Portales, New Mexico

Sec. 7-19. – Commercial permits.

A fifty dollar ($50.00) fee will be required annually of individuals boarding, raising, or selling dogs or cats for profit whether in a residence or commercial building. Owners must also comply with all zoning laws and city business license laws. Veterinary hospitals are exempt from this section.

Sec. 7-20. – Inspections.

Any individual applying for a domestic livestock, residential multi-animal, or commercial permit must, as a condition of obtaining said permit, submit to an inspection of the property where the animals will be kept. This inspection shall be performed by the animal control officer and/or any other city official. Animal control and/or any other city official reserve the right to re-inspect said property for the duration of the permit, if reasonable suspicion is present that a violation of this chapter is occurring. Failure to comply with said inspection will result in the revocation of the permit.

Any inspection will take into consideration:

(1) The amount of land available;

(2) Type and number of livestock and/or animals;

(3) Availability and condition of enclosures or shelter;

(4) Availability of food and water;

(5) Sanitary conditions;

(6) Neighborhood input.

A permit may also be revoked if the owner of the animals is convicted of a violation of this chapter. If the permit is revoked the owner is not eligible for a refund of the permit fee.

Any person who fails to obtain a domestic livestock, residential multi-animal, or commercial permit, or who has said permit revoked must comply with all sections of this chapter. Failure to do so is a violation of this chapter.

In addition to any sentence imposed by municipal court, animal control officers may petition the court for an order to seize any animals in excess of the limit imposed by this chapter.

Anyone being denied a domestic livestock, residential multi-animal or commercial permit or has had such permit revoked shall have the right to appeal such decision. All appeals must be requested in writing within five (5) business days of the denial or revocation. The appeal will be held before the public safety committee of the city who will make a recommendation to the city council. If the permit is denied based upon zoning, then the applicant must also obtain a variance or zoning change from the city planning and zoning committee and the city council.

Sec. 7-39. – Pet sterilization.

(a) Definitions. As used in this section, the following terms mean:

(1) Sterilization means rendering a dog or cat unable to reproduce, either by the spaying of a female animal or by the neutering of a male dog or cat; and

(2) Sterilization deposit means that portion of the adoption fee charged by the animal shelter when a person adopts an unsterilized dog or cat; the “sterilization deposit” is refunded when the dog or cat is sterilized.

(b) Sterilization agreement and sterilization deposit required.

(1) No dog or cat shall be released from an animal shelter to an adopting person unless a sterilization agreement has been signed and a sterilization deposit of thirty dollars ($30.00) has been paid.

(2) Dogs or cats less than six (6) months of age shall be released only upon payment of the adoption fee and a sterilization deposit and after the adopting person has signed an agreement stating he will have the adopted dog or cat sterilized when it is no older than six (6) months of age.

(3) Adult dog or cat over the age of six (6) 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 he will have the dog or cat sterilized within thirty (30) days of the date of the adoption.

(4) The sterilization deposit shall be reimbursed only upon presentation of a receipt from a veterinarian that the adopted dog or cat has been sterilized.

(5) An unsterilized dog or cat reclaimed by its owner shall be released without being sterilized upon payment of the sterilization deposit and impound fees imposed by the shelter, and the owner shall have signed an agreement stating he will sterilize the dog or cat within thirty (30) days after release or will obtain a commercial permit or its equivalent as required by city ordinance. The sterilization deposit shall be reimbursed upon presentation by the owner of a receipt from a veterinarian that the dog or cat has been sterilized.