Luna County, New Mexico

§ 92.002 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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BREEDER. Any licensed or permitted person or organization established for the purpose of breeding female dogs or cats to produce offspring with the intent to sell, gift, or otherwise transfer ownership of the offspring. All animals older than six months of age must have intact animal licenses. Breeding, for the purposes of sale to commercial outlets or for the purpose of research, testing, or laboratory experiments, is not permitted. BREEDER does not include owners with fewer than eight animals with one or more permitted intact animals and with no more than two litters of animals in any calendar year for the location.

BREEDING FACILITY. A permitted or licensed facility that exists for profit and where animals are bred for sale to third parties. All animals older than six months must have intact animal licenses.

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KENNEL. An establishment operated by a person or entity for profit where dogs or cats are temporarily housed or boarded, kept, or maintained for grooming, breeding, boarding, training, or selling to individuals regardless of whether it is operated by a person or person(s), or entity . The sale or transfer of animals to commercial outlets or for the purposes of research, testing, or laboratory experimentation is prohibited.

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PET MILL. A facility or person excluded from the definition of a breeder, and not licensed or required to be licensed as a breeding facility, that has any animals without intact animal permits or that has intact animal permits but where more than two litters of animals are produced in any calendar year. Such facilities are prohibited and such facilities that are operated for the purpose of breeding animals for compensation, or profit that emphasizes profit or gain over animal welfare, will be subject to prosecution. Such facilities are generally of substandard animal welfare conditions and where animals are often afflicted by infectious diseases, such as parvo and distemper. Substandard conditions include, but are not limited to, overbreeding, inbreeding, minimal or no veterinary care, poor quality or insufficient food or shelter, lack of socialization with humans and/or other animals, overcrowding, makeshift cages, and frequent death or euthanasia of animals. Such substandard conditions are intended to be addressed through regulatory enforcement.

§ 92.016 STERILIZATION; AGREEMENT, DEPOSIT.

(A)       (1)   Sterilization and neutering is required for dogs and cats over the age of six months unless an annual intact animal permit is purchased or a need based waiver is granted for each animal.

(2)   Unless granted a need based waiver, every dog or cat reclaimed, adopted, or rescued from the County Animal Control Shelter shall be spayed or neutered by a licensed veterinarian at the expense of the responsible party or the owner must obtain an intact animal permit and have the intact animal microchipped within 30 days’ of the date of reclaim/adoption/rescue.

(3)       (a)   In addition to any other lawful fees due, any person reclaiming or adopting a dog or cat from the County Shelter shall pay a sterilization deposit. Fees for licenses, permits, and as required pursuant to this chapter shall be established and adopted annually through resolution by the Board of County Commissioners.

(b)   Absent an intact animal permit, reclaimed animals shall not be released until sterilization has been administered unless allowed otherwise herein.

(B)       (1)   Pursuant to NMSA § 77-1-20, a sterilization deposit is required by any person reclaiming or adopting an animal from the County Animal Shelter.

(2)   No animal shall be released from an animal shelter to an adopting person unless a sterilization has been administered after payment of the sterilization deposit, as provided herein.

(3)   Adoption fees will be reduced by 10% for those choosing to voluntarily use a microchip implant on their animals.

(4)   Animals less than six months of age shall be released only upon payment of the adoption fee and sterilization fee, and after the adopting person has signed an agreement stating he or she will have the adopted animal sterilized when it is not older than six months of age.

(5)   Adult animals over the age of six months shall be released only after payment of the adoption fee and a sterilization deposit, and sterilization has been administered.

(6)   An unsterilized (intact) animal reclaimed by its owner shall only be released without being sterilized upon payment of an intact animal permit and other impoundment fees imposed by the shelter; or sterilization pursuant to this chapter and payment of other impoundment fees imposed by the shelter.

§ 92.075 PERMITS.

(G)       (1)   Breeding facility permits allow any licensed or permitted person, or non-profit organization recognized as an animal humane organization, or member thereof, to house up to eight female dogs and eight female cats for the purpose of breeding and producing offspring with the intent to sell, gift, or otherwise transfer ownership to third parties. All facilities operated as breeding facilities must be registered and permitted annually and inspected at least quarterly. Additionally, all litters must be reported within 72 hours and inspected within eight weeks. Breeding facilities and breeders may not operate as an animal rescue, animal shelter, animal sanctuary, or refuge, kennel, or other multiple animal facility.

(2)   Intact animal permits allow for a responsible person to keep an animal intact for the calendar year in which the permit is issued. Intact animal permits must be registered and permitted annually.

§ 92.076 AGREEMENTS.

The County Animal Shelter shall not release any domestic animal for reclaim, adoption, or rescue unless the owner or responsible person signs a reclaim, adoption, and rescue agreement, the form of which shall be approved by the County Manager, or his or her designee. At a minimum, the agreement shall:

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(B)   Obligate the reclaiming/adopting/rescuing person to have a domestic animal older than six months of age sterilized, or that person obtain an intact animal permit for the animal and have the intact animal microchipped within 30 days of the date of reclaim/adoption/rescue;