reglab/housing_qa huggingface dataset:
NM Stat § 77-1-9 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1 - Dogs and Domesticated Animals|Section 77-1-9 - Dogs; destruction.

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 attacking humans. B. Any peace officer may kill any dog in the act of pursuing or wounding any livestock or wounding or killing poultry or attacking humans whether or not the dog wears a rabies tag required by Section 77-1-3 NMSA 1978. There shall be no liability of the peace officer in damages or otherwise for such killing. History: 1953 Comp., § 47-1-2.7, enacted by Laws 1975, ch. 352, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 58 et seq. Constitutionality of statute for control of diseases of livestock, 65 A.L.R. 525. Right to kill dog dangerous to other animals as nuisance, 79 A.L.R. 1064. Validity of statute or ordinance providing for destruction of dogs, 56 A.L.R.2d 1024. Liability of public officers for killing or injuring animals, while acting, or professing to act, under a statute in relation to the inspection or destruction of livestock, 2 A.L.R.3d 822. Construction of provisions of statute or ordinance governing occasion, time, or manner of summary destruction of domestic animals by public authorities, 42 A.L.R.4th 839. 3A C.J.S. Animals §§ 137, 138, 157, 158.
NM Stat § 77-1-11 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1 - Dogs and Domesticated Animals|Section 77-1-11 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 194, § 9, repealed 77-1-11 NMSA 1978, as enacted by Laws 1901, ch. 105, § 4, relating to the killing of any animal the keeping of which is unlawful.
NM Stat § 77-1-12 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1 - Dogs and Domesticated Animals|Section 77-1-12 - Local control by ordinance; dogs and cats running at large.

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 Chapter 77, Article 1B NMSA 1978. History: Laws 1901, ch. 105, § 5; Code 1915, § 222; C.S. 1929, § 4-2005; 1941 Comp., § 49-106; 1953 Comp., § 47-1-5; Laws 1973, ch. 170, § 9; 1979, ch. 194, § 4; 2009, ch. 103, § 1. ANNOTATIONSThe 2009 amendment, effective June 19, 2009, changed the reference of the act from "Animal Sheltering Services Act" to "Chapter 77, Article 1B NMSA 1978"; and added the exceptions at the end of the sentence. The 1979 amendment substituted the present catchline for "Running at large in municipalities," substituted "municipality and each county" for "municipal corporation" near the beginning of the section, substituted "disposition of dogs" for "killing of all dogs" near the middle of the section and substituted "kept or claimed" for "claimed or harbored" near the end of the section. Section not part of maintenance of roadways. — Compliance with this section and Section 77-1-15.1B NMSA 1978 is not part of maintenance of a roadway, highway or street within the meaning of the legislative waiver of governmental immunity found in Section 41-4-11A NMSA 1978, relating to negligent maintenance of highways, roadways, and streets. Smith v. Village of Corrales, 1985-NMCA-121, 103 N.M. 734, 713 P.2d 4, cert. denied, 103 N.M. 740, 713 P.2d 556 (1986). Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and application of ordinances relating to unrestrained dogs, cats, or other domesticated animals, 1 A.L.R.4th 994. Liability of person, other than owner of animal or owner or operator of motor vehicle, for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 132. Liability of owner or operator of vehicle for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 159. Construction of provisions of statute or ordinance governing occasion, time, or manner of summary destruction of domestic animals by public authorities, 42 A.L.R.4th 839. Liability for injuries caused by cat, 68 A.L.R.4th 823. Validity and construction of statute, ordinance, or regulation applying to specific dog breeds, such as "pit bulls" or "bull terriers," 80 A.L.R.4th 70. Landlord's liability to third person for injury resulting from attack on leased premises by dangerous or vicious animal kept by tenant, 87 A.L.R.4th 1004.
NM Stat § 77-1-13 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1 - Dogs and Domesticated Animals|Section 77-1-13 - Penalty.

