Santa Fe, New Mexico

5-2 – DEFINITIONS.

As used in this chapter:

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Breeder means any person involved in controlled breeding of animals except those complying with subsection 5-9.5 SFCC 1987 for litter fees. Breeders are subject to the professional animal care permit requirements set forth in subsection 5-6.2 SFCC 1987.

5-6.2 – Professional animal care permits required; general provisions.

A. Breeders and persons operating kennels, grooming parlors, pet shops, animal training, dog walking service, pet sitting service, circus acts or shelters shall obtain a professional animal care permit from the administrator. It shall be unlawful to operate such a business without a current valid professional animal care permit. A current city business license shall be presented at the time of application for a professional animal care permit.

B. When a permit is applied for, an inspection of the breeders location or the kennel, grooming parlor, pet shop animal training, dog walking service, pet sitting service, circus acts or shelter shall be conducted by the administrator to determine compliance with this chapter. If inspection reveals that the operation complies with the law and regulations, a professional animal care permit will be issued. The permit is only valid for the approved operation. Permittees who keep animals confined, shall, at the option of the permittee, be exempt from the animal license requirements of this chapter and will not be issued any license tags unless the required animal license fee is paid.

C. A permit is issued to a person for use at a single location. A valid permit shall be posted in a conspicuous place in every kennel, grooming parlor, pet shop, animal training, dog walking service, pet sitting service, shelter, or breeder’s business location.

D. A breeder shall not advertise, sell, barter, exchange or give away any dog or cat within the municipal boundaries unless the professional animal care permit fee is paid. Any advertisement for the sale, barter, exchange or give away shall include the permit fee receipt number. A breeder shall furnish the permit fee receipt number to any prospective recipient requesting the number.

E. A permit holder shall notify the administrator of any change in their operations which may affect the status of their permit and shall keep the administrator informed of any change in name or location of their business.

F. Breeders or persons in charge of a kennel, grooming parlor, pet shop, animal training, dog walking service, pet sitting service, circus acts or shelter shall be responsible for complying with this chapter. There shall be kept at each kennel, grooming parlor, pet shop, shelter, or breeder’s location a record of all animals received and of their final disposition.

G. The professional animal care permit shall expire December 31 of each calendar year, and shall be renewed by February 1 of the following year. Professional animal care fees shall be established by the administrator and approved by the governing body of the city.

H. Any individual, breeder or business that provides animals for sale or adoption shall purchase and display a professional animal care permit issued by the administrator. Any individual, breeder or business that is discovered representing another entity’s animals as their own shall be in violation of this Chapter and shall be cited and may be required to forfeit their current professional care permit, except that individuals may purchase a litter permit in accordance with subsection 5-9.5.

5-6.3 – Specifications and maintenance of facilities.

A. Animal housing facilities shall be constructed of nontoxic materials and in a structurally sound design. Interior floors shall be smooth, easily cleanable construction and impervious to water. The facility shall be kept in good repair and kept clean and sanitary at all times, so as to protect the animals from disease and injury.

B. Animals maintained in pens, cages or runs for periods exceeding twenty-four (24) hours, shall be provided with adequate space to prevent overcrowding and to maintain normal exercise, according to species.

C. Indoor housing shall be provided for in all pet shops, grooming parlors, shelters and commercial kennels. These facilities shall be sufficiently temperature-controlled and ventilated to provide for the animal’s comfort and health.

D. Sufficient lighting shall be provided by either artificial or natural means.

E. Outside housing shall be sufficient to protect animals from sunlight, rain, snow or cold weather that may be detrimental to the animals’ health.

F. Provisions shall be made for the removal and proper disposal of animal and food waste, bedding, dead animals and debris.

G. Adult animals shall be segregated by sex, except where otherwise indicated for health, welfare or breeding purposes and any vicious or quarantined animals shall be removed and caged by themselves.

H. Animals shall be provided with clean, fresh, sufficient and wholesome food and water. Food and water containers shall be kept clean.

