Tijeras, New Mexico

Sec. 4-57. – Breeder permit.

(a) No person shall keep, maintain or harbor any intact dog or cat for the purposes of breeding without a breeder permit. Each dog or cat used for the purposes of breeding shall have a breeder permit. The resultant offspring shall not be sold for resale to commercial outlets or for the purpose of research.

(b) A female dog or cat shall have no more than one litter in any consecutive 12-month period.

(c) Upon presenting identification and with notice, an animal care services officer shall be allowed access to any premises housing any animal with a breeder permit for the purpose of an inspection.

Sec. 4-58. – Litter permit.

(a) The owner of an intact female dog or cat bred intentionally or unintentionally that does not possess a breeder permit is required to obtain a litter permit for each litter.

(b) Subsequent to the issuance of a litter permit, the permitted animal shall be sterilized within 120 days of the issuance of the litter permit.

Sec. 4-59. – Requirements for sale of offspring.

(a) No person shall advertise, barter for, sell, or give away any puppy or kitten unless the applicable permit number is displayed legibly in all advertisements. The owner shall furnish the litter permit number or breeder permit number to any potential recipient upon request.

(b) Puppies and kittens can only be bartered for, sold, given away or otherwise transferred or conveyed from the residential location listed on the litter permit or breeder permit. Puppies or kittens being bartered for, sold, given away or otherwise transferred or conveyed on public or commercial property, even with the commercial property owner’s permission, are in violation of this chapter.

Sec. 4-61. – Intact animal permit.

(a) Any person having a stray unsterilized dog or cat returned to him or reclaiming an impounded unsterilized dog or cat will obtain an intact animal permit or have the animal sterilized within 60 days of return. The permit shall be issued upon payment of the required permit fee and proof that they possess a current county license and rabies vaccination for the animal. The permit will be renewed annually until proof of sterilization has been provided to the animal care services department.

(b) Any animal found running at large twice shall be sterilized within 30 days of the second offense.

(c) An intact animal permit is required to keep a dog or cat exempt from being sterilized as mandated by applicable law when released prior to impound from an animal shelter.

Sec. 4-62. – Suspensions, revocations of permits.

(a) When the county manager discovers that a permitted premises is in violation of this chapter, he shall give notice of the violations to the permit holder, operator or person in charge by means of an inspection report or other written notice. The notification shall:

(1) Set forth each specific violation.

(2) Establish a specific and reasonable period of time for the correction of the violation.

(3) State that failure to comply with a notice issued in accordance with the provisions of this chapter may result in immediate suspension or revocation of the permit.

(4) State that an opportunity for appeal from a notice or inspection findings will be provided if a written request for a hearing is filed with the county manager within five days of receipt of the notice.

(b) Notices under this section shall be deemed properly served and received when the original inspection report or other notice has been personally served on the person in charge or sent by registered or certified mail to the last-known address of the permit holder.

(c) Permits may be suspended for failure of the holder to comply with the requirements of this chapter or other applicable laws, ordinances or regulations. The suspension may be lifted when the county manager determines the violations have been corrected.

(d) Permits may be revoked for serious or repeated violations of the requirements of this chapter, or for violation of other applicable laws, ordinances or regulations. A permit shall be revoked for one year. The permit shall be surrendered to the county manager, upon suspension or revocation.

(1) A person whose permit has been suspended may apply for an inspection of the premises for the purpose of reinstating the permit. If the applicant and the site are in compliance with the requirements of this chapter and all other applicable laws, ordinances and regulations, the permit shall be reinstated. The reinstated permit shall expire on the date of expiration of the previously suspended permit.

(2) If an exotic or wild animal permit is suspended or revoked, all animals received, purchased, owned or kept under the authority of the permit shall be surrendered to the county manager for impoundment. After a period of at least seven days, if the violations of this chapter which resulted in suspension or revocation of the permit have not been corrected, the county manager may sell or dispose of the animal as provided in this chapter. The applicant may appeal the suspension or revocation in the manner provided in section 4-63.

Sec. 4-63. – Appeal procedures for permit denial, suspension or revocation.

(a) A person whose application for a permit or permit renewal has been approved on condition or denied and a permit holder whose permit has been suspended or revoked, may submit to the county manager a written request for a hearing. The written request must be received within five days of the applicant’s receipt of the written notice from the county. The hearing shall be conducted within a reasonable time after the county manager receives the request for a hearing.

(b) Hearings shall be conducted by a hearing officer at a time and place designated by the county manager and shall be recorded. All witnesses shall be sworn or affirmed. Written notice of the time and place of the hearing shall be mailed to the applicant and the county manager.

(c) The applicant shall be afforded a fair hearing which provides the basic safeguards of due process which shall include:

(1) The opportunity to examine before the hearing and, at the expense of the applicant, to copy all documents, records and regulations of the county manager that are relevant to the hearing. Any document not made available by the county manager, after written request by the applicant, may not be relied upon by the county manager at the hearing.

(2) The right to be represented by counsel or other persons chosen as his representative.

(3) The right to present evidence and arguments in support of his appeal to controvert evidence relied on by the county manager, and to confront and cross examine all witnesses on whose testimony or information the county manager relies.

(4) A decision based solely and exclusively upon the facts presented at the hearing.

(d) The hearing officer shall prepare a written report of his findings and decision within ten days after the hearing and shall provide copies to the parties.

Sec. 4-140. – Sterilization agreements/contracts.

It shall be unlawful for a person to possess any unsterilized animal when such animal is required to be sterilized under the terms of any applicable sterilization agreement or contract.

Sec. 4-185. – Impounding animals.

(a) An animal care services officer may take up and impound in any designated animal care services facility a stray or any animal kept or maintained contrary to the requirements of this chapter.

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(3) An unsterilized animal reclaimed by its owner shall be released without being sterilized upon payment of an amount on file in the village offices for the sterilization deposit and impoundment fees imposed by the shelter, and the owner shall sign an agreement stating he will sterilize the animal within 30 days after release or will obtain a breeder permit, intact permit, or its equivalent.