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. ANNOTATIONSRepeals and reenactments. — Laws 1979, ch. 194, § 5, repealed former 77-1-13 NMSA 1978, relating to the enforcement of animal control ordinances, and enacted a new section.
NM Stat § 77-1-15 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1 - Dogs and Domesticated Animals|Section 77-1-15 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 242, § 5 repealed 77-1-14 NMSA 1978, as enacted by Laws 1943, ch. 57, § 1, relating to guide dogs leading the blind, effective June 16, 1989. Laws 1979, ch. 194, § 9, repealed 77-1-15 NMSA 1978, as enacted by Laws 1943, ch. 62, § 1, relating to municipal licensing of dogs and the exemption of guide dogs from such. For present provisions, see 77-1-15.1 NMSA 1978.
NM Stat § 77-1-15.1 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1 - Dogs and Domesticated Animals|Section 77-1-15.1 - Regulation and licensure of dogs; impoundment of 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 shall be provided by the owner or keeper before a license is issued. A combined rabies vaccination certificate and license may be provided by ordinance. B. Every municipality and each county shall provide for the impoundment of rabies-suspect animals and shall designate a part-time or full-time animal control officer who shall be deputized to enforce animal control laws, orders, ordinances and regulations. C. No fee shall be charged for the licensure of qualified service animals who are trained to lead partially or totally blind persons, aid hearing impaired persons or assist mobility impaired persons. History: Laws 1979, ch. 194, § 7; 1989, ch. 242, § 4. ANNOTATIONSThe 1989 amendment, effective June 16, 1989, substituted "qualified service animals" for "guidedogs" in the catchline and the present provisions of Subsection C for "No fee for the licensure of dogs trained to assist the blind or deaf shall be charged". Section not part of maintenance of roadways. — Compliance with this section and Section 77-1-12 NMSA 1978 is not part of maintenance of a roadway, highway or street within the meaning of the legislative waiver of governmental immunity found in Section 41-4-11A NMSA 1978, relating to negligent maintenance of highways, roadways, and streets. Smith v. Village of Corrales, 1985-NMCA-121, 103 N.M. 734, 713 P.2d 4, cert. denied, 103 N.M. 740, 713 P.2d 556 (1986). Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 26 et seq. 3A C.J.S. Animals § 11; 62 C.J.S. Municipal Corporations § 218.
NM Stat § 77-1-16 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1 - Dogs and Domesticated Animals|Section 77-1-16 - Repealed.

ANNOTATIONSRepeals. — 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.
NM Stat § 77-1-17 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1 - Dogs and Domesticated Animals|Section 77-1-17 - Abandoned dogs and cats; notice to owner; disposal 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, kennel, animal clinic or hospital, grooming parlor or other animal care facility shall be deemed to be abandoned if, after the term of any agreement for board or other care has expired, the dog or cat has not been reclaimed within ten days after written notice has been given the owner or his agent by registered or certified mail. C. Any dog or cat deemed abandoned under the provisions of Subsection B of this section, may be disposed of by the custodian if not reclaimed. Notice of the intent to dispose of a dog or cat shall be given to the owner or his agent by registered or certified mail. Such notice, when sent to the address given to the custodian by the owner, shall relieve the custodian from all liability to the owner or his agent for the disposal of the dog or cat. D. The custodian may turn over an abandoned dog or cat to the municipal or county animal control center, pound or shelter for disposal by them. Nothing in this act [section] shall affect the holding time or notice procedures regarding any municipal or county control facility which is owned or operated by, or is under contract or franchise to, a municipality or county. E. Nothing in this act [section] shall relieve the owner of a dog or cat for the payment of all reasonable charges for medical or care services rendered to the dog or cat while in the custody of a veterinarian, kennel, animal clinic or hospital, grooming parlor or other animal care facility. History: 1953 Comp., § 47-1-9, enacted by Laws 1973, ch. 94, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 77-1-18 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1 - Dogs and Domesticated Animals|Section 77-1-18 - Short title.

