Spay/Neuter Law in Rio Rancho, New Mexico

90.19 DOG AND CAT SPAY AND NEUTER REQUIREMENTS; INTACT ANIMAL PERMIT; DOG AND CAT LICENSES; TAGS.

(A) Spay and neuter requirements for cats. No person or animal organization may keep, harbor or maintain within the city limits any cat over five months of age that has not been sterilized (commonly known as spayed or neutered) unless the owner has obtained an intact animal permit. The intact animal permit may be issued with the following conditions:

(1) Medical exemption. The owner provides a signed statement from a licensed veterinarian, stating that the cat is medically unsuited to undergo the sterilization procedure, stating the specific medical grounds for the exemption. If the veterinarian’s statement establishes such medical condition is likely to be chronic or permanent, the medical exemption shall be a permanent exemption, but may be revoked upon evidence the cat has been bred since the date of the veterinarian’s statement, whether intentionally or unintentionally. All costs associated with acquiring the veterinarian’s statement of justification for the medical exemption shall be the responsibility of the cat’s owner.

(2) Temporary medical exemption. When a temporary medical condition contraindicates sterilization, the owner shall provide a signed statement from a licensed veterinarian, stating the expected date as to when the sterilization may be safely performed, which date shall be the expiration date of the temporary medical exemption. After the period of the temporary medical exemption, sterilization shall be required unless a licensed veterinarian provides another temporary medical exemption and prognosis of when the surgery may be performed. All costs associated with acquiring the veterinarian’s statement of justification for a temporary medical exemption shall be the responsibility of the cat’s owner.

(3) Competition/show exemption. A cat may be exempted from the sterilization requirement if it is a competition/show animal. A competition cat is a cat which is used to show or to compete in contests recognized and registered by an approved breed registry, such as the Cat Fanciers’ Association. Recognition of a breed registry is at the sole discretion of RRARC. In order for a cat to qualify for an exemption as a competition/show cat, the cat’s owner must also demonstrate satisfaction of at least one of the following requirements:

(a) The cat has competed in at least one show or competition sanctioned by the national registry or approved by RRARC within the last year.

(b) The owner of the cat is a member of a purebred breed club recognized by RRARC, which maintains and enforces a code of ethics for breeding that includes restrictions on breeding animals with genetic defects and other veterinary problems that commonly threaten the breed.

(c) An owner with an intact animal permit shall not allow any breeding of the cat prior to obtaining a conditional use permit from the Planning and Zoning Board for the purpose of obtaining a hobby breeder permit. If the cat is bred prior to its owner obtaining a hobby breeder permit, the owner may be cited.

(B) Spay and neuter requirements for dogs. No person or animal organization may keep, harbor or maintain within the city limits any dog over six months of age that has not been sterilized (commonly known as spayed or neutered) unless the owner has obtained an intact animal permit.

The intact animal permit may be issued with the following conditions:

(1) Medical exemption. The owner provides a signed statement from a licensed veterinarian, stating that the dog is medically unsuited to undergo the sterilization procedure, stating the specific medical grounds for the exemption. If the veterinarian’s statement establishes such medical condition is likely to be chronic or permanent, the medical exemption shall be a permanent exemption, but may be revoked upon evidence the dog has been bred since the date of the veterinarian’s statement, whether intentionally or unintentionally. All costs associated with acquiring the veterinarian’s statement of justification for the medical exemption shall be the responsibility of the dog’s owner.

(3) Competition/show exemption. A dog may be exempted from the sterilization requirement if it is a competition/show animal. A competition dog is a dog which is used to show or to compete in contests recognized and registered by an approved breed registry, such as the American Kennel Club (AKC), United Kennel Club (UKC), or American Dog Breeders Association (ADBA). Recognition of a breed registry is at the sole discretion of RRARC. In order for a dog to qualify for an exemption as a competition/show dog, the dog’s owner must also demonstrate satisfaction of at least one of the following requirements:

(a) The dog has competed in at least one show or competition sanctioned by the national registry or approved by RRARC within the last year.

(b) The owner of the dog is a member of a purebred breed club recognized by RRARC, which maintains and enforces a code of ethics for breeding that includes restrictions on breeding animals with genetic defects and other veterinary problems that commonly threaten the breed.

(c) An owner with an intact animal permit shall not allow any breeding of the dog prior to obtaining a conditional use permit from the Planning and Zoning Board for the purpose of obtaining a hobby breeder permit. If the dog is bred prior to its owner obtaining a hobby breeder permit, the owner may be cited.

(4) Function-bred exemption. Function-bred means any dog bred for a specific purpose and used by the breeder for a specific purpose such as hunting, herding, coursing, agility, retrieving, scent tracking, or pointing. These dogs may be of the sporting breeds or function-bred dog either of a registered pedigreed lineage or crossbred with a nonregistered pedigreed lineage for which the animal is bred specifically for its stated sport or functional purpose including but not limited to coursing hounds, sporting dogs, search and rescue dogs, sled dogs and scent hounds. In addition, one of the following requirements must be met:

(a) The dog owner must be able to produce a pedigree showing the dog’s lineage for at least five years.

