in substandard conditions regarding the well-being of the animals at the facility, which 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.

6.05.110 Impounding strays – Procedure.

F. Proof of Sterilization. A person reclaiming a dog or cat judged to be six months of age or older by the animal control officer and that was seized or apprehended from an address or location within the town shall provide proof that said animal has been sterilized before the animal may be reclaimed if such condition is not readily obvious to the animal control officer.

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.

2. If proof of sterilization cannot be provided or such condition is not readily obvious to the animal control officer, the owner or community cat caregiver shall provide a sterilization deposit to the animal control officer.

3. The owner or community cat caregiver shall sign an agreement stating that he or she will have the animal sterilized within 30 days of reclamation or will obtain an intact animal permit from the animal control officer within such time.

4. The sterilization deposit shall be reimbursed to the owner or community cat caregiver upon presentation of proof of sterilization to the animal control officer by the owner or community cat caregiver within 35 days of reclamation.

5. The sterilization deposit shall not be reimbursed for obtaining an intact animal permit.

6.05.130 Licensing and identification microchip required.

A. Licensing. A person owning or having care, custody or control over any dog or cat judged to be six months of age or older shall obtain a license for each such dog or cat. Persons who are visiting or temporarily remaining within the town for less than 30 consecutive days shall be exempt from this licensing requirement. Licenses may be issued only by the marshal’s department. Licenses shall expire one year after the date of issuance of the license. The marshal’s department or duly authorized designee shall keep a record of all licenses issued. A current rabies vaccination certificate shall be presented at the time of application for the license.

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3. Breeder Fees. The owner who intentionally or unintentionally breeds dogs or cats must have a current multi-animal residential site permit or shall pay a litter fee. The fee may be refunded at the time proof of sterilization of the female dog or cat is submitted and verified by the marshal or his duly authorized designee, including the animal control officer, but no later than two months from the time the female dog or cat delivers a litter. Each multi-animal residential site permittee shall pay an annual fee in lieu of fees for individual litters, and such fee will cover all litters during the calendar year.