reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
The 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 1 - Dogs and Domesticated Animals › Section 77-1-15 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
The 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.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 1 - Dogs and Domesticated Animals › Section 77-1-16 - Repealed.

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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 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.
2023 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 1B - Animal Sheltering › Section 77-1B-1 - Short title. (Repealed effective July 1, 2030.)

Chapter 77, Article 1B NMSA 1978 may be cited as the "Animal Sheltering Act".
History:
Laws 2007, ch. 60, § 1; 2009, ch. 102, § 3.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 15, § 1 provided that Chapter 77, Article 1B NMSA 1978 is repealed effective July 1, 2030.
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".
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 1B - Animal Sheltering › Section 77-1B-6 - Euthanasia technician; license. (Repealed effective July 1, 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 examination as a euthanasia technician shall be required to pass a euthanasia technician examination approved by the board and shall be required to complete a training course approved by the board in euthanasia practices.
D. A person licensed to practice as a euthanasia technician shall:
(1) have passed the examination to qualify as a euthanasia technician;
(2) hold a certificate of completion in a training course in euthanasia issued within three years of the date that the euthanasia technician examination is successfully completed;
(3) have attained an age of at least eighteen years;
(4) not be guilty of fraud or deceit in procuring or attempting to procure a license;
(5) pay the required fee to be determined by the board, but not to exceed fifty dollars ($50.00); and
(6) comply with all other requirements established by the board.
E. The board may issue a license to practice as a euthanasia technician without examination to an applicant who meets the qualifications required for euthanasia technicians in this state as set forth in Paragraphs (3) through (6) of Subsection D of this section. The application for a license as a euthanasia technician shall be accompanied by proof of completion of training in euthanasia practices, as approved by the board.
F. A person whose euthanasia technician license expires while the person is on active duty with a branch of the armed forces of the United States, called into service or training with the state militia or in training or education under the supervision of the United States government prior to induction into military service may have the license restored without paying renewal fees, if within two years after the termination of that service, training or education, except under conditions other than honorable, the board is furnished with satisfactory evidence that the person had been engaged in the service, training or education.
History:
Laws 2007, ch. 60, § 6; 2009, ch. 102, § 8.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 15, § 1 provided that Chapter 77, Article 1B NMSA 1978 is repealed effective July 1, 2030.
See
Section 61-14-20 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Subsections A, C, D, E and F, changed "euthanasia provider" to "euthanasia technician" and deleted former Subsection D, which provided that the board shall adopt rules to provide for interim placements for euthanasia agencies that have no permanent employees who are euthanasia providers.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 1B - Animal Sheltering › Section 77-1B-6.1 - Euthanasia technician authority defined. (Repealed 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 pharmacy.
History:
Laws 2009, ch. 102, § 9.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 15, § 1 provided that Chapter 77, Article 1B NMSA 1978 is repealed effective July 1, 2030.
See
Section 61-14-20 NMSA 1978.
Effective dates.
— Laws 2009, ch. 102 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 1B - Animal Sheltering › Section 77-1B-7 - Euthanasia instructors; certification. (Repealed effective 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 training in euthanasia practices, as defined by the board, within one year preceding the date the application for certification is submitted;
(3) have participated in the euthanasia of animals for a minimum of three years preceding the date of application;
(4) not have been found guilty of fraud or deceit in procuring or attempting to procure any type of certification; and
(5) pay the required fee.
C. The board may certify an applicant as a euthanasia instructor without an examination if the applicant has been certified or licensed under the laws of another state and the applicant meets the qualifications set forth in Paragraphs (3) through (5) of Subsection B of this section.
D. A person whose euthanasia instructor certification expires while on active duty with the armed forces of the United States, called into service or training with the state militia or in training or education under the supervision of the United States government prior to induction into military service may have the certification restored without paying renewal fees, if within two years after the termination of that service, training or education, except under conditions other than honorable, the board is furnished with satisfactory evidence that the person has been engaged in such service, training or education.
History:
Laws 2007, ch. 60, § 7; 2009, ch. 102, § 10.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 15, § 1 provided that Chapter 77, Article 1B NMSA 1978 is repealed effective July 1, 2030.
See
Section 61-14-20 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, in Paragraph (1) of Subsection B, after "examination", deleted "administered" and added "approved"; in Paragraph (2) of Subsection B, after "completed", deleted "instructor"; and in Subsection C, deleted the last sentence which provided that an application for certification must be accompanied by proof of completion of instructor training in euthanasia practices.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 1B - Animal Sheltering › Section 77-1B-10 - Enforcement and injunctions. (Repealed effective July 1, 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 health risk for the animals or the community and immediate enforcement is deemed necessary, the board may issue a cease and desist order to require a person to cease violations. At any time after service of the order to cease and desist, the person may request a prompt hearing to determine whether a violation occurred. If a person fails to comply with a cease and desist order within twenty-four hours, the board may bring a suit for a temporary restraining order and for injunctive relief to prevent further violations.
C. Whenever the board possesses evidence that indicates a person has engaged in or intends to engage in an act or practice constituting a violation of the Animal Sheltering Act or a rule adopted pursuant to that act, the board may seek temporarily or permanently to restrain or enjoin the act or practice. The board shall not be required to post a bond when seeking a temporary or permanent injunction.
History:
Laws 2007, ch. 60, § 10; 2009, ch. 102, § 13.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 15, § 1 provided that Chapter 77, Article 1B NMSA 1978 is repealed effective July 1, 2030.
See
Section 61-14-20 NMSA 1978.
The 2009 amendment,
effective June 19, 2009, changed the name of the act from "Animal Sheltering Services Act" to "Animal Sheltering Act".
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 1B - Animal Sheltering › Section 77-1B-12 - Repealed.