I. Each animal shall be observed daily by the animal caretaker in charge or his representative. Sick, diseased, injured, lame or blind animals shall be provided with proper veterinary care. Any person operating or employed at a kennel, grooming parlor, pet shop or shelter who observes an animal which they suspect of being rabid shall at once notify the administrator and the state department of health and environment and segregate such animal for a period of ten (10) days, unless examined and released by written statement of a veterinarian and then only at the discretion of the administrator.

5-6.4 – Inspections; emergency inspectoral searches.

A. Inspections.

(1) Animal services officers shall conduct inspections of any facility or parcel of land to which this section applies.

(2) The animal services officer shall notify the occupants, custodians or owners of the premises, seven (7) days prior to the inspection, of the nature and purpose of the inspection.

(3) The notice required by the preceding subsection may be dispensed with because of the nature of the inspection to be undertaken, the conduct of the occupants, custodians or property owners, other circumstances or there is a reasonable basis for belief that such notice would obstruct, or seriously diminish the utility of the inspection in question.

(4) Upon sufficient showing the consent to an inspectorial search has been refused or is otherwise unobtainable within a reasonable period of time, the officer may make application for an inspection order. Such application shall be made to the municipal or district court judge having jurisdiction over the premises to be inspected.

(5) The application shall be granted and the inspection order issued upon a sufficient showing that inspection of the premises or property, is in accordance with the intent of this chapter, and that the circumstances of the particular inspection for which application is made are otherwise reasonable. The issuing authority shall make and keep a record of the proceeding on the application, and enter thereon their findings in accordance with the requirements of this section.

(6) The officer executing the order shall, if the premises or property in question are unoccupied at the time of execution, be authorized to use such force as is reasonably necessary to gain entry and make the inspection.

(7) The inspection officer conducting the search shall, if authorized by the issuing authority on proper showing, be accompanied by one (1) or more law enforcement officers who are authorized to serve search warrants. The law enforcement officer(s) shall assist the inspection officer in executing the order at their direction.

B. Emergency Inspectorial Searches.

(1) Whenever it reasonably appears to an inspection officer that there may be a condition, arising under the ordinance they are authorized to enforce, and imminently dangerous to health and safety, the detection or correction of which requires immediate access, without prior notice to the premises or property for purposes of inspectorial search and if consent to such search is refused or cannot be promptly obtained, the inspection officer may make an emergency inspectorial search of the premises without an inspection order.

(2) Upon completion of the emergency inspectorial search, the inspection officer shall make prompt report of the circumstances to the municipal judge to whom application for an inspection order would otherwise have been made.

5-6.5 – Permit violations; suspensions and revocations; hearing.

A. Permit Violation. If the animal services officer makes an inspection of a kennel, grooming parlor, pet shop animal training, dog walking service, pet sitting service, circus acts or shelter and discovers a violation of this chapter, they shall notify the permit holder, or operator, of the violation by means of written notice. The notice of violation shall:

(1) Set forth the specific violation found;

(2) Establish a specific and reasonable period of time for the correction of the violation found;

(3) State that failure to comply with any notice may result in a citation and referral to municipal court for prosecution and/or immediate suspension of the permit; and

(4) Be hand delivered to the permit holder or operator or mailed registered mail, return receipt requested to the last known address of the permit holder.

