Dogs and Domesticated Animals

NMSA 1978 ch. 77, art. 1

in effect

NMSA 1978, § 77-1-1 [Dogs, cats, domesticated fowls and birds are personal property.]

77-1-1. [Dogs, cats, domesticated fowls and birds are personal 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. Laws 1912, ch. 38, § 1; Code 1915, § 26; C.S. 1929, § 4-101; 1941 Comp., § 49-101; 1953 Comp., § 47-1-1.

NMSA 1978, § 77-1-2 Dog killing or injuring livestock; damages; dog to be killed

77-1-2. Dog killing or injuring livestock; damages; dog to be killed 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 is known that the dog is liable to kill livestock, and it shall be the duty of the owner to kill, or have killed, the dog upon order of the court after a finding that the dog has killed or injured livestock, and provided further, that it shall be the right of any owner of livestock so killed or injured by the actions of any dog to kill the dog while it is upon property controlled by the owner of the livestock. Laws 1901, ch. 105, § 2; Code 1915, § 219; C.S. 1929, § 4-2002; 1941 Comp., § 49-103; 1953 Comp., § 47-1-2; Laws 1957, ch. 131, § 1.

NMSA 1978, § 77-1-3 Vaccination of dogs and cats required

77-1-3. Vaccination of dogs and cats required 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 under the supervision of a licensed veterinarian who shall issue a serially numbered certificate and tag for each such administration. 1953 Comp., § 47-1-2.1, enacted by Laws 1959, ch. 176, § 1; 1973, ch. 170, § 1; 1977, ch. 253, § 55; 1979, ch. 194, § 1.

NMSA 1978, § 77-1-5 Vaccination of dogs and cats brought into state

77-1-5. Vaccination of dogs and cats brought into state 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 veterinarian in another state or foreign country and such vaccination conforms to the requirements of this state. 1953 Comp., § 47-1-2.3, enacted by Laws 1959, ch. 176, § 3; 1973, ch. 170, § 3.

NMSA 1978, § 77-1-6 Notice to health officer of animal bite; confinement; animal contact with rabid animals; animal rabies quarantine; procedure following death from rabies

77-1-6. Notice to health officer of animal bite; confinement; animal 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 quarantine and the disposition of dogs and cats exposed to rabies, in the interest of public health and safety. 1978 Comp., § 77-1-6, enacted by Laws 1979, ch. 194, § 2.

NMSA 1978, § 77-1-9 Dogs; destruction

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. 1953 Comp., § 47-1-2.7, enacted by Laws 1975, ch. 352, § 1.

NMSA 1978, § 77-1-10 Vicious animals; rabid or unvaccinated dogs and cats; failure to destroy

77-1-10. Vicious animals; rabid or unvaccinated dogs and cats; 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 any symptom of rabies. C. It is unlawful to fail or to refuse to destroy vicious animals or unvaccinated dogs or cats with symptoms of rabies as prescribed by regulation of the health and environment department [department of health] for the protection of public health and safety. Laws 1901, ch. 105, § 3; Code 1915, § 220; C.S. 1929, § 4-2003; 1941 Comp., § 49-104; 1953 Comp., § 47-1-3; Laws 1959, ch. 176, § 7; 1973, ch. 170, § 7; 1977, ch. 253, § 56; 1979, ch. 194, § 3.

NMSA 1978, § 77-1-12 Local control by ordinance; dogs and cats running at large

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. 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.

NMSA 1978, § 77-1-13 Penalty

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. 1978 Comp., § 77-1-13, enacted by Laws 1979, ch. 194, § 5.

NMSA 1978, § 77-1-15.1 Regulation and licensure of dogs; impoundment of animals; qualified service animals exempt

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. Laws 1979, ch. 194, § 7; 1989, ch. 242, § 4.

NMSA 1978, § 77-1-17 Abandoned dogs and cats; notice to owner; disposal without liability

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. 1953 Comp., § 47-1-9, enacted by Laws 1973, ch. 94, § 1.

NMSA 1978, § 77-1-18 Short title

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

NMSA 1978, § 77-1-19 Definitions

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. Laws 1993, ch. 43, § 2.

NMSA 1978, § 77-1-20 Sterilization agreement and sterilization deposit required

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. Laws 1993, ch. 43, § 3.

NMSA 1978, § 77-1-21 Animal welfare program

77-1-21. Animal welfare program 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 contract for services with an eligible entity, for a project to repair, renovate or operate an animal shelter, provided that a grant to repair or renovate shall only be for publicly owned facilities, and to purchase equipment and supplies or provide services for: (1) controlling loose or stray cats and dogs to mitigate threats to public safety, livestock or other domestic animals; (2) improving the enforcement of animal cruelty laws, including investigation and response to reports of animal cruelty; (3) reducing animal shelter intake and euthanasia rates or expanding animal shelter building facility capacity; (4) providing spay and neuter services; (5) providing shelter and care for cats and dogs seized by law enforcement that are suspected of being cruelly treated in violation of local, state or federal laws; or (6) developing, publishing or distributing animal welfare education and outreach materials to the public. B. To receive a grant or contract for services, an applicant shall apply to the department on forms and in a manner prescribed by the department. An application shall include: (1) a description of the proposed project; (2) a demonstration that the proposed project will meet one or more of the purposes provided in Subsection A of this section; and (3) details and specifics as to the reasonable expected costs and completion date of the proposed project. C. The department shall determine, through a competitive review process pursuant to rules promulgated by the department, which proposed projects are approved to receive a grant or contract for services. The department may adjust the amount of money requested for a proposed project based on its determination of the reasonable costs of the proposal. Once the projects are approved, the department shall promptly offer each applicant a grant or contract for services, as appropriate. If a grantee or contractor accepts an offer, the project may commence and the grantee or contractor shall report to the department on the progress of the project on a periodic basis, as determined by the department, including an accounting of expenditures made for the project. Funds allocated to an approved project shall be spent within two years of receiving a grant or contract for services, and if any unexpended or unencumbered balance remains at the end of the project period, the applicant shall immediately return that balance to the department. The department shall deposit returned amounts in the animal welfare program fund. D. The department shall promulgate rules to administer the animal welfare program. The rules shall include provisions to: (1) establish procedures for review, evaluation and approval of proposed project applications; (2) accord priority attention to areas with the greatest need for animal welfare projects; and (3) evaluate the ability and competence of an applicant to provide efficiently and adequately for the completion of a proposed project. E. On October 1 of each year, the department shall submit a report to the legislative finance committee on the animal welfare program that shall include: (1) for each funded project: (a) a description of the project; (b) the name of the grantee or contractor; (c) how much funding the project received; (d) the progress or completion of the project; and (e) how the project supports animal welfare; (2) the number and proposed costs of proposed projects that were approved for but did not receive funding due to the insufficiency of available funds for the animal welfare program; and (3) the total amount of administrative costs incurred by the department to administer the program. F. As used in this section: (1) "department" means the department of finance and administration; (2) "eligible entity" means a nonprofit organization whose primary purpose is to provide services that support the welfare of domestic cats and dogs; and (3) "equipment and supplies" means vehicles, equipment and tools, computer hardware and software, training materials and supplies that are necessary and directly related to providing support for animal welfare. Laws 2025, ch. 94, § 1.

NMSA 1978, § 77-1-22 Animal welfare program fund

77-1-22. Animal welfare program fund 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 department to administer the animal welfare program. Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of finance and administration or the secretary's authorized representative. Laws 2025, ch. 94, § 2.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18580/index.doFetched: 10/20/2026