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.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 44, § 16 repealed 77-1B-12 NMSA 1978, as enacted by Laws 2007, ch. 60, § 12, relating to the termination of the animal sheltering board, effective July 1, 2018. For provisions of the former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-1 - Short title; purpose.

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 industry of New Mexico, to control disease, to prevent the theft or illegal movement of livestock and to oversee the New Mexico meat inspection program.
History:
1953 Comp., § 47-23-1, enacted by Laws 1967, ch. 213, § 1; 1993, ch. 248, § 1; 1999, ch. 282, § 1.
ANNOTATIONS
Repeals.
— Laws 2005, ch. 208, § 27 repealed 77-2-28 NMSA 1978, which would have repealed the Livestock Code, effective July 1, 2006.
The 1999 amendment,
effective July 1, 1999, inserted "Articles 2 through 18" near the beginning of the section.
The 1993 amendment,
effective June 18, 1993, substituted "Chapter 77 NMSA 1978" for "This act"; substituted "The Livestock Code" for "The Livestock Board Act" in two places; and added the language beginning "to control disease" at the end of this section.
Because Livestock and Property Tax Codes have different broad purposes
does not mean that they do not concern the same subject matter.
Jicarilla Apache Nation v. Rio Arriba County Assessor
, 2004-NMCA-055, 135 N.M. 630, 92 P.3d 642,
rev'd on other grounds
,
Jicarilla Apache Nation v. Rodarte
, 2004-NMSC-035, 136 N.M. 630, 103 P.3d 554.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 49 et seq.
3 C.J.S. Agriculture §§ 16, 50, 69, 73.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-2 - New Mexico livestock board created; transfer of powers; transfer of property.

A. In order to achieve the purposes set forth in Section 1 [77-2-1 NMSA 1978], there is hereby created a board to be known as the "New Mexico livestock board." The New Mexico livestock board shall have all powers which have heretofore been held by the cattle sanitary board or the sheep sanitary board and those powers are hereby transferred to the New Mexico livestock board.
B. Wherever in the NMSA 1978 the term "board" or "sanitary board" is used in relation to the sheep sanitary board or the cattle sanitary board, it shall mean the New Mexico livestock board. Wherever in the NMSA 1978 the terms [term] "sheep sanitary board" or "cattle sanitary board" are [is] used it shall mean the New Mexico livestock board.
C. Wherever in the NMSA 1978 the term "secretary," "secretary of the board," "secretary of the sheep sanitary board," "secretary of the cattle sanitary board" or any similar term is used in relation to the secretary of the sheep sanitary board or the secretary of the cattle sanitary board, it shall mean the executive director of the New Mexico livestock board.
D. All books, records, property and equipment of the sheep sanitary board and the cattle sanitary board are transferred to the New Mexico livestock board.
History:
1953 Comp., § 47-23-2, enacted by Laws 1967, ch. 213, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Memorandum of understanding is not a joint powers agreement
where it was not executed by the livestock board in an open meeting, it did not violate the Joint Powers Agreement Act, Sections 11-1-1 to 11-1-7 NMSA 1978, and it did not have to be approved by the secretary of the department of finance and administration.
Paragon Found., Inc. v. N.M. Livestock Bd.
, 2006-NMCA-004, 138 N.M. 761, 126 P.3d 577, cert. denied, 2006-NMCERT-001, 139 N.M. 272, 131 P.3d 659.
Regulation of cattle in interstate commerce.
— The cattle sanitary board (now New Mexico livestock board) can control, by regulation, feed, rest and water yards for cattle in interstate commerce, transported by trucks through New Mexico. 1960 Op. Att'y Gen. No. 60-100.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-4 - Compensation of members.

