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644 TOWN OF TAOS O-RDINANCES YEAR: 1 977 NUMBER: X44 j ORDINANCE NO. 644 AN ORDINANCE PROVIDING FOR THE LICENSING, REGULATING, VACCINATION, AND DAPOUNDING OF DOGS AND CATS WITHIN THE MUNICIPAL BOUNDARIES AND PRESCRIBING A PENALTY FOR VIOLATION. BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF TAOS, NEW MEXICO: ARTICLE I: WORDS AND PHRASES DEFINED. Section 1. Definitions. (a) Owner: Any person, group of persons or corporation owning, keeping, or harboring a dog or cat; (b) Vaccination: Injection of a vaccine, approved by the State Board of Public Health and administered by a licensed veterinarian for the ,} purpose of immunizing a dog against rabies; (c) Exposed to rabies: A dog or cat is considered exposed to rabies if bitten by any other animal known to be infected with rabies or if it is known that the dog or cat has been in contact with an animal known.. or reasonably suspected to have rabies; (d) Bite or bitten: An actual puncture or tear of the skin inflicted by the teeth of an animal; (e) Spayed Female: A female dog or cat which has been operated upon by a licensed veterinarian to prevent conception permanently, as attest- ed to by a document signed by the veterinarian to the effect that such an operation has been performed; (f) Dog: Any dog, bitch, or whelp over three (3) months of age; (g) Cat: Any male or female Felidae over three (3) months of age; (h) Animal Control Officer: Any person designated by the Town of Taos to carry out the purposes of this Ordinance. The City Police of the Town of Taos is ex officio hereby designated as Animal Control Officer for the Town, except that, if the Town Council should desig- nate any other person in that capacity, the City Police shall cease to be ex oficio Animal Control Officer, except that nothing herein said shall be construed to prevent the City Police- from acting as the Town law enforcement officer to enforce the laws of the Town as provided herein; (i) Running at Large Means: Off or away from the premises of the owner, possessor or keeper and not under the control of such owner; possessor or keeper of his agent or servant or member of his immedi- ate family, either by leash, cord or chain, not more than ten (lb) feet in length. ARTICLE II: HEALTH PROVISIONS: VACCINATION AND BITES. Section 1. Annual Vaccination of Dogs and Cats Required. (a) It shall be the duty of every owner of a dog or cat within the Town boundaries to have the dog or cat vaccinated annually by a licensed veterinarian; (b) All dogs and cats shall be vaccinated annually. Upon completion of the vaccination the veterinarai n shall give the dog' s owner a certificate attesting to the vaccination and a metal tag to be affix- ed to the animal' s collar. Section 2. Vaccination Certificates and Tags. (a) The vaccination certificates shall be prepared by the veterinarain in duplicate retaining one for his record and giving, a copy to the owner. The certificate shall include the following: w 0 • 1 1 (1) The name and address of the owner or harborer of the Inoculated dog or cat; (2) The date of the inoculation; (3) The year and series number of the tag; (4) The breed, age, color and sex of the inoculated animal; (5) The type and brand name of the rabies vaccine used. (b) The copy of vaccination certificate shall be retained by the owner and presented to the 'Town Clerk when applying for a license; (c) A metal tag shall be given to the owner to be attached to the collar of the inoculated dog or cat. Each tag shall bear the name: "Town of Taos" and shall have a separate number; (d) Neither the certificates or tags are transferable to another animal; (e) Replacement tags may be purchased from the Town Clerk; (f) Dogs or cats brought into the Town having a current vaccination shall be held in compliance with this Ordinance if the animal has been vaccinated with approved vaccine within the past twelve (12) calendar months. (1) If an imported dog or cat remains in the Town for more than thirty (30) days, then it shall be registered in accordance with the provisions of this Article; (2) The requirements for vaccination shall not apply to dogs or cats belonging to non-residents of the Town when the animal is kept at all times within a building or vehicle or under immedi- ate control. Section 3. Reporting Requirements When Persons are Bitten. (a) It shall be the duty of every physician to report to the State Health Department and Town Clerk concerning the biting of any person by a dog, cat or other animal. If a child is bitten it shall be the duty of the parent or guardian of the child to make a report to the State Health Department and Town Clerk concerning the bite. If an adult is bitten it is his duty or the duty of those caring for him j to make such a report. The requirements for the report are: (1) Made within twelve (12) hours after the bite; (2) Name, age, sex and address of the person bitten; (3) Type and location of the bite; (4) If possible the address where the bite occurred; and (5) Address of the owner of the animal; (6) Description of an immunization status of the animal. Section 4. Requirements When a Dog or Cat is Bitten by a Rabid Animal. (a) Whenever a dog, cat, or other