Socorro, New Mexico

§ 108-25 Disposition of impounded animals.

E. Sterilization and vaccination deposit for redeemed domestic animals. In conformance with NMSA (1978), Section 77-1-20, and in addition to any other requirements of this article, for the redemption/reclaiming of any intact domestic animal the owner/custodial person shall:

(1) Pay a sterilization and vaccination deposit, given in the Schedule of Fees and Other Assignable Costs, prior to the adoption or reclaim of each domestic animal; and

(2) Sign an agreement to have the animal sterilized by the age of six months in the case of an animal younger than six months, or within 30 days in the case of an animal older than six months, unless the owner purchases a breeder’s permit.

(3) A sterilization and vaccination deposit shall not be required if the animal is proven to be sterilized. However, the owner or responsible person shall forfeit the sterilization and vaccination deposit paid for a domestic animal that is subsequently impounded again and not shown to be sterilized.

F. Refund of sterilization and vaccination deposit. A sterilization and vaccination deposit shall be reimbursed to the owner upon delivery of a valid receipt from a veterinarian proving that the redeemed/reclaimed animal was sterilized within the specified period.

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J. Sterilization and vaccination of adopted animals. In conformance with NMSA (1978) Section 77-1-20, and in addition to any other requirements of this article, for the adoption of any unsterilized dog or cat, intact animals older than six months of age will be sterilized at the expense of the adopter prior to being released to the adopter. For animals younger than six months, the adopter shall pay a sterilization and vaccination deposit as established in the Schedule of Fees and Other Assignable Costs (Appendix A), and shall sign an agreement to have the animal sterilized by the age of six months. The sterilization and vaccination deposit shall be refunded to the owner upon delivery of a valid receipt from a veterinarian proving that the redeemed/reclaimed animal was sterilized within the specified period.

K. Penalty for violating Sterilization Act. Any violation of NMSA (1978), Section 77-1-20, known as the “Sterilization Act” and involving the failure to sterilize an adopted or reclaimed domestic animal within the required period, is a misdemeanor and shall be punishable by a fine of at least $99 and not more than $329.

§ 108-29 Permits.

D. Intact animal permit. An intact animal permit is required to keep a dog or cat exempt from being sterilized as mandated by state law when released from an animal shelter. No person shall breed or allow to be bred a dog or cat for which an intact animal permit has been issued unless accompanied by a hobby breeder permit.

E. Litter permit. An owner who intentionally or unintentionally breeds dogs or cats and does not have a current hobby breeder’s permit shall purchase a litter permit for each litter. The litter permit fee may be refunded at the time proof of sterilization of the female animal is submitted and verified by the Animal Control Officer no later than two months from the time the female dog or cat delivers a litter. The Litter Permit shall be required in addition to the license required in § 108-28A of this article.

(1) The owner of an intact female must obtain a litter permit prior to birth of a litter or within one week after the birth of a litter.

(2) No person shall apply for or obtain more than four litter permits per household in any consecutive twelve-month period.

(3) A litter permit is required to advertise any animal under the age of one year for sale, gift, barter, exchange, or give away in any local periodical or newspaper of general circulation. The litter permit number must be included in any advertisement of a member of the litter.

(4) An owner shall not advertise, sell, barter, exchange or give away any puppy or kitten under one year of age within municipal boundaries unless a litter permit or hobby breeder permit has been purchased.

(5) Litter permits expire two months from the date of issue.

(6) The Socorro Animal Shelter and Adoption Center may waive the litter permit fee for rescue groups and animal foster care providers.

(7) Puppies and kittens can only be sold, given as a gift, or transferred or conveyed in any other manner from the location listed on the litter permit. Puppies or kittens sold on public property or commercial property, even with the property owner’s permission, are in violation of this section and may be seized.

(8) Puppies and kittens shall not be released from the permitted premises before eight weeks of age and not before they have been immunized against common diseases.

