Roswell, New Mexico

Sec. 4-51. – Keeping of dogs and cats.

(a) Up to five dogs or cats, or any combination thereof, may be kept on any premises or in any dwelling unit within the city, subject to the following conditions, in addition to the care and maintenance requirements of this chapter:

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(2) Except in the case of appropriately permitted breeders, each animal kept shall be altered prior to six months of age;

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(d) Provided that nothing in this sub-section permits breeding of an animal without the appropriate permit, any cat or dog kept hereunder may be exempted from the requirement of being altered and the responsible party for the animal shall not be required to obtain a breeder’s permit to kept the animal if:

(1) It is certified in writing by a veterinarian that the procedure would constitute a danger to the health and wellbeing of the animal;

(2) The dog is registered as purebred by the United Kennel Club or the American Kennel Club, and such paperwork has been provided to animal services;

(3) The responsible party has applied, paid for and obtained an alteration exemption from animal services.

a. Alteration exemptions may be granted at the discretion of animal services based upon a showing of necessity and shall be revoked upon a determination that the responsible party has bred the animal without obtaining a litter or breeder’s permit or has permitted the animal to run at large.

Sec. 4-57. – Breeding prohibited without a permit.

(a) Except as otherwise provided for herein, it is unlawful to keep, maintain or harbor unaltered dogs or cats, or to breed such animals, within the city without a breeder’s permit issued by animal services. Animal services may condition issuance of a breeder’s permit upon membership, accreditation or other recognition of the responsible party by an appropriate nationally recognized breeder’s club or organization. Animal services shall not issue such a permit hereunder except upon a showing that the responsible party is in compliance with all other requirements hereunder for keeping of dogs and cats. Every responsible party holding a breeder’s permit shall be subject to inspection by animal services, upon reasonable notice.

(b) A responsible party who unintentionally breeds a dog or cat and who does not have a current breeder permit shall obtain a litter permit for any such resulting litter, subject to the following:

(1) Except in the case of fosters, no person shall be issued more than one litter permit per year;

(2) A litter permit is valid for six months from date of issue and must be obtained no later than one week after the birth of the litter;

(3) An individual who fosters or takes ownership of a dog or cat which is already pregnant shall also be required to acquire a litter permit, but may be exempted from the payment of any associated fees if such individual is not otherwise responsible for the animal breeding;

(4) A responsible party who has obtained a litter permit shall be exempt from the requirement of a multiple dog and cat permit and the maximum animal limitation, with regard to the resulting litter, for the duration of the permit;

(5) The responsible party shall be permitted to sell, barter or give away the kittens or puppies of the litter covered by the permit only, without the necessity of obtaining a seller’s permit, provided the applicable litter permit number is displayed legibly in all advertisements and furnished upon demand by any potential recipient.

(c) Every holder of a breeder’s or litter permit shall be responsible for registering, microchipping, inoculating, and, when age-appropriate, altering, each and every pup or kitten birthed pursuant to the permit.

Sec. 4-74. – Reclamation.

(c) No animal shall be returned to the responsible party if animal services determines that the animal is not kept in compliance with the requirements of this chapter, including, as appropriate, having the animal altered, microchipped, and vaccinated. Animal services shall have the right but not the obligation to alter, microchip and/or vaccinate, as appropriate, any animal before releasing it back to the responsible party and the responsible party shall be required to pay all applicable fees for such services.

(1) An animal required to by altered under this chapter that is not altered by animal services prior to release to the responsible party shall be delivered to a licensed veterinarian designated by the responsible party for alteration and the responsible party shall be responsible for pickup of the animal upon release from the veterinarian. Any additional fees assessed by the veterinarian shall be paid by the reclaiming party.

Sec. 4-75. – Adoption.

(a) Any animal which has not been reclaimed by the responsible party within four days of its impoundment or release from court supervision may be adopted by another person or a charitable rescue organization certified with the city, upon satisfaction of all requirements for keeping, including microchipping, altering, and inoculating the animal, as well as payment of any applicable adoption fees. Animal services may, but is not required, to provide vaccination and alteration services by a licensed veterinarian at the animal control facility prior to adoption, at the adopting party’s expense. In the event that animal services does not so provide, it will deliver the animal to a licensed veterinarian, designated by the adopting party, for alteration and the adopting party shall be responsible for pickup of the animal upon release by the veterinarian. Any additional fees assessed by the veterinarian shall be paid by the adopting party.

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(c) No person shall adopt an animal, or knowingly allow an animal to be adopted for the purpose of research, experimentation, breeding without a permit or fighting. No person shall adopt an animal from Roswell Animal Services for the purpose of selling or auctioning the animal to another party except as otherwise permitted hereunder.