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.
NM Stat § 77-1-19 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1 - Dogs and Domesticated Animals|Section 77-1-19 - Definitions.

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 rendering an animal unable to reproduce, either by the spaying of a female animal or by the neutering of a male animal; and D. "sterilization deposit" means that portion of the adoption fee charged by the animal shelter when a person adopts an unsterilized animal; the "sterilization deposit" is refunded when the animal is sterilized. History: Laws 1993, ch. 43, § 2.
NM Stat § 77-1-20 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1 - Dogs and Domesticated Animals|Section 77-1-20 - Sterilization agreement and sterilization deposit required.

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 deposit of at least twenty-five dollars ($25.00) shall be imposed on the adoption of each animal from an animal shelter. C. Animals less than six months of age shall be released only upon payment of the adoption fee and a sterilization deposit and after the adopting person has signed an agreement stating he will have the adopted animal sterilized when it is no older than six months of age. D. Adult animals over the age of six months shall be released only upon payment of the adoption fee and a sterilization deposit and after the adopting person has signed an agreement stating he will have the animal sterilized within thirty days of the date of adoption. E. The sterilization deposit shall be reimbursed only upon presentation of a receipt from a veterinarian that the adopted animal has been sterilized. F. An unsterilized animal reclaimed by its owner shall be released without being sterilized upon payment of the twenty-five dollars ($25.00) for the sterilization deposit and impoundment fees imposed by the shelter, and the owner shall sign an agreement stating he will sterilize the animal within thirty days after release or will obtain a breeder permit or its equivalent. The sterilization deposit shall be reimbursed upon presentation by the owner of a receipt from a veterinarian that the animal has been sterilized. History: Laws 1993, ch. 43, § 3.
NM Stat § 77-1A-1 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1A - Dangerous Dog|Section 77-1A-1 - Short title.

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. ANNOTATIONSEffective dates. — Laws 2005, ch. 61 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 77-1A-2 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1A - Dangerous Dog|Section 77-1A-2 - Definitions.

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 authority, the sheriff or municipal law enforcement shall carry out the duties of the animal control authority under the Dangerous Dog Act; B. "dangerous dog" means a dog that caused a serious injury to a person or domestic animal; C. "owner" means a person who possesses, harbors, keeps or has control or custody of a dog or, if that person is under the age of eighteen, that person's parent or guardian; D. "potentially dangerous dog" means a dog that may reasonably be assumed to pose a threat to public safety as demonstrated by the following behaviors: (1) causing an injury to a person or domestic animal that is less severe than a serious injury; (2) chasing or menacing a person or domestic animal in an aggressive manner and without provocation; or (3) acting in a highly aggressively [aggressive] manner within a fenced yard or enclosure and appearing able to jump out of the yard or enclosure; E. "proper enclosure" means secure confinement indoors or outdoors, such as in a fenced yard, locked pen or other structure, that is designed to prevent the animal from escaping the confined area and young children from entering the confined area but does not include chaining, restraining or otherwise affixing the animal to a stationary object; and F. "serious injury" means a physical injury that results in broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery. History: Laws 2005, ch. 61, § 2. ANNOTATIONSEffective dates. — Laws 2005, ch. 61 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 77-1A-3 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1A - Dangerous Dog|Section 77-1A-3 - Exceptions.

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 occupied by the owner or the dog; (2) provoking, tormenting, abusing or assaulting the dog or had repeatedly, in the past, provoked, tormented, abused or assaulted the dog; or (3) committing or attempting to commit a crime; or C. the dog was: (1) responding to pain or injury; (2) protecting itself or its offspring; or (3) protecting or defending a human being or domestic animal from attack or assault. History: Laws 2005, ch. 61, § 3. ANNOTATIONSEffective dates. — Laws 2005, ch. 61 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 77-1A-4 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1A - Dangerous Dog|Section 77-1A-4 - Seizure of dog; petition to court.

