Silver City, New Mexico

Sec. 6-1. – Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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Hobby breeder means a person who pursuant to a valid permit issued annually by the town’s animal control officer, breeds dogs or cats. The hobby breeder shall be limited to breeding three dogs, cats, or combination thereof. There are, however, no number restrictions on keeping one litter up to the age of four months within any 12-month period.

Sec. 6-165. – Neutering or spaying of dogs and cats.

(a) Provision for the neutering and spaying of adopted dogs and cats within the town shall be in accordance with the rules and regulations of the Humane Society.

(b) All dogs or cats over six months of age shall be spayed or neutered within 30 days of reaching that age, unless:

(1) The owner holds a breeder’s permit for the cat or dog;

(2) The owner has a written certificate from a veterinarian that provides a health exemption;

(3) The dog or cat is in the custody of a humane organization which is in the process of spaying or neutering the animal; and

(4) The cat is feral. Such animal shall be humanely destroyed immediately under the direction of the humane society.

(c) Owners of dogs or cats shall be exempt from the requirement that such animals be spayed or neutered so long as the owner can show that he or she owned the animal on February 26, 1993, the effective date of the most previous amendment (Ordinance No. 864) to the ordinance from which this article is derived. Such proof may be made by showing the animal to have been licensed before such date.

Sec. 6-166. – Hobby breeder permits.

(a) A hobby breeder permit may be issued by the animal control officer for the keeping of up to three dogs, cats, or combination thereof, under the following conditions:

(1) The owner must be in compliance with section 6-4 pertaining to the number of dogs and cats permitted.

(2) The applicant for the permit must show:

a. A plot plan of the premises where the animals are to be kept;

b. Identify the numbers of cats and dogs which are proposed to be kept, including the numbers which are to be kept predominantly indoors and which are to be kept predominantly or entirely outdoors; and

c. Identify the number and approximate location of any outdoor shelters on the premises.

d. Submit an affidavit that the proposed location is located in an authorized commercial, industrial, or rural zone within the town.

(3) The fee for the permit shall be $200.00 per year, in addition to any other fees required by this chapter.

(4) Each holder of a hobby breeder’s permit shall comply with all provisions of this article, and shall keep the premises for which the permit is issued free from any obnoxious, offensive or unsanitary condition.

(b)The hobby breeder’s permit may be revoked if any of the following conditions exist:

(1) The permittee has violated any town ordinances or state laws relating to the keeping, care or use of any animal;

(2) The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee required by this Code;

(3) The permittee refuses to allow inspection, on 48 hours’ written notice, of any animal covered by the permit or the premises in which the animal is kept; or

(4) The permittee has transferred, sold or otherwise disposed of the animal for which a breeding permit was issued.

(c) If, after investigation, the animal control officer or other commissioned law enforcement officer concludes that there is probable cause to believe that one or more of the grounds for revocation contained in subsection (b) of this section has occurred, he shall give written notice of the proposed revocation to the permittee. This notice shall be served on the permittee by first class mail or personal delivery, and a copy shall be delivered to the chief of police. The notice shall specify the grounds for proposed revocation of the permit and shall specify a time and date for an informal hearing to be held before the chief of police or the chief’s designee. The date of the hearing shall be not less than five days after the notice is personally delivered or eight days after the notice is mailed. After the informal hearing, the permit may be continued in effect, modified or revoked.

(d) The permittee may appeal the chief of police’s decision to the town manager by written notice of the intent to appeal delivered to the town clerk within five business days of the receipt of decision. Thereafter, the town clerk shall notify the permittee of the time and place for hearing the appeal.

Sec. 6-217. – Professional animal permits for commercial kennels or hobby breeders.

(a) Professional animal permits shall be issued by the animal control officer on an annual basis and shall be renewed on January 1 of each year.

(b) An application for a permit shall be made at the animal control office. Within 30 working days of receipt of an application for a permit, an officer shall inspect the premises wherein the animals are kept, which may include a private residence, to determine that there are no violations of this chapter. If there are no violations, the office shall approve the application and issue the permit within five working days of the inspection. If there are violations, no permit shall be issued until the violations are corrected.

(c) After the permit is issued, an officer shall be permitted to enter the kennel or pet shop, at any reasonable time, for the purpose of making an inspection to determine compliance with this chapter.

(d) Permits are not transferable from one person or place to another.

(e) The fees for annual permits are as follows: