§ 6.04.240. Restraint of dogs.

A.

A person owning or having charge, custody, care, or control over a dog, shall keep the dog upon his or her own premises by either a secure run or kennel area, an enclosure surrounding the perimeter of the property, or on a trolley device, or any other acceptable means. Direct point chaining to stationary objects is prohibited. Any dog not deemed dangerous and not within a secure enclosure may be restrained by means of a trolley system, or a tether attached to a pulley on a cable run on its owner's property, subject to the following conditions:

1.

No canine hybrid can be tethered to a trolley system.

2.

Trolley system shall not be used for any dog that has not been sterilized.

3.

Only one (1) dog per household may be tethered to a trolley system.

4.

There must be a swivel on each end of the tether to minimize tangling.

5.

The tether and cable run must be of adequate size and strength to effectively restrain the dog. The size and weight of the tether must not be excessive, as determined by the Animal Protection Officer, considering the age, size and health of the dog.

6.

The cable run must be at least ten (10) feet in length and mounted either at ground level or at least four (4) feet above ground level.

7.

The trolley system must be designed to prevent the dog from being within four (4) feet of the property boundary.

8.

A dog attached to a trolley system shall be surrounded by a barrier on each side adjoining a public access. The barrier shall be sufficient to prevent children from accidentally coming into contact with the dog.

9.

The tether must be at least ten (10) feet in length unless such length allows the dog to move within four (4) feet of the legal boundary of the property, in which case the tether shall be no less than eight (8) feet in length. If the size of the property will not allow a tether of no less than eight (8) feet, a trolley system shall not be used.

10.

The tether must be affixed to the dog by use of a non-abrasive, comfortably fitted harness. Prong-type, pinch-type, or choke collars shall not be used.

11.

The device must be fastened so that the dog can sit, walk, and lie down comfortably, and must be unobstructed by objects that may cause the device or dog to become entangled or strangled.

12.

The dog must have easy access to adequate shelter, shade, food, and potable water.

13.

The area where the dog is confined must be kept free of garbage and other debris that might endanger the animal's health or safety. Feces shall be cleaned up daily.

14.

The area where the dog is confined must be kept free of insect infestation, such as anthills, wasps' nests, and infestations of fleas, ticks or maggots.

B.

Any dog deemed dangerous shall be confined as defined in Chapter 6.05 of this title, but does not include chaining, restraining, or otherwise affixing the animal to a stationary object.

C.

The use of a crate is prohibited as a means of outdoor confinement.

D.

Secure run or kennel area must provide, as a minimum, seventy-five (75) square feet of area for each dog weighing less than thirty (30) pounds; one hundred (100) square feet for each dog weighing between thirty (30) and fifty-nine (59) pounds, one hundred twenty-five (125) square feet per dog over sixty (60) pounds.

E.

A dog is permitted on the street and in other public places only if on a secure leash not exceeding six (6) feet in length. Longer retractable leashes may be used, provided the person with the dog is capable of controlling the dog. All other animals must be secured in a fashion acceptable for the species of animal. A person physically capable of controlling and restraining the animal must exercise immediate custody. This section does not apply when an animal is participating in a bona fide animal show authorized by the City or appropriate authorities.

F.

Nothing in this section shall be construed as allowing any animal under physical restraint to commit any act defined as unlawful in this chapter.

G.

A person who uses electric or invisible fencing designed to confine an animal to his property must clearly post a notice in two (2) separate locations upon the property that such a device is in use.

(Ord. No. 1024, 11-2-2009)

State law reference

Authority to prohibit the running at large of animals, NMSA 1978, §§ 3-17-1 (1993), 3-18-3(A)(2) (1971), 77-1-12 (1979).