Otero County, New Mexico

§ 105-7 Owner’s duties.

B. Sterilization.

(1) Sterilization is required for dogs and cats over the age of six months unless an owner obtains an intact permit or medical waiver.

(2) 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 obtain an intact animal permit.

C. Sterilization agreement and deposit required. A sterilization agreement and sterilization deposit are required.

(1) No animal shall be released from an animal shelter to an adopting person unless a sterilization agreement has been signed and sterilization deposit has been paid.

(2) In addition to any adoption fee charged, a sterilization deposit shall be imposed on the adoption of each unsterilized companion animal from an animal shelter in an amount adopted by resolution by the Board of County Commissioners each year.

(3) Companion animals less than six months of age shall be released only upon payment of the adoption fee and a sterilization deposit, if the companion animal is not sterilized, and after the adopting person has signed an agreement stating he will have the adopted animal sterilized when it is no older than six months of age.

(4) Adult unsterilized animals over the age of six months shall be released only upon payment of the adoption fee and a sterilization deposit and after the adopting person has signed an agreement stating they will have the animal sterilized within 30 days of the date of adoption.

(5) The sterilization deposit shall be reimbursed only upon presentation of a receipt from a veterinarian that the adopted animal has been sterilized.

(6) An unsterilized animal reclaimed by its owner shall be released without being sterilized upon payment of 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 or its equivalent. The sterilization deposit shall be reimbursed upon presentation by the owner of a receipt from a veterinarian that the animal has been sterilized. These fees shall be adopted by resolution by the Board of County Commissioners each year.

§ 105-10 Permits, agreements and fees required.

A. Permits.

(1) Intact animal permits allow for a responsible person to keep an animal intact for a period of one year from issue date.

(2) Animal services permits will be automatically revoked and the domestic animal will be required to be altered. If an intact animal is impounded a second time and must therefore be altered, the permit holder shall pay Otero County Animal Shelter to alter the domestic animal.

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C. Medical waiver certificate.

(1) If alteration of a domestic animal would endanger the health of the domestic animal due to age or illness, a veterinarian may complete a medical waiver certificate stating the reasons why the domestic animal should not be altered and when the animal can be well enough to be sterilized.

(2) The medical waiver certificate must include a description of the domestic animal, including the permanent identification number.

D. Agreements. The animal shelter shall not release any impounded domestic animal for reclaim, adoption, transfer, return or rescue unless the owner or responsible person signs a reclaim, adoption and rescue agreement, the form of which shall be titled “Appendix A” and shall be adopted by the Board of County Commissioners of Otero County in a resolution separate from this article. In accordance with § 105-7A, B and C of this article, the reclaim/adoption/rescue agreement shall:

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(2) Obligate the reclaiming/adopting/rescuing person to have a domestic animal older than six months of age sterilized within 30 days of the date of reclaim/adoption/rescue or obtain an intact permit.