Chapter 77 — Chapter 77

property.] That dogs, cats and domesticated fowls and birds shall be deemed and considered as personal property, and all remedies given for the recovery of personal property and of damages for injuries thereto are hereby extended to them. History: Laws 1912, ch. 38, § 1; Code 191…

failure to destroy. A. It is unlawful for any person to keep any animal known to be vicious and liable to attack or injure human beings unless such animal is securely kept to prevent injury to any person. B. It is unlawful to keep any unvaccinated dog or cat or any animal with an…

ANNOTATIONS Repeals. — Laws 1979, ch. 194, § 9, repealed 77-1-11 NMSA 1978, as enacted by Laws 1901, ch. 105, § 4, relating to the killing of any animal the keeping of which is unlawful.

Each municipality and each county shall make provision by ordinance for the seizure and disposition of dogs and cats running at large and not kept or claimed by any person on the person's premises; provided, however, that the ordinance does not conflict with the provisions of Cha…

Violation of Sections 77-1-3 and 77-1-10 NMSA 1978 and Section 6 [77-18-1 NMSA 1978] of this act or regulations or orders issued pursuant thereto shall be a misdemeanor. History: 1978 Comp., § 77-1-13, enacted by Laws 1979, ch. 194, § 5.

animals; qualified service animals exempt. A. Every municipality and each county may provide by ordinance for the mandatory licensure of dogs over the age of three months. License fees shall be fixed by the responsible municipality or county. Proof of vaccination against rabies s…

ANNOTATIONS Repeals. — Laws 1979, ch. 194, § 9, repealed 77-1-16 NMSA 1978, as enacted by Laws 1977, ch. 332, § 2, relating to municipal licensing of dogs and the exemption of hearing ear aid dogs from such. For present provisions, see 77-1-15.1 NMSA 1978.

without liability. A. As used in this act [section], "custodian" means the owner or operator of a veterinary clinic or hospital, a doctor of veterinary medicine, a kennel, grooming parlor or other animal care facility. B. Any dog or cat placed in the custody of a veterinarian, ke…

This act [77-1-18 to 77-1-20 NMSA 1978] may be cited as the "Pet Sterilization Act". History: Laws 1993, ch. 43, § 1.

As used in the Pet Sterilization Act: A. "animal" means a cat or dog; B. "animal shelter" means any animal facility operated privately or by or for a municipality or county, in which stray, lost or unwanted animals are kept and released for adoption; C. "sterilization" means rend…

If any dog shall kill or injure any livestock, the owner or keeper of such dog shall be liable for all damages that may be sustained thereby, to be recovered by the party so injured before any court having competent jurisdiction, and it shall be unlawful to keep such dog after it…

A. No animal shall be released from an animal shelter to an adopting person unless a sterilization agreement has been signed and a sterilization deposit has been paid, as provided in Subsections C and D of this section. B. In addition to any adoption fee charged, a sterilization …

A. The "animal welfare program" is created to provide funding for projects that support the welfare of domestic cats and dogs as provided in this section. Beginning July 1, 2025, the department may award a grant to a municipality or county or an Indian nation, tribe or pueblo, or…

The "animal welfare program fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations. The department of finance and administration shall administer the fund, and money in the fund is appropriated to the depart…

Any person who owns or keeps a dog or cat over the age of three months in this state shall have the dog or cat vaccinated against rabies as prescribed by regulation of the health and environment department [department of health]. All antirabies vaccine shall be administered by or…

ANNOTATIONS Repeals. — Laws 1979, ch. 194, § 9, repealed 77-1-4 NMSA 1978, as enacted by Laws 1959, ch. 176, § 2, relating to vaccination certificates and tags. For present provisions, see 77-1-3 NMSA 1978.

Any dog or cat brought into the state shall be securely confined by the owner or keeper until vaccinated against rabies, which vaccination shall be administered within one week after entry into the state unless the owner or keeper has a certificate of vaccination issued by a vete…

contact with rabid animals; animal rabies quarantine; procedure following death from rabies. The health and environment department [department of health] shall prescribe regulations for the reporting of animal bites, confinement and disposition of rabies- suspect animals, rabies …

A. Any peace officer may impound any dog found running at large unaccompanied by and not under the control of the owner or handler, and further, the peace officer shall destroy the dog if it is in the act of pursuing or wounding livestock or wounding and killing poultry or attack…

This act [77-1A-1 to 77-1A-6 NMSA 1978] may be cited as the "Dangerous Dog Act". History: Laws 2005, ch. 61, § 1.

As used in the Dangerous Dog Act: A. "animal control authority" means an entity authorized to enforce the animal control laws of a city, county or state, whether acting alone or in concert with other governmental authorities. In those areas not served by an animal control authori…

A dog shall not be declared a dangerous or potentially dangerous dog if: A. the dog was used by a law enforcement official for legitimate law enforcement purposes; B. the threat, injury or damage was sustained by a person or domestic animal who was: (1) trespassing upon premises …

A. If an animal control authority has probable cause to believe that a dog is a dangerous dog and poses an imminent threat to public safety, the animal control authority may apply to a court of competent jurisdiction in the county where the animal is located for a warrant to seiz…

potentially dangerous dogs. A. An animal control authority shall issue a certificate of registration to the owner of a potentially dangerous dog if the owner establishes that: (1) the owner is able to keep the dog under control at all times; (2) a license, if applicable, has been…

A. It is unlawful for an owner of a dangerous or potentially dangerous dog to: (1) keep the dog without a valid certificate of registration; (2) violate the registration and handling requirements for the dog; (3) fail to notify the animal control authority immediately upon: (a) t…

Chapter 77, Article 1B NMSA 1978 may be cited as the "Animal Sheltering Act". History: Laws 2007, ch. 60, § 1; 2009, ch. 102, § 3.

