Chapter 6.05
GENERAL PROVISIONS
Sections:
6.05.030 Livestock and poultry prohibited.
6.05.040 Wild or domestic animals and fowl.
6.05.050 Permit for certain animals and fowl.
6.05.070 Abatement of nuisance.
6.05.080 Alternative abatement procedure.
6.05.100 Deleted.
6.05.110 Removal of carcasses.
6.05.130 Vehicles injuring animals.
6.05.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Animal” means any one of the lower animals, as distinguished from and not including man, belonging to the animal kingdom of the living beings, typically differing from plants, and including mammals, fowl, reptiles, and fish.
“Domestic animal” means an animal conditioned so as to live and breed in a tame environment and normally amenable to human habitats.
“Fowl” means a bird of any kind.
“Hobby kennel” means an accessory use to a single-family dwelling unit where four or more adult dogs are kept by the resident for their own use and enjoyment without compensation. An adult dog is one that has reached the age of six months.
“Livestock” means horses, mules, jackasses, burros, cattle, sheep, goats, donkeys, swine, and any fur-bearing animal bred and maintained, commercially or otherwise, within pens, cages, and hutches.
“Poultry” means domestic fowl, such as chickens, turkeys, ducks, geese, or other fowl raised for meat or eggs.
“Running at large” means an animal which is off or outside the premises belonging to the owner, keeper, or person having control, custody, or possession of the animal, or not in the company of and under the control of its owner or keeper by means of an adequate leash, pen, cage, coop, vehicle, or other means of confinement or immediate supervision.
“Wild animal” means an animal which normally lives in a state of nature and is not ordinarily tame or domesticated and usually not amenable to human habitats. [Ord. 2763 § 1 (Exh. A § 20), 9-16-13; Ord. 906, 3-25-40. Code 2001 § 92.01.]
6.05.020 Animals at large.
It shall be unlawful for any person, firm, corporation or association owning or controlling or having custody of any wild or domestic animal or fowl, cats and dogs excepted, to permit or allow the same to run at large within the corporate limits of the city. [Ord. 906, 3-25-40. Code 2001 § 92.02.]
Penalty: See NMC 6.10.120.
6.05.030 Livestock and poultry prohibited.
It shall be unlawful for any person, firm, corporation or association to keep or maintain within the corporate limits of the city any livestock or poultry, except for household pets, without first obtaining a permit to do so, and no permit shall be granted without the approval of the animal control officer. [Ord. 906, 3-25-40. Code 2001 § 92.03.]
Penalty: See NMC 6.10.120.
6.05.040 Wild or domestic animals and fowl.
It shall be unlawful for any person, firm, corporation or association to keep or maintain within the corporate limits of the city any wild or domestic fowl of any kind or description, or to keep or maintain any wild or domestic animals of any kind or description, cats and dogs excepted, or to keep or maintain any honeybees without first having obtained a permit from the police department. [Ord. 906, 3-25-40. Code 2001 § 92.04.]
Penalty: See NMC 6.10.120.
6.05.050 Permit for certain animals and fowl.
Any person, firm, corporation or association desiring to keep or maintain within the corporate limits of the city any wild or domestic fowl, wild or domestic animals, cats and dogs excepted, or any honeybees, shall apply for a permit from the police department, who shall make an investigation and issue the said permit. Any permit issued may be revoked at any time, either by the police department or by the city council, whenever it shall be made to appear that the maintenance of said fowl, animals or bees interferes with the rights of others in the enjoyment of their property, peace, health and safety. Permits only shall be issued for properties zoned R-1, R-2, or AR. [Ord. 2763 § 1 (Exh. A § 21), 9-16-13; Ord. 906, 3-25-40. Code 2001 § 92.05.]
6.05.055 Hobby kennel.
Any resident desiring to keep or maintain a hobby kennel shall apply for a permit from the police department. The police department shall investigate the suitability of the premises for the kennel, and if found suitable shall issue said permit. Any permit issued may be revoked at any time, either by the police department or by the city council, whenever it shall be made to appear that the maintenance of said hobby kennel interferes with the rights of others in the enjoyment of their property, peace, health and safety. [Ord. 2763 § 1 (Exh. A § 22), 9-16-13.]