animal is bitten by a rabid animal or an animal later proves to have been rabid, it shall be the duty of the owner of the animal that is bitten to report that fact to the District Health Officer and the Town Clerk; (b) It shall be the duty of the owner of the bitten animal to either kill or have his bitten animal killed; unless (1) The animal which was bitten had been vaccinated against rabies at least three (3) weeks before being bitten and has a current vaccination; and (2) If the bitten animal has a current vaccination, it shall be confined for ninety (90) days; and (3) The bitten animal shall be released from confinement only upon written order from a veterinarian, who declares the animal to be free of rabies; and (4) If the animal is found to have contracted rabies during confinement it shall be killed and properly disposed of. -2- A. 00 1 Section 5. Confinement and Inspection of a Dog which has Bitten a Person. (a) When any person is bitten by an animal, it is the duty of such person or his parent or guardian and of the owner or keeper of the animal immediately to notify the District Health Officer and To,;n Cl erk; (b) The owner or keeper of the animal shall immediately and at his own expense securely confine the animal for a period of at least ten (10) days at a place designated by the District Health Officer or Town Clerk; (c) If the animal dies during the confinement period, the head of the animal shall immediately be sent to a laboratory designated by the State Board of Pi.iblic Health. t Section 6. Quarantine. f (a) When the Town is notified by the State Health Department that there is danger that rabies exists and may spread within its juris- diction, it shall publish a notice In the official newspaper or news- papers of the Town that all owners of dogs or cats shall confine those animals; (b) During the quarantine no dogs or cats shall be removed from the Town; (c) Any dog or cat running at large during the :quarantine may be killed by any law enforcement officer; (d) The only dogs allowed to move about during the quarantine are guide dogs being used by a blind person. ARTICLE III. Section 1. License Required. (a) No dog or cat owner shall keep any dog or cat within the Town after sixty (60) days from the effective date of this Ordinance, un- less a license therefor has first been secured. Licenses shall be issued by the Town Clerk for a ftZ Qfj?. 0 for each neutered male or shaved Tema an 3.50 for each un-neutered male or unspayed female. An applican 'or a license for a spayed female shall present a statement from a qualified veterinarian indicating that the animal has been spayed and giving the date of the operation. Licenses shall expire on the last day of the same month of issuance. in the year next following their issuance; (b) No licenses shall be issued unless the owner produces the vaccin- ation certificate issued by the veterinarian who gave the animals its vaccination in accordance with Section 47-1-2.1 through Section 47-1- 2.6 NMSA 1953. No licensing fees shall be required to be paid for a dog trained to lead a blind person if that dog is used for that pur- pose by a blind person. Section 2. Date of Payment. It shall be the duty of each owner of a clog or cat to pay the license fee imposed in Section 1. to the Town Clerk on or before sixty (60) days from the effective date of this Ordinance. The Clerk shall cause a notice of the necessity of purchase of the license fee to be published in The Taos News no less than one (1) week from the effective date. Thereafter, new licenses must be acquired within thirty (30) days of acquiring ownership and possession of an unlicensed animal, or establishing residence in the Town, or on or before expiration o' the license term specified above. -3- 1 I , i Section 3. Receipts and Tags. Upon the payment of the license fee, the To•,rn Clerk shall execute a receipt in duplicate. She shall deliver the original receipt to the person who pays the fee, retaining the duplicate. She shall also procure a sufficient number of suitable metallic tags, and shall deliver one appropriate tag to the owner when the fee is paid. Section 4. Affixing Tags. The owner shall cause said tag to be affixed by a permanent metal fastening to the collar of the animal so licensed in such a manner that the tag may be easily seen by officers of the Town. The owner shall see that the tag is constantly worn by such animal. Section 5. Impounding. Sixty (60) days after the taking effect of this Ordinance the Cify Police or Animal Control Officer of the Town shall take up and impound any dogs or cats found in the Town without valid license tags provided in Article II, Section 2 and Article III, Section 1 hereof, and shall impound any dogs found running at large as provided in Article IV, Section 1. Officers shall be authorized to enter upon any unenclosed lot or enclosed lot or premises for the purpose of enforcing this section; however, this shall not be construed to allow any unconsented or prohibited entry into any home, enclosed lot, or portion of any other building not directly and normally acces- sible to the public unless the officer acquires a warrant from a court of law allowing such an entry and search of the premises. Section 