Santa Fe County, New Mexico

§ 95.03 Definitions.

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

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Kennel.

Any establishment or premises where dogs, cats or other animals are boarded, bred, kept, bought, sold, traded, let for hire, groomed or trained for a fee.

§ 95.05 Kennels, grooming parlors and the like.

(A) It shall be unlawful to keep, maintain, harbor or possess upon the premises of any one household or upon the premises of any one business property more than ten dogs of licensing age or ten cats unless the owner or person in charge thereof has obtained a permit to operate a kennel from the animal control division.

(B) The cost of obtaining a kennel permit is set forth in appendix A to this chapter. Each kennel license must be renewed annually and a new permit fee paid.

(C) No kennel permit shall be issued until an inspection of the kennel by an ACO finds compliance with this chapter has been completed.

(D) The ACO is authorized to inspect, at any reasonable hour, any kennel holding a permit to operate. By accepting a kennel permit, the permittee is agreeing to surrender the kennel for inspection at a reasonable time upon the request of an ACO.

(E)       (1) All kennels, as defined herein, shall, in addition to the other provisions of this chapter, comply with the minimum standards of this section. Failure to meet these standards shall be grounds for denial of a permit or revocation of a permit.

(2) The following standard must be met.

(a) Animal enclosures must be provided which allow adequate protection against all weather extremes, floors of buildings, runs and walks must be constructed with an impervious material to permit proper cleaning and disinfecting.

(b) Building temperatures shall be maintained at a comfortable level. Adequate ventilation and adequate lighting shall be maintained at all times.

(c) Each animal shall have sufficient space to stand up, to lie down and turn around without touching the sides or tops of cages.

(d) Cages are to be of material and construction that permit adequate cleaning and sanitizing.

(e) Cages are to be of an impervious, washable material, radiantly heated, and shall have a resting board or some kind of bedding.

(f) Rooms shall provide an adequate exercise area and protection from the weather. Runs shall have an impervious surface.

(g) All animal quarters and rooms are to be kept clean, dry and in a sanitary condition.

(h) Animal food shall be free from contamination, shall be wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirement for the condition, age and size of the animal.

(i) All animals shall have fresh, potable water available at all times. Water vessels shall be mounted or secured in a manner that prevent tipping and be of a removable type.

(F) Any permit issued pursuant to this section may be revoked by an ACO [that] has reasonable cause to believe that the standards set forth in this section are not being met, or if the permittee or person caring for or having control of the kenneled animals has violated any section hereof or is in violation of any zoning, health and safety or building ordinance relating to the keeping, care of or use of any animal.

(G) All revocations of permits issued pursuant to this section shall follow the procedures set forth below:

(1) Notice of proposed revocation shall precede any permanent revocation of a permit issued under this section.

(2) The notice of proposed revocation shall specify the following:

(a) The specific violation or violations alleged, including dates and times of the alleged violation or violations, and any specific section or subsection of this Ordinance or state law that is alleged to have been violated;

(b) A specific date by which the alleged violations shall be corrected to avoid further revocation proceedings, if the violation is of a nature that may be corrected;

(c) A warning that failure to correct the violation or request a hearing shall result in revocation of the permit; and

(d) Procedures for requesting a hearing regarding the alleged violation and proposed revocation of the permit.

(3) If the period of time during which the permit holder was allowed to correct the violation passes without correction of the violation, and the permit holder has not requested a hearing as described in this section, the animal control division shall issue a notice of revocation. The revocation shall be effective thirty (30) days from service of the original notice of proposed revocation.

(4) A permit holder may appeal the proposed revocation by requesting a hearing. The request for hearing shall be made within five (5) days of service of the notice of proposed revocation. The request for hearing shall be in writing, sent by certified mail, return receipt requested. The request for hearing shall briefly state the reasons why the permit holder believes the revocation is not justified under the circumstances.

(5) The animal control division shall give written notice of the date, time, and place of the hearing to the permit holder. The date of the hearing shall be not less than ten (10) days or more than thirty (30) days from the date of service of the notice of the hearing. The animal control division may designate a county employee other than one employed in the sheriff’s department or any other suitable individual to be the hearing officer.

(6) The hearing officer may uphold, modify, or reverse the permit revocation. In conducting the hearing, the hearing officer shall not be limited by formal rules of evidence; evidence may be considered which is of a type upon which responsible people are accustomed to rely in the conduct of serious affairs. Within fifteen (15) business days of the hearing, the hearing officer shall send written findings and conclusions to the permit holder, by certified mail, return receipt requested. Permit holders may be represented by counsel at the hearing.

(7) A person aggrieved by the hearing officer’s decision may appeal the decision as by filing a petition for writ of certiorari pursuant to Rule 1-075 NMRA.

(8) Notices provided for under this subsection shall be deemed served when the notice is delivered personally or mailed by registered or certified mail, return receipt requested, to the address on record for the permit holder.

(9) During the pendency of the appeal, the animal control division may take such action as is deemed appropriate for the health and safety of the animals and the general public, including temporarily suspending the permit and prohibiting the permit holder from operating under the permit pending resolution of the revocation proceeding.

(10) A permit holder whose permit has been revoked shall not be eligible to apply for another permit for a period of one year after the revocation of the permit.

(11) Upon revocation of a permit, the permit holder shall cease operating under the permit within five (5) days of the effective date of revocation. If necessary, the permit holder shall give away, sell, or surrender all animals previously covered by the permit in compliance with relevant laws, regulations, and in a manner satisfactory to the animal control division.