B. Suspension of Permit in an Emergency. If the violation described above has not been corrected within the specific time period and the animal services officer determines that an emergency exists that for the welfare, safety of the animal or the general public requires suspension of a permit, the animal services officer shall notify the permit holder, or operator that the permit shall be suspended. The notification of suspension shall:

(1) Set forth the specific violation found or describe the emergency situation which exists requiring suspension of the permit;

(2) State that the permit is suspended until a hearing in compliance with paragraph E. below is held. The hearing shall be held within five (5) days of the receipt of the notice of suspension;

(3) State that the suspension shall be lifted if the violation or emergency situation is corrected in compliance with this chapter and approved by the animal services center before the hearing; and

(4) State that at the hearing a decision will be made regarding whether the permit shall be reinstated or revoked permanently;

(5) Be hand delivered to the permit holder or operator;

C. Revocation of Permit in an Emergency. If the animal services officer determines that there are serious or repeated violations of this chapter and the animal services officer determines that an emergency exists that for the welfare, safety of the animal or the general public requires suspension of a permit, the officer shall notify the permit holder or operator that the permit is revoked. The notification of revocation shall:

(1) Set forth the specific repeated violations found or describe the emergency situation which exists requiring revocation of the permit;

(2) State that the permit is revoked;

(3) Inform the permit holder that he or she may request a hearing as set forth in paragraph E. below. The hearing shall determine whether the revocation should remain or that the permit should be reinstated. A request for a hearing shall be submitted to the animal services center within ten (10) days of receipt of the notification of revocation; and

(4) Be hand delivered to the permit holder or operator.

D. Suspension or Revocation of Permit not in an Emergency. In situations not deemed to be an emergency described in paragraphs B. and C. above, a hearing as set forth in paragraph E. below shall be conducted prior to suspension or revocation of the permit.

E. Hearing. A hearing required as set forth in paragraphs B., C. and D. above shall be conducted as follows:

(1) The hearing shall be conducted by a hearing officer designated by the city;

(2) Notice of the hearing shall:

(a) State the time, place and nature of the hearing;

(b) State the legal authority and jurisdiction under which the hearing is to be held;

(c) Include a short and plain statement of the matters of fact and law asserted so that all have sufficient notice of the issues involved to afford them reasonable opportunity to prepare; and

(d) Be hand delivered to the permit holder or operator. If the party cannot be located a certified letter shall be sent to their last known address.

(3) All parties shall be allowed to respond and present evidence and argument on all issues involved;

(4) A record of the hearing shall include the following:

(a) All pleadings, motions, and intermediate rulings;

(b) Evidence received or considered;

(c) A statement of matters officially noticed;

(d) Questions and offers of proof, objections and rulings herein;

(e) Findings and conclusions; and

(f) Any decision, opinion or report by the hearing officer.

(5) Findings of fact shall be based exclusively on the evidence presented and on matters officially noticed;

(6) Notice of the final decision shall be in writing and hand delivered to the permit holder or operator or mailed certified mail return receipt requested within five (5) days of the hearing.

F. Decisions made by the hearing officer to revoke a permit shall be final.

5-7.1 – Possession, confinement and impoundment of animals.

G. No animal that has been impounded by the animal services center shall be adopted-out for the purpose of breeding or sale. Every dog and cat adopted from the center shall be neutered by a licensed veterinarian. A fee for the operation shall be paid to the animal services center or its designee by the person purchasing the dog or cat, prior to the release of the animal.

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K. Dogs or cats shall not be released from impoundment unless properly vaccinated and licensed as set forth in subsections 5-5.1 and 5-5.6 SFCC 1987. Dogs and cats shall be spayed or neutered before the animal is released unless the animal is licensed as an unaltered animal; however, upon the third impoundment the animal shall be neutered before it is released. The owner shall be responsible for all costs incurred and shall pay in full before the animal is released.

5-7.15 – Spaying and neutering.

A. No person shall own or harbor within the city municipal boundaries any dog or cat over the age of six (6) months that has not been spayed or neutered unless that person obtains an annual permit from the animal services division to keep an unaltered dog or cat or obtains written verification from a licensed veterinarian that the dog or cat should not be neutered for health reasons.

B. Proof of neutering, if not apparent upon visual inspection, may be made by certificate or receipt from a licensed veterinarian.

C. Proof of unaltered dog or cat permit shall be available upon reasonable demand of an animal services officer or the owner of said animal will be cited for violation of the ordinance and the animal may be impounded.