6.05.060 Nuisances.
If any person, firm, corporation or association shall fail to obtain a permit as herein provided, or after having obtained such a permit shall keep or maintain any of said fowl, animals or bees in a manner that interferes with the rights of others in the enjoyment of their property, peace, health or safety, then such omission, acts and conditions shall be deemed to create a nuisance within the purview of this chapter. [Ord. 906, 3-25-40. Code 2001 § 92.06.]
Cross-reference: Nuisances, see Chapter 8.15 NMC.
6.05.070 Abatement of nuisance.
Whenever any nuisance as herein defined shall exist contrary to the provisions of this chapter, the chief of police of the city shall, in writing, notify the owner or occupant of the involved premises; and if such owner or occupant shall fail or refuse to remove or abate such nuisance within a reasonable period, then the said chief of police shall cause such nuisance to be removed or abated, as the case may be, by day labor. The cost of the removal or abatement shall be a lien against and upon the premises where such nuisance exists and shall be recorded in the lien records of said city and collected as other liens are collected under the Charter of said city. The term “reasonable period,” as herein used, shall be construed to mean not less than 48 hours. [Ord. 1696, 6-4-73; Ord. 906, 3-25-40. Code 2001 § 92.07.]
Cross-reference: Nuisances, see Chapter 8.15 NMC.
6.05.080 Alternative abatement procedure.
In addition to the procedures set forth in this chapter for the abatement of nuisances, the procedure set forth in the uniform nuisance abatement procedure ordinance, NMC 8.15.170 et seq., may be utilized by an enforcement officer to abate any nuisance defined in this chapter. [Ord. 2164, 4-1-85; Ord. 906, 3-25-40. Code 2001 § 92.08.]
6.05.090 Dangerous animals.
No owner or person in charge of an animal shall permit an animal which is dangerous to the public health or safety to be exposed in public. If the animal is exposed in public, it may be taken into custody by the city and disposed of in accordance with the procedures provided by ordinance for the disposition of personal property or for the impoundment of dogs; except that before the animal is released by the city, the chief of police must find that proper precautions will be taken to ensure the public health and safety. [Ord. 1690, 3-19-73. Code 2001 § 92.09.]
Penalty: See NMC 6.10.120.
Cross-reference: Nuisances, see Chapter 8.15 NMC.
6.05.100 Livestock and poultry.
Deleted during 2011 recodification. [Ord. 1690, 3-19-73. Code 2001 § 92.10.]
Penalty: See NMC 6.10.120.
6.05.110 Removal of carcasses.
No person shall permit an animal carcass to remain upon public property, or to be exposed on private property, for a period of time longer than five days. [Ord. 1690, 3-19-73. Code 2001 § 92.11.]
Penalty: See NMC 6.10.120.
6.05.120 Cruelty to animals.
A. Except as otherwise authorized by law, no person shall intentionally or recklessly:
1. Subject any animal under human custody or control to cruel mistreatment.
2. Subject any animal under the person’s custody or control to cruel neglect.
3. Kill without legal privilege any animal under the custody or control of another.
B. As used in this section, “animal” includes birds. [Ord. 1703, 8-20-73. Code 2001 § 92.12.]
Penalty: See NMC 6.10.120.
6.05.130 Vehicles injuring animals.
Any person operating a vehicle within the city who shall run over, strike, injure, maim or kill any domestic animal, if injured, or provide for the disposition of the carcass, if such animal is killed; and in either case, such person shall make due and diligent inquiry to determine the owner of such animal; and if the owner be found, the operator of the vehicle shall notify the owner of the occurrence and also report the same forthwith to the chief of police or assistant. [Ord. 1703, 8-20-73. Code 2001 § 92.13.]
Penalty: See NMC 6.10.120.