The members of the New Mexico livestock board shall receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
1953 Comp., § 47-23-4, enacted by Laws 1967, ch. 213, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-5 - Report of board.

It shall be the duty of the board during the first week in December of each year to transmit to the governor a report of its activities for the previous calendar year. This report shall contain a detailed account of all of the receipts and expenditures of money by the board, together with other facts relating to the livestock industry in New Mexico which may be of public interest. The report of the board shall be transmitted by the governor to the legislature.
History:
1953 Comp., § 47-23-5, enacted by Laws 1967, ch. 213, § 5.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-6 - Livestock board attached to New Mexico department of agriculture.

The board is attached for coordinative purposes to the New Mexico department of agriculture. The board shall execute a memorandum of understanding with the director of the New Mexico department of agriculture, identifying areas for cooperation and coordination of the activities of the board with those of the department of agriculture. Administrative and other services may be provided the board by the department pursuant to the terms of the memorandum of understanding. The board shall submit an annual report on its activities to the director. This section shall not be construed to affect the exercise of any board power or duty.
History:
1953 Comp., § 47-23-5.1, enacted by Laws 1977, ch. 256, § 3.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-7.1 - Brands; subject to change in ownership; fees for transfer.

Brands recorded in accordance with the provisions of Section 77-9-10 [77-2-7.4] NMSA 1978 are personal property of the person in whose name they are recorded. Ownership may be transferred in the same manner as other personal property. The fee for recording a transfer of ownership with the director of the New Mexico livestock board shall be a sum fixed by the board not to exceed the amount prescribed by law.
History:
Laws 1895, ch. 6, § 3; C.L. 1897, § 108; Code 1915, § 119; C.S. 1929, § 4-1405; 1941 Comp., § 49-905; 1953 Comp., § 47-9-5; Laws 1959, ch. 249, § 1; 1971, ch. 50, § 1; 1975, ch. 91, § 1; 1981, ch. 357, § 5; 1978 Comp., § 77-9-7, recompiled as 1978 Comp., § 77-2-7.1 by Laws 1999, ch. 282, § 103.
ANNOTATIONS
Recompilations.
— Laws 1999, ch. 282, § 103 recompiled former 77-9-7 NMSA 1978, relating to change in ownership of brands and fees for transfer, as 77-2-7.1 NMSA 1978, effective July 1, 1999.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1999, ch. 282, § 13, recompiled former 77-9-10 NMSA 1978 as 77-2-7.4 NMSA 1978, effective July 1, 1999.
The 1999 amendment,
effective July 1, 1999, recompiled former 77-9-7 NMSA 1978, which was assigned as this section.
The 1981 amendment
substituted "the amount prescribed by law" for "fifteen dollars ($15.00)" in the last sentence.
A brand is personal property, and may be sold and transferred
as other personal property.
Chavez v. Territory
, 1892-NMSC-014, 6 N.M. 455, 30 P. 903.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-7.2 - Registration of brands and marks; board.

Except as otherwise authorized by the board, the board is the sole authority for the registration of brands, marks or electronic identification on livestock in this state.
History:
Laws 1895, ch. 6, § 4; C.L. 1897, § 109; Code 1915, § 120; C.S. 1929, § 4-1406; 1941 Comp., § 49-906; 1953 Comp., § 47-9-6; Laws 1971, ch. 50, § 2; 1978 Comp., § 77-9-8, amended and recompiled as 1978 Comp., § 77-2-7.2 by Laws 1999, ch. 282, § 11.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, recompiled this section which was formerly 77-9-8 NMSA 1978 and deleted "livestock" preceding "board" in the section heading, and rewrote the section, which formerly read "The livestock board is the sole board for the registration of brands and marks on horses, mules, asses, cattle and sheep in this state."
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-7.3 - Brand books.

