Carlsbad, New Mexico

Sec. 6-40. – Adoption of impounded animals.

(d) No impounded animal shall be adopted for the purpose of breeding or resale. No animal shall be sold or given to or used for medical laboratory use. Every dog or cat adopted from the animal shelter shall be spayed or neutered by a licensed veterinarian at the expense of the adopting party. The animal being adopted may be held at the shelter until it is altered, or the shelter may make arrangements to have all or part of the cost of altering the animal paid to the city by the adopting party to ensure compliance with this section. Any individual who qualifies may apply for financial assistance to help pay the cost of altering through a reduced cost spay/neuter program, if such program is available.

Sec. 6-66. – Dogs running at large generally.

(a) It shall be unlawful for the owner of any dog to cause, allow, or permit the dog to run at large in or on any public property or in or on any other property without the permission of the owner of the property. Any dog running at large in violation of this section may be taken up and impounded by an animal control officer. A citation may be issued to the owner whether or not the dog is impounded.

(b) Any person who shall violate the provisions of subsection (a) of this section shall be punished in accordance with section 1-6 of this Code, provided however, that:

(1) If the owner is unable to provide written proof, satisfactory to the Court, that the dog has been both spayed or neutered and is currently vaccinated against rabies, then:

a. Upon first conviction pursuant to this section, a person shall be sentenced to pay a fine of not less than $200.00 which fine may be suspended in whole or in part or deferred by discretion of the judge with the condition that the owner will provide the court with written proof that the dog has been spayed or neutered or currently vaccinated against rabies within a time set by the court.

b. Upon a subsequent conviction pursuant to this section, the mandatory minimum fine of $200.00 shall be increased by no less than $25.00 for each such subsequent offense, no part of which total fine shall be deferred or suspended by the judge.

(2) If the owner provides written proof, satisfactory to the court, that the dog has been both spayed or neutered and currently vaccinated against rabies, then:

a. Upon first conviction pursuant to this section, a person shall be sentenced to pay a fine of not less than $80.00 which fine may be suspended in whole or in part or deferred by discretion of the judge.

b. Upon a subsequent conviction pursuant to this section, the mandatory minimum fine of $80.00 shall be increased by no less than $25.00 for each such subsequent offense, no part of which total fine shall be deferred or suspended by the judge.