(9) An owner shall furnish the litter permit number or hobby breeder permit number to any prospective recipient requesting the number.

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J. Posting of valid permits.

(1) The valid required permit shall be posted in a conspicuous place at each permitted premises.

(2) This provision shall apply to all relevant permits issued pursuant to this article, including but not limited to litter permits, hobby breeder permits, multiple animal permits, potentially dangerous animal permits, wild/exotic animal permits, guard dog permits, and conditional use permits.

(3) A permit holder shall notify the Animal Shelter and Adoption Center of any changes in operations that may affect the status of any permit issued pursuant to this article and shall keep the Animal Shelter and Adoption Center informed of all changes in name, location, address, and home and business telephone number of the site, and activities covered by the permit.

(4) Both the person in charge of a permitted premises and the owner of the permitted premises shall be responsible for complying with this section.

(5) At each permitted premises, a current record shall be kept that describes all animals owned, purchased, or received, and the final disposition of each animal.

(6) Permits shall expire one year after the date of issuance of the permit. An application for renewal shall be filed at the Animal Shelter and Adoption Center 30 days before the date of expiration. The fees and application and inspection procedures for permit renewals shall be the same as those for new applications. Failure to renew permits as specified shall result in the expiration of the permit or in the assessment of a 5% late fee.

K. Access to permitted premises. Upon presentation of proper identification, and at any reasonable time, the Animal Control Officer shall be allowed to enter any permitted premises for the purpose of making inspections to determine compliance with this article. The person in charge of the permitted premises shall be allowed to accompany the Animal Control Officer on the inspection. The Animal Control Officer shall prepare a written inspection report that shall state whether or not the permitted premises is in compliance with or in violation of this article. If the premises are found to be not in compliance, the report shall specify the nature of the noncompliance. A copy of the inspection report shall be furnished to the person in charge of the property in violation.

L. Permit approval. Within 10 days of receipt of an application for a permit, the Planning and Zoning Office shall review the application, if applicable, and the Animal Control Officer shall inspect the premises to determine whether it complies with the standards established in this article. The applicant shall be notified in writing by the Socorro Animal Shelter Office of approval or denial of the permit application. The Socorro Animal Shelter Office shall approve an application only if it is determined that:

(1) The standards established by this article and other applicable laws and regulations have been met; and

(2) The issuance of a permit will not result in activity that presents a danger to the public health, safety or welfare, or a danger or nuisance to the neighborhood.

M. Revocation of permit.

(1) Any permit issued may be revoked if any of the following conditions exist:

(a) The permit holder has violated any City ordinances or New Mexico laws relating to the keeping, care, or use of any animal;

(b) The permit holder has failed to comply with any condition or requirement of the permit or has failed to pay any fee required by this article;

(c) The permit holder refuses to allow inspection, on 48 hours written notice, of any animal covered by the permit or the premises in which the animal is kept;

(d) The permit holder has transferred, sold, or otherwise disposed of the animals for which a permit was issued.

(2) If the Animal Control Officer or other law enforcement officer concludes that there is probable cause to believe that one or more of the above grounds for revocation has occurred, he or she shall give written notice of revocation to the permit holder. Upon revocation of any permit under this article, the permit holder shall be notified by personal service or by certified, first class United States Mail. The notice shall set forth the basis for revocation of the permit.

N. Appeals. The permit holder may appeal the decision of revocation. The appeal must be delivered in writing to the office of the City Clerk within 10 calendar days after the date of service of the notice of revocation of the permit. If the notice of revocation was served via mail only, three additional days must be added to the appeal period. The City Clerk shall set the time and place for a hearing before the City Council and shall notify the permit holder of the hearing at least 10 business days before the date of the council meeting. The decision of the City Council shall be final. Any person whose permit is revoked after the appeals process is exhausted shall, within 10 days, humanely dispose of all animals owned, kept or harbored. No part of the permit fee shall be refunded.