The board shall keep a suitable record of all registered brands, marks and electronic identification used for the identification of livestock in this state.
History:
Laws 1895, ch. 6, § 5; C.L. 1897, § 110; Code 1915, § 121; C.S. 1929, § 4-1407; 1941 Comp., § 49-907; 1953 Comp., § 47-9-7; Laws 1983, ch. 229, § 7; 1993, ch. 248, § 45; 1978 Comp., § 77-9-9, amended and recompiled as 1978 Comp., § 77-2-7.3 by Laws 1999, ch. 282, § 12.
ANNOTATIONS
Cross references.
— For certified copy of registration as prima facie proof of ownership,
see
31-7-1 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, recompiled this section which was formerly 77-9-9 NMSA 1978 and rewrote the section, which formerly read: "It is the duty of the New Mexico livestock board to keep a suitable record of all the brands used for the branding of horses, mules, asses and any cattle in this state."
The 1993 amendment,
effective June 18, 1993, substituted "any cattle" for "neat cattle".
The 1983 amendment
added the catchline and substituted "is the duty of the New Mexico livestock board to keep a suitable record of all" for "shall be the duty of the cattle sanitary board to keep a suitable book, to be known as the state brand book, in which shall be recorded."
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-7.4 - Recording before use; recording fee; conflicting brands.

A. A brand shall not be used until recorded. A facsimile of the brand and a recording fee fixed by the board shall be forwarded to the director. One certified copy of the recorded brand shall be furnished to the owner of the brand by the director when the brand is recorded.
B. The director shall immediately record the brand unless it has been recorded previously or conflicts with a prior recorded brand. In that event, the director shall return the facsimile unrecorded and charge a fee for the research.
C. Additional certified copies of brands recorded may be obtained from the director by the payment of a fee to be fixed by the board in a sum not to exceed the amount prescribed by law.
History:
Laws 1895, ch. 6, § 9; C.L. 1897, § 113; Code 1915, § 123; C.S. 1929, § 4-1409; 1941 Comp., § 49-908; Laws 1949, ch. 49, § 1; 1953 Comp., § 47-9-8; Laws 1959, ch. 249, § 2; 1971, ch. 50, § 3; 1975, ch. 91, § 2; 1981, ch. 357, § 6; 1978 Comp., § 77-9-10, amended and recompiled as 1978 Comp., § 77-2-7.4 by Laws 1999, ch. 282, § 13.
ANNOTATIONS
Cross references.
— For more than one brand prohibited,
see
77-2-7.7 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, recompiled this section which was formerly 77-9-10 NMSA 1978 and added the subsection designations; in Subsection A, deleted "in a sum not to exceed the amount prescribed by law" following "by the board" in the second sentence, and substituted "when the brand is recorded" for "immediately upon the brand being recorded" in the third sentence; in the last sentence of Subsection B, substituted "and charge a fee for the research" for "together with the fee"; and made stylistic changes throughout the section.
The 1981 amendment
substituted "the amount prescribed by law" for "fifteen dollars ($15.00)" in the second sentence and "a fee to be fixed by the board in a sum not to exceed the amount prescribed by law" for "three dollars ($3.00) a copy" in the last sentence.
Law reviews.
— For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3A C.J.S. Animals § 20.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-7.5 - Fees; disposition.

The fees for recording or researching brands and for furnishing certified copies of the recording or research shall be placed to the credit of the New Mexico livestock board interim receipts and disbursements fund.
History:
Laws 1905, ch. 30, § 1; Code 1915, § 124; C.S. 1929, § 4-1410; 1941 Comp., § 49-909; 1953 Comp., § 47-9-9; Laws 1993, ch. 248, § 46; 1978 Comp., § 77-9-11, amended and recompiled as 1978 Comp., § 77-2-7.5 by Laws 1999, ch. 282, § 14.
ANNOTATIONS
Cross references.
— For levy for livestock fund,
see
77-2-15 and 77-2-16 NMSA 1978.
The 1999 amendment,
effective July 1, 1999, recompiled this section which was formerly 77-9-11 NMSA 1978 and rewrote the section, which formerly read: "The fees to be paid to the director of the board for recording brands and for furnishing certified copies thereof shall remain as fixed by law. The fees when received by the director shall be placed to the credit of the New Mexico livestock board general fund."
The 1993 amendment,
effective June 18, 1993, added the current catchline; substituted "director of the board" for "secretary of the cattle sanitary board" in the first sentence; substituted "the director" for "said secretary"; deleted a provision pertaining to transmittal of fees and other moneys to the state treasurer; substituted "New Mexico livestock board general fund" for "cattle indemnity fund"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-7.6 - Brand book.