D. A vasectomy is not an acceptable form of neutering.

5-9.5 – Litter permit required.

The owner who unintentionally breeds dogs or cats and does not have a current professional animal care permit for breeding, as required in subsection 5-6.2 SFCC 1987, shall pay a litter fee for each litter. An owner shall not advertise, sell, barter, exchange or give away any dog or cat within the municipal boundaries unless the litter fee is paid. Any advertisement for the sale, barter, exchange or give away shall include the litter fee receipt number. An owner shall furnish the litter fee receipt number to any prospective recipient requesting the number. If the owner purchases a breeder permit or provides proof of sterilization of the female animal within thirty (30) days of being cited for violation of this section, such charge shall be dropped. If the owner takes all or part of the litter to the Santa Fe animal shelter to surrender, a litter permit shall not be required provided that the animal that produced the litter is neutered.

5-10.3 – Violations, suspensions and revocations under professional animal care permit, the exotic animal permit and the guard dog permit; appeal procedure.

A. If the administrator makes an inspection of a kennel, grooming parlor, pet shop, shelter, facility for exotic animals or commercial property where guard dogs are used, and discovers a violation of law or regulations, they shall notify the permit holder, or operator, of such violations by means of an inspection report form or other written notice. The notice shall:

(1) Set forth the specific violation found;

(2) Establish a specific and reasonable period of time for correction of the violation found;

(3) State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit; and

(4) State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the administrator within five (5) days of the receipt of the notification.

B. Notices provided for under this subsection shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally or mailed by registered or certified mail, return receipt requested, to the permit holder, person in charge, or alleged violator. A copy of such notice shall be filed with the records of the administrator.

C. Hearings provided for in this subsection shall be conducted by the administrator at a time and place designated by them. Based upon the record of such hearing, the administrator shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the administrator. This paragraph shall not be intended to preclude the institution of court action as provided elsewhere in this chapter.

D. Permits may be suspended by the administrator for failure of the holder to comply with the requirements of law or regulations. The administrator may notify a permit holder in writing that the permit or license is, upon receipt of the notice, immediately suspended, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the administrator within five (5) days of receipt.

E. Notwithstanding the notice requirements herein, when the administrator finds unsanitary or other conditions in the operation of a kennel, grooming parlor, pet shop, shelter, exotic animal facility, or site where guard dogs are used, which, in their judgment, constitute a substantial hazard to public health, they may, without notice or opportunity to be heard, issue a written notice to the permit holder or operator citing such condition and stating the corrective action to be taken. If deemed necessary, the permit shall be immediately suspended and all operations immediately discontinued. Any person to whom such an order is issued shall comply forthwith.

F. For repeated violations of any of the requirements of law or regulations or for interference with the administrator in the performance of their duties, the violator’s permits may be permanently revoked after an opportunity for a hearing has been provided by the administrator. The individual whose professional animal, exotic animal or guard dog permit is revoked shall not apply for another permit or license for the period of one (1) year. Prior to such action, the administrator shall notify the permit holder in writing, stating the reasons for which the permit is proposed to be revoked at the end of five (5) days following service of such notice, unless a request for a hearing is filed with the administrator by the permit holder or licensee, within such five (5) day period.

G. If the exotic animal permit is revoked, the owner of the exotic animal shall surrender the animal to the animal services center within five (5) days of the effective date of revocation.

H. Any person whose professional animal or guard dog permit has been suspended, shall cease the previously permitted activity. The person may, at any time, make application for an inspection for the purpose of reinstatement of the permit. Within five (5) days of a request for reinstatement, the administrator shall make an inspection. If the applicant is complying with the requirements of law and regulations, the permit may be reinstated.

I. Any person aggrieved by any decision of the administrator may, within five (5) days of receipt of their decision, file written notice of appeal to the governing body. The hearing of the governing body shall be conducted within thirty (30) days of receipt of the notice of appeal.