Clovis, New Mexico

6.04.133 – Registered breeder.

“Registered breeder” means a person involved in controlled breeding of dogs or cats which may or may not be registered with a nationally or internationally recognized animal organization who has a business registration on file with the city clerk.

6.12.020 – Permit required.

C. Animal Litter Sale Permit. Applies to the accidental impregnation of a household pet. No person shall apply for or obtain more than one animal litter permit per female companion animal per household. A second request will be referred to the city clerk for a home business registration. No fee will be imposed for the first occurrence of an unintended litter. Second and subsequent litters without a permit will be subject to a fine pursuant to Section 6.36.010 of this title.

D. Home Business Registration. To own, harbor or keep unsterilized dog(s) or cat(s) or to conduct home breeding of dogs or cats for resale purposes. A home business registration may only be conducted in “R” Residential or “RS” residential single-family zones and will be obtained from the city of Clovis finance department. No more than two unsterilized animals may be owned, harbored, or kept at a residence for breeding purposes.

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All permits & registrations require the following information to be provided to the city of Clovis animal control department:

1. The name and address of the buyer.

2. The address of the location where the dog or cat will reside, if not the same as the buyer’s residence.

3. The breed, sex and approximate-age of the animal.

4. A description, including principal colors.

6.12.030 – Permit applications.

This section applies to applicants required to obtain a permit under Section 6.12.020.

A. Individuals who are required to obtain a permit shall file on forms provided by the city. The application shall require information sufficient to assure that the applicant has knowledge and facilities adequate to care for the animals in a manner that protects the public and the animals.

6.12.040 – Permit approval.

This section applies to applicants required to obtain a permit under Section 6.12.020.

A. Upon receipt of an application for a permit, within seven business days, the animal control department shall review the application and inspect the premises in accordance with policies established by the animal control department.

B. Upon completion of the required inspections for a permit, the animal control department shall approve, conditionally approve, or deny the permit application and shall notify the applicant in writing of the decision. The animal control department shall approve an application only if it determines that:

1. The standards established by the ordinance codified in this chapter and other applicable laws and regulations have been met;

2. The issuance of the permit will not result in activity which presents a danger to the public health, safety or welfare.

C. If an applicant wishes to appeal the animal control department’s decision regarding a permit application, the applicant may request a hearing with the city manager. A written request for hearing must be filed at with the city manager’s office within five business days of receipt of the decision. A hearing regarding the decision will be scheduled by the city manager within five business days of receipt of request for hearing from applicant.

D. Notices given pursuant to this section shall be deemed served when delivered in person to the applicant or date of receipt by certified mail to the last known address of the applicant.

6.12.050 – Permit requirements—Expiration—Renewals.

This section applies to applicants required to obtain a permit under Section 6.12.020.

A. No permit is transferable from one person, business or place to another person, business or place.

B. A valid permit shall be posted in a conspicuous place at each permitted premises.

C. The permit holder shall notify the city of any changes in operation which may affect the status of the permit and shall keep the animal control department informed of all changes in name, location, address, and contact information for the site and activities covered by the permit.

D. Both the person in charge of the permitted premises and the owner of the permitted premises shall be responsible for complying with this chapter.

E. At each permitted premises a current record shall be kept which describes all animals owned, purchased or received, and the final disposition of each animal.

F. The permit shall renew on January 1st of each year.

6.12.060 – Access to permitted premises.

This section applies to applicants required to obtain a permit under Section 6.12.020.

A. Upon presentation of proper identification, and at any reasonable time, an officer of the animal control department shall be allowed to enter any permitted premises for the purpose of making inspections to determine compliance with the ordinance codified in this chapter. The person in charge of the permitted premises shall be allowed to accompany the animal control officer on the inspection. The animal control department shall be allowed to examine all records pertinent to the origin and care of any animals located at, or emanating from, any permitted premises.

B. Whenever the animal control department officer inspects a permitted premises, the officer shall prepare a written inspection report which shall state whether or not the permitted premises is in compliance with or in violation of the requirements of this chapter; if the premises is found not to be in compliance, the report shall specify the nature of the noncompliance. The officer and the person in charge of the permitted premises shall sign the inspection report. A copy of the inspection report shall be furnished to the person in charge.

6.12.070 – Suspensions, revocations of permits.

A. When the city animal control division discovers that a permitted premises is in violation of the ordinance codified in this chapter; notice of the violation shall be given 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 the ordinance codified in this chapter may result in immediate suspension or revocation of the permit;

4. State that an opportunity for appeal from the notice or inspection findings will be provided if a written request for a hearing is filed with the animal control department 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. Suspension may be lifted when the animal control department 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. The permit shall be surrendered to the city upon suspension or revocation.

1. The person whose permit has been revoked may not re-apply for an animal permit of any kind for a period of one year from the date of revocation.

2. A person whose permit has been suspended may apply for an inspection of the premises for the purposes of reinstating the permit by filing an additional application for a permit at the animal control center on the form required by the city. Within five working days after the center receives the application, there shall be an inspection. If the applicant and the site are in compliance with the requirements of this chapter and other applicable laws, regulations, and ordinances, the permit shall be reinstated. The reinstated permit shall expire on the date of expiration of the previously suspended permit.