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 seize the animal. B. If an animal control authority has probable cause to believe that a dog is a potentially dangerous dog and poses a 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 seize the animal. C. After seizure, the animal control authority shall impound the dog pending disposition of the case or until the owner has fulfilled the requirements for a certificate of registration pursuant to the provisions of Section 5 [77-1A-5 NMSA 1978] of the Dangerous Dog Act . D. After seizure: (1) the owner may admit that the dog is dangerous or potentially dangerous and comply with the requirements for a certificate of registration pursuant to Section 5 of the Dangerous Dog Act; or (2) the animal control authority may, within fourteen days after seizure of the dog, bring a petition in court seeking a determination of whether the dog is dangerous or potentially dangerous. If the court finds, by clear and convincing evidence, that the dog is dangerous and poses an imminent threat to public safety or potentially dangerous and poses a threat to public safety, the court shall order the owner to comply with the registration and handling requirements for the dog and obtain a certificate of registration within thirty days or have the dog humanely destroyed. If the court does not make the required findings pursuant to this paragraph, the court shall immediately order the release of the dog to its owner. E. If the owner does not admit that the dog is dangerous or potentially dangerous and the animal control authority does not bring a petition in court within fourteen days of seizure of the dog, the court shall immediately order the release of the dog to its owner. F. If the owner admits that the dog is dangerous and transfers ownership of the dog to the animal control authority, the animal control authority may humanely destroy the dog. G. A determination that a dog is not dangerous or potentially dangerous shall not prevent an animal control authority from making a subsequent application for seizure based on the dog's subsequent behavior. History: Laws 2005, ch. 61, § 4. ANNOTATIONSEffective dates. — Laws 2005, ch. 61 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 77-1A-6 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1A - Dangerous Dog|Section 77-1A-6 - Prohibited acts; penalties.

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) the escape of the dog; or (b) an attack by the dog upon a human being or a domestic animal; (4) fail to notify the animal control authority of the dog's death within five business days; (5) fail to notify the animal control authority within twenty-four hours if the dog has been sold or given away and provide the name, address and telephone number of the new owner of the dog; (6) fail to surrender the dog to an animal control authority for safe confinement pending a determination of the case when there is reason to believe that the dog poses an imminent threat to public safety; or (7) fail to comply with special handling or care requirements for the dog that a court has ordered. B. Whoever violates a provision of Subsection A of this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 and, for a second or subsequent offense, is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978. C. An owner of a dangerous or potentially dangerous dog that causes serious injury or death to a domestic animal, without provocation, is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978. D. An owner of a dangerous or potentially dangerous dog that causes serious injury to a human being, without provocation, is guilty of a third degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978. E. An owner of a dangerous or potentially dangerous dog that causes the death of a human being, without provocation, is guilty of a third degree felony resulting in the death of a human being and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978. F. Prosecution pursuant to this section requires a showing that: (1) an owner knew of the propensity of a dog to inflict serious injury; or (2) the dog had previously been found by a court to be a dangerous or potentially dangerous dog. History: Laws 2005, ch. 61, § 6. ANNOTATIONSEffective dates. — Laws 2005, ch. 61 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
NM Stat § 77-1B-1 (2021)
2021 New Mexico Statutes|Chapter 77 - Animals and Livestock|Article 1B - Animal Sheltering|Section 77-1B-1 - Short title. (Repealed effective July 1, 2024.)

Chapter 77, Article 1B NMSA 1978 may be cited as the "Animal Sheltering Act". History: Laws 2007, ch. 60, § 1; 2009, ch. 102, § 3. ANNOTATIONSDelayed repeals. — Laws 2017, ch. 44, § 7 provided that Chapter 77, Article 1B NMSA 1978 is repealed effective July 1, 2024. See Section 61-14-20 NMSA 1978. The 2009 amendment, effective June 19, 2009, changed the reference to the act to the Chapter and Article of NMSA 1978 and changed the name of the act from the "Animal Sheltering Services Act" to the "Animal Sheltering Act".