6. Redemption. Any dog or cat may be redeemed from the pound by the owner within the time stated in the notice by the payment to the Clerk of the license fee for the current year, if the animal was un- licensed, and an impounding fee of $10.00, plus a charge of $3.00 per day for each day or portion of a day the animal was confined. Section 7. Release. Upon presentation of a correct license tag and a receipt for a license for the current year and for the fees provided in Section 1 above, the poundmaster shall release to the owner the dog or cat he claims to own. Section 8. Duplicate Tags. In case any license tag is lost, duplicates may be issued by the Clerk upon presentation of a receipt showing the payment of a license fee for the current year for that animal. A charge of $1.00 shall be made for each such duplicate tag. Section 9. Offenses Involving Tags. It is unlawful to counterfeit tags provided in Section 3. It is unlawful to take a tag from one animal and place it on another. ARTICLE IV. Section 1. Running at Large Prohibited. It shall be unlawful for any owner, possessor or keeper of any dog to permit the same to run at large within the Town. Section 2. Place of Impoundment. The Town shall establish or designate a holding facility as the place of impoundment. Such facility shall conform to the following minimum requirements: -4- (a) Structural Strength. Holding facilities for animals shall be structurally sound and shall be malntai.ned in good repair, to protect the animals from injury, to contain the animals, and to restrict the entranct of other animals; (b) All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition; (c) All animals shall be so maintained as to eliminate excessive and night-time noise; (d) No animals shall be without attention for more than twelve (12) consecutive hours; (e) Every reasonable precaution shall be used to insure that animals are not reased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means; (f) No condition shall be maintained or permitted that is or could be injurious to the animals; (g) Animal buildings and enclosures shall be so constructed and main- tained as to prevent escape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public; (h) The holding facility shall isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals shall at all times be isolated from the other animals; (i) Every building or enclosure wherein animals are maintained, shall be constructed of material easily cleaned and shall be kept in a sani- tary condition. The bulding shall be properly ventilated to prevent drafts and to remove odors. Heating and colling shall be provided as required, according to the physical needs of the animals, with suf- ficient light to allow observation of animals and sanitation; (j) All animal rooms, cages, kennals and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein; (k) Provide proper shelter and protection from the weather at all times; (1) Not give an animal any t.lcoholic beverage, unless prescribed by a veterinarian; (m) Not allow animals which are natural enimies, temperamentally un- suited, or otherwise incompatible, to be quartered together or so near each other as to cause injury, fear or torment; If two or more animals are so trained that they can be place to- gether and do riot attack each other or perform or attempt any hostile act to the others, such animals shall be deemed not to be natural enemies. Section 3. Notification of Owner of Impounded Cat or Dog. (a) If the identity of the owner of an impounded dog or cat is known he shall be notified of the impoundment of his dog or cat; (b) Impounded dogs and cats shall be kept for seven (7) days at which time if the animal has not been claimed it shall either be humanely killed or be released for sale to a person upon payment of the pound charge plus a service fee of $10.00. Any dog or cat taken from the pound in such a manner shall have received its vaccination and license prior to departure from the pound. The person buying the animal shall to liable for vaccination and license charges; (c) If the identity of the owner of the impounded dog or cat is not known and if the animal is suffering due to accident and/or disease, the new director of the designated holding facility, upon the advice of a veterinarian, in his sole discretion, may humanely kill said animal. -5- 39 Section 4. Dogs Trained as Guide Dogs to Assist the Blind. Guide dogs trained. to lead the blind shall be permitted to enter into all public buildings, hotels, restaurants, and other public conveyance in the Town. ARTICLE V. Section 1. Penalties. Any person who violates any of the provisions of this Ordinance shall be liable to penalty of $10.00 for the first offense and not less than $25.00 nor more than $50.00 for each subsequent offense in an action at law brought by the Town. Section 2. Saving Clause. If any of the sections, 'subsections, sentences, clauses or phrases are for any reason held to be unconstitutional or invalid, the validity of the remaining portions of this Ordinance shall not thereby be affected, since it is the express intent of the governing body to pass each section, phrase, paragraph, and word separately. Section 3. Repealing Clause. Any Ordinