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City of Española, NM
Rio Arriba County
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Table of Contents
Table of Contents
It is unlawful for any person to willfully or maliciously kill, maim, disfigure, torture, kick, beat with a stick, chain, club or other object, mutilate, burn or scald with any substance any animal, except that reasonable force may be employed to drive off vicious or trespassing animals.
It is unlawful for any person to drive or work any animal cruelly.
It is unlawful for any person to fail, refuse or neglect to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink, shade, care or shelter, or to carry an animal in or upon any vehicle in a cruel or inhumane manner. Any animal habitually kept outside shall be provided with a structurally sound, weatherproof enclosure, large enough to accommodate the animal.
It is unlawful for any person having charge, custody or ownership to abandon any animal. All animals which are to be abandoned may be turned over to the animal control center or the animal shelter for adoption.
It is unlawful for any person by any means to make accessible to any animal, with the intent to cause harm or death, any substance which has in any manner been treated or prepared with any harmful or poisonous substance. It is not the intent of this section to prohibit the use of poisonous substances for the control of vermin of significance to the public health.
When the Director finds that any animal is or will be without proper care because of injury, illness, incarceration or absence of the owner or person responsible for the care of the animal, the Director may take up the animal for protective care; and, in the event of sickness or injury, upon the advice of a licensed veterinarian, the Director may take such action as called for to prevent undue pain and suffering, including immediate destruction of the animal.
A. 
Every operator of a motor vehicle or other self-propelled vehicle upon the streets and ways shall immediately, upon injuring, striking, maiming or running down any animal, give aid as is reasonably able to be rendered. In the absence of the owner, he shall immediately notify the animal control center, furnishing sufficient facts relative to the injury.
B. 
Every such operator shall remain at or near the scene until the appropriate authorities arrive, and upon the arrival of the appropriate authorities, the operator shall immediately identify himself to them. Alternatively, in the absence of the owner, a person may give aid by taking the animal to a veterinary hospital or the animal control center. The animal shall be deemed an abandoned animal within the meaning of § 137-37 of this chapter. This provision does not apply to operators of emergency vehicles.
It is unlawful to hobble livestock or other animals by any means which may cause injury or damage to any animal.
It is unlawful to have, keep or harbor any animal which is infected with any dangerous or incurable or painfully crippling condition except as provided in this chapter. The Director may impound the diseased or painfully crippled animal in accordance with the provisions of this chapter. All such animals impounded, following examination and approval by a veterinarian, may be destroyed humanely as soon thereafter as is conveniently possible. In the case of destruction of an animal, the Director shall not be required to give any of the notices provided in this chapter. This section shall not be construed to include veterinary hospitals or animals under active veterinary care.
It is unlawful for any person to promote, stage, hold, manage, conduct, carry on or attend any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming or destroying themselves or any other animal.
It is unlawful for any person to confine, or the Director to confine or impound, any wild or domestic fowl or bird unless provisions are made for the proper feeding and the furnishing of water to the fowl or bird at intervals not longer than 12 hours; and unless provisions are made that the crate, box or other enclosure in which fowl or bird is confined or impounded permits the fowl or bird to stand in a naturally erect position.
It is unlawful to willfully kill any bird, or to molest or rob the nest of a bird.