The director shall publish a brand book in which shall be given a facsimile or copy of all brands recorded in the office of the board, together with the owner's name and address. The board may publish if it deems best to do so a limited number of brand books in addition to the number required by the provisions of this section and to sell them for such price as the board considers reasonable and proper. The price shall not be less than the actual cost.
History:
Laws 1895, ch. 6, § 12; C.L. 1897, § 116; Code 1915, § 127; C.S. 1929, § 4-1413; 1941 Comp., § 49-912; 1953 Comp., § 47-9-11; Laws 1983, ch. 229, § 8; 1993, ch. 248, § 48; 1978 Comp., § 77-9-13, amended and recompiled as 1978 Comp., § 77-2-7.6 by Laws 1999, ch. 282, § 15.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, recompiled this section which was formerly 77-9-13 NMSA 1978 and substituted "The director shall publish" for "It is the duty of the executive director of the New Mexico livestock board to publish" at the beginning of the first sentence, substituted "may publish" for "is authorized to publish" in the last sentence, and deleted the former last sentence, which read "The board is authorized to revise from time to time the state record of brands by the cancellation of obsolete and unused brands and to provide by regulation for due notice of such revision."
The 1993 amendment,
effective June 18, 1993, substituted "the office of the board" for "his office" in the first sentence and deleted "New Mexico livestock" preceding "board" near the beginning of the second sentence.
The 1983 amendment
added the catchline and, in the first sentence, substituted "is the duty of the executive director of the New Mexico livestock" for "shall be the duty of the secretary of the cattle sanitary" and "address" for the language which began with "the county wherein he resides" and which included a sample of the form of the brand book, all as set out in the original pamphlet. The 1983 amendment also deleted the former second and third sentences, as set out in the original pamphlet, divided the former last sentence into the present last three sentences and substituted "New Mexico livestock" for "cattle sanitary" in the present second sentence and "The board is authorized to revise from time to time the" for "and from time to time revise said" in the last sentence.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-7.8 - Brands of minors.

Minors owning livestock separate from that of the parent or guardian may have a mark or brand, which shall be recorded in accordance with the requirement of The Livestock Code, but the parent or guardian shall be responsible for the proper use of the mark or brand by any minor.
History:
Laws 1895, ch. 6, § 14; C.L. 1897, § 118; Code 1915, § 129; C.S. 1929, § 4-1415; 1941 Comp., § 49-914; 1953 Comp., § 47-9-13; 1993, ch. 248, § 50; 1978 Comp., § 77-9-15, amended and recompiled as § 77-2-7.8 by Laws 1999, ch. 282, § 17.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, recompiled this section which was formerly 77-9-15 NMSA 1978 and substituted "owning livestock" for "owning horses, mules, asses or any cattle", substituted "mark or brand" for "mark and brand" two times, and substituted "The Livestock Code" for "this article".
The 1993 amendment,
effective June 18, 1993, added the current catchline; substituted "any cattle" for "neat cattle"; and made minor stylistic changes.
2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 2 - Livestock Board › Section 77-2-7.10 - Brands; board may reject.

The board shall have the power to reject any brand offered for record under the provisions of Section 77-9-16 [77-2-7.9] NMSA 1978 when upon satisfactory evidence it is shown to the board that the same is offered for or is of such character that may be used for malicious or deceptive purposes or is not in conformity with the provisions of Section 77-9-16 [77-2-7.9] NMSA 1978.
History:
Laws 1912, ch. 55, § 5; Code 1915, § 141; C.S. 1929, § 4-1427; 1941 Comp., § 49-917; 1953 Comp., § 47-9-16; 1993, ch. 248, § 52; 1978 Comp., § 77-9-18, recompiled as 1978 Comp., § 77-2-7.10 by Laws 1999, ch. 282, § 103.
ANNOTATIONS
Recompilations.
— Laws 1999, ch. 282, § 103 recompiled 77-9-18 NMSA 1978 as 77-2-7.10 NMSA 1978, effective July 1, 1999.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1999, ch. 282, § 18, recompiled former 77-9-16 NMSA 1978 as 77-2-7.9 NMSA 1978, effective July 1, 1999.
The 1999 amendment,
effective July 1, 1999, recompiled former 77-9-18 NMSA 1978, which was assigned as this section.
The 1993 amendment,
effective June 18, 1993, added the present catchline; deleted "Cattle Sanitary" preceding "board" near the beginning of the section; substituted "Section 77-9-16 NMSA 1978" for "Section 138 and 140" and for "Section 138" at the end of the section; and made minor stylistic changes.