(b) The dog owner must be able to produce photographic evidence of participation in the activity for which the dog is bred.

(c) The dog owner must produce other evidence as required by RRARC on a case-by-case basis. This evidence may include but is not limited to the possession of the proper equipment used for the work or sport the dog is bred for.

90.20 NUMBER OF ANIMALS PERMITTED.

(B) Any owner who intentionally or unintentionally breeds dogs, cats, guinea pigs, chinchillas, sugar gliders or rabbits and who does not have a current hobby breeder’s permit shall be cited by the RRARC and shall be subject to a fine of $100 for each litter. Any future breeding of that animal or any animal will require a hobby breeder’s permit. Owners of dogs and cats who intend to breed must be in compliance with Section 90.19 to be eligible to apply for a hobby breeder permit.

90.46 STRAYS; NOTICE REQUIRED.

(C) (1) If any stray is wearing a license, has a microchip or bears other identification as defined in Section 90.02, the animal shall be confined at an appropriate animal center, pending notification of owner or authorized agent, for a period of seven days. The day the stray animal is impounded constitutes day zero. Upon notification, an owner must redeem the animal within 24 hours. Failure to redeem the animal shall result in impound fees in addition to any other costs, unless the owner’s failure to pick up the animal is due to circumstances beyond the owner’s control. Impound fees and other costs may be charged to the owner whether or not the animal is claimed. Failure to redeem the animal within seven days of impound shall be deemed as abandonment of the animal and disposition of the animal may be made in accordance with Section 90.48. Additionally, the owner of the animal may be cited for abandonment at the discretion of an RRARC Agent.

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(3) In the case of a stray that is not sterilized, the owner shall:

(a) Pay a deposit of $175. Such deposit shall be returned if the owner sterilizes the animal within 30 days and provides proof thereof to the city; or

(b) Pay for an intact animal permit if the conditions of Section 90.19(A) or (B) are met; or

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(D) An owner redeeming an unaltered dog or cat shall:

(1) Pay the sterilization deposit and impoundment fees imposed by RRARC and sign an agreement stating that the owner shall have the animal sterilized by a veterinarian within 30 days after release. (The sterilization deposit shall be refunded upon presentation by the owner of a receipt from a veterinarian and shall not be refunded if not complied with by date given and is a citable offense); or

(2) Purchase an intact animal permit. When a dog or cat which has not been spayed or neutered is taken into custody by RRARC, it shall require, as a condition to release the dog or cat to its owner, that the owner, in addition to payment of applicable impound fees and intact animal license, obtain an intact animal permit if it qualifies with requirements specified in Section 90.19. Dogs or cats for which an intact animal permit has been issued are subject to the following conditions:

(a) The dog/cat must have a current rabies vaccination administered by a licensed veterinarian.

(b) The dog/cat must be restrained properly and have no more than one violation of Section 90.18(B) within a year of the issuance of an intact animal permit.

1. If the dog/cat is taken into custody by the RRARC at any time after the expiration of one year from date of issuance of the intact animal permit, and the owner has not been previously cited for violation of Section 90.18(B) within that one-year period, the owner will be required to purchase another intact animal permit.

2. If the dog/cat is found to be in violation of Section 90.18(B) within one year from date of issuance of the intact animal permit, the owner will be required to submit a completed application for a hobby breeder’s permit to the Planning and Zoning Board within seven working days or have the pet sterilized within seven

working days.

(c) The owner of the dog or cat shall not allow any breeding of the dog or cat prior to obtaining a conditional use permit packet from the Planning and Zoning Board for the purpose of obtaining a hobby breeder’s permit.

90.49 ADOPTION OF ANIMALS.

(A) All dogs or cats adopted out of the RRARC will be sterilized, microchipped, and vaccinated prior to release from the facility. The cost is included in the adoption fee. Monies collected from the spay/neuter program shall be placed into the Spay/Neuter Fund, which shall be a permanent, self-sustaining fund, which shall be used to reimburse city contracted veterinarians. The City Manager or her/his designee may authorize the adoption of an animal at a reduced rate under special programs, such as a “Seniors for Seniors Program.” The cost of the adoption may be waived partially or in full, or may be paid for using a grant or award program drawn from the RRARC Donation Fund or similar fund. Nothing in this section shall preclude the RRARC from entering into arrangements with animal rescue groups that provide for spaying/neutering at their cost.

(B) The adopting party must pay a nonrefundable fee on a dog or cat that is to be adopted with the RRARC. The RRARC will have that animal spayed or neutered. The fee will include all necessary vaccinations, or any other services such as microchipping and license. Those fees shall be paid at the time the animal is adopted.

(1) The RRARC may make arrangements to have all or part of the cost of operations deposited with the city into the Spay/Neuter Fund.

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