2030.) A. The board or the board's designees shall enforce the provisions of the Animal Sheltering Act. B. Whenever the board has reasonable cause to believe a violation of a provision of the Animal Sheltering Act or a rule adopted pursuant to that act has occurred that creates a…

agencies and euthanasia instructors; hearings; penalties. (Repealed effective July 1, 2030.) A. With the respect to licenses pursuant to the Animal Sheltering Act, the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] apply to all disciplinary procedures and h…

History: Laws 2007, ch. 60, § 12; 2009, ch. 102, § 15; 2011, ch. 172, § 1; 2013, ch. 166, § 9; repealed by Laws 2017, ch. 44, § 16.

As used in the Animal Sheltering Act: A. "animal" means any animal, except humans, not defined as "livestock" in Subsection K of this section; B. "animal shelter": (1) means: (a) a county or municipal facility that provides shelter to animals on a regular basis, including a small…

qualifications; terms; vacancies; duties; removal; application of Uniform Licensing Act. (Repealed effective July 1, 2030.) A. The "animal sheltering committee" is created. The animal sheltering committee shall consist of five members as follows: (1) one euthanasia agency employe…

(Repealed effective July 1, 2030.) A. The "animal care and facility fund" is created in the state treasury. All fees collected pursuant to the Animal Sheltering Act shall be deposited in the fund. B. The animal care and facility fund shall consist of money collected by the board …

2030.) The board shall: A. adopt infrastructure and operating standards and may enforce those standards with consideration of the recommendations by the animal sheltering committee; B. provide for inspections of animal shelters and euthanasia agencies; C. provide for oversight, i…

2030.) A. The board shall have authority to license euthanasia technicians. B. A person, other than a veterinarian licensed to practice in New Mexico, who engages in euthanasia for a euthanasia agency in this state shall be licensed by the board. C. Applicants for licensure by ex…

effective July 1, 2030.) A euthanasia technician may purchase, possess and administer euthanasia drugs for the purpose of performing euthanasia and pre-euthanasia on animals for a euthanasia agency. A formulary shall be developed by the board and be approved by the board of pharm…

July 1, 2030.) A. The board shall have authority over the certification of euthanasia instructors. B. A person certified to practice as a euthanasia instructor shall: (1) have passed the examination approved by the board to qualify as a euthanasia instructor; (2) have completed t…

effective July 1, 2030.) A. The board shall have authority over the licensing of euthanasia agencies. All euthanasia agencies shall be licensed by the board prior to euthanasia being performed by that agency. B. The board shall adopt rules governing the procedures for administeri…

A. Unless otherwise provided in the Animal Sheltering Act, it is a violation of that act for a person to: (1) perform euthanasia for a euthanasia agency or an animal shelter in this state without possessing a valid license pursuant to the Animal Sheltering Act; (2) solicit, adver…

Chapter 77, Articles 2 through 18 NMSA 1978 may be cited as "The Livestock Code". The Livestock Code shall be liberally construed to carry out its purposes, which are to promote greater economy, service and efficiency in the administration of the laws relating to the livestock in…

As used in The Livestock Code: A. "animals" or "livestock" means all domestic or domesticated animals that are used or raised on a farm or ranch, including the carcasses thereof, and exotic animals in captivity and includes equines, cattle, sheep, goats, swine, bison, poultry, os…

A. The board shall designate banks where its money is to be deposited. B. Notwithstanding the provisions of Section 6-10-3 NMSA 1978, the board may establish rules governing the receipt and deposit of fees collected by its inspectors requiring remittance to the board in not more …

ANNOTATIONS Repeals. — Laws 1999, ch. 282, § 104 repealed 77-2-11 NMSA 1978, as enacted by Laws 1889, ch. 106, § 1, defining "cattle", effective July 1, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 77-2-…

The executive director of the board shall keep records of inspections of brands and earmarks as deemed necessary by the board and shall perform such other duties as are prescribed by the board. He shall take and subscribe an oath faithfully to perform all of his duties as executi…

The records required to be kept by the director, including inspector reports, shall be maintained by the board in a readily available manner, and a certified copy of any such records under the hand and seal of the director or the verified oath of an inspector shall be prima facie…

The board may employ a competent attorney to give advice and counsel in regard to any matter connected with the duties of the board, to represent the board in any legal proceedings and to aid in the enforcement of the laws in relation to livestock. The board shall fix the compens…

A. Each year the board of county commissioners of each county shall at its first meeting after the return of the assessment of the property for taxation by the county assessors of each county, levy a special tax at a rate to be fixed each year by the New Mexico livestock board. S…

rate. It is the duty of the board on or before June 30 of each year to make and file with the department of finance and administration a report and estimate showing the amount of money in the custody or under the control of the treasurer of the board, the estimated receipts from …

disbursement. The special tax provided by Section 77-2-16 NMSA 1978 shall be assessed and collected in every county and paid over to the state treasurer as provided by law for the assessment, collection and payment of other state taxes, and all money so collected and paid over on…

The compensation of all employees by or under the board and, in the first instance, all other expenses incurred by or under that board shall be paid by the board or, upon its order, out of the funds provided for in The Livestock Code, such board taking or causing to be taken prop…

The amount of money to be expended by the board in any one year, is limited to the amount set forth in a budget approved by the department of finance and administration. History: Laws 1889, ch. 106, § 22; C.L. 1897, § 202; Code 1915, § 81; C.S. 1929, § 4- 818; 1941 Comp., § 49-21…