6.12.080 – Appeal procedures for permits.

A. A person whose application for a permit or permit renewal has been approved on condition or denied or a permit holder whose permit has been suspended or revoked may submit a written request for a hearing, provided that the written request is received at the animal control center within five days of the applicant’s receipt of the written notice from the center. The hearing shall be conducted within a reasonable time after the center receives the request for a hearing.

B. Hearings shall be conducted by the city manager or his designee at a time and place designated by the city and shall be recorded. All witness testimony shall be sworn or affirmed. Written notice of the time, and place of the hearing shall be mailed to the applicant.

C. The applicant shall be afforded a 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 city that are relevant to the hearing.

2. The right to be represented by counsel or other person chosen as his/her representative;

3. The right to present evidence and arguments in support of the appeal, to controvert evidence relied on by the city, and to confront and examine and cross-examine all witnesses on whose testimony or information the city relies;

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

D. The hearing officer may render a decision without proceeding with the hearing if the hearing officer determines that the issue has been previously decided in another proceeding which provided due process. If the applicant fails to appear at a scheduled hearing, the hearing officer may postpone the hearing for a period of no more than five business days or may determine that the applicant has waived his right to a hearing.

E. At the hearing, the applicant shall first show an entitlement to the relief sought, and the animal control center manager or representative shall then justify his/her act or failure to act. The hearing shall be conducted informally, but all persons present shall be orderly. Failure to comply with the directions of the hearing officer to obtain order may result in exclusion from the proceedings, or other appropriate action. Oral or documentary evidence pertinent to the facts and issues raised by the appeal may be received without regard to admissibility under the rules of evidence applicable to judicial proceedings.

F. The hearing shall be recorded by audio method, but need not be transcribed unless a written transcript is requested, in which case the cost of transcription shall be borne by the party requesting transcription. If one party prefers to have the hearing transcribed by a court reporter, that party shall pay all directly related costs, and the party requesting transcription shall pay the costs of transcription.

G. 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. The decision of the hearing officer is final and binding on all parties.

6.12.110 – Requirements.

A. An owner who intentionally or unintentionally breeds a dog or cat and who does not have a current business registration listed in Section 6.12.020 shall obtain a business registration. A female dog or cat shall have no more than one litter and each household shall be limited to no more than two litters in any calendar year. The owner will be in violation of this section if the owner is found to have had a female dog or cat with more than one litter or more than two litters in the household in a calendar year.

B. Every dog or cat offered for sale in Chapter 6.12 must be examined by a veterinarian and be deemed healthy. Veterinarian will provide a health certificate confirming health for each animal for sale.

C. The owner shall not advertise, barter for, sell, or give away any dog or cat unless the applicable business registration or litter permit is displayed. The owner shall furnish the business registration or litter permit to any potential recipient upon request. Failure to list business registration or litter permit or advertising without obtaining a business registration or litter permit is a violation of this section.

D. Owners will only barter, sell, give away or otherwise transfer or convey puppies or kittens from the applicant’s address as listed on the business registration or litter permit. Owner is in violation of this section if dogs or cats are being bartered for, sold, given away, transferred or conveyed on any other property other than applicant’s address, even with the property owner’s permission.

E. Every dog or cat offered for sale, bartered, given away, adopted or otherwise transferred or conveyed will have been given age appropriate rabies and distemper/parvo vaccinations by a veterinarian. A certificate providing the name of the veterinarian and the date of the last rabies vaccination must be provided to the recipient at the time of transfer.

F. No dog or cat will be transported by a permit holder unless housed in a container designed for that purpose including provisions for adequate ventilation and food and water.

6.24.045 – Sterilization.

Every dog and cat adopted from the city animal control shelter shall be spayed or neutered by a licensed veterinarian at the expense of the adopting party. An administrative fee shall be paid to the veterinarian conducting the sterilization by the city of Clovis. In addition to any other lawful fees due, any person reclaiming, adopting, or buying a dog or cat from the city shall pay a sterilization fee as set from time to time by resolution of the Clovis city commission, unless exempted as stated in Section 6.30.040. An owner reclaiming its own animal is relieved from the obligations of this section upon execution of a sworn statement establishing the owner as exempt for sterilization pursuant to Section 6.24.045.

6.24.046 – Sterilization—Exemption.

The following qualify as exemptions from sterilization:

A. Animals incapable of breeding if a licensed veterinarian has so certified, in writing.

B. Animals medically unsuited to undergo a spay or neuter procedure with a licensed veterinarian certifying, in writing, that a spay or neuter procedure would likely cause the animal’s death or substantially aggravate a physical condition of the animal. The certification shall indicate the medical basis thereto and whether the unsuitability is permanent or temporary. If temporary, the certificate shall indicate the period of time anticipated that the unsuitability will last. For an exemption to apply beyond that period, a new certificate must be obtained.

C. Rescue groups engaged in an agreement with the city of Clovis for the adoption of certain unwanted or unclaimed animals from the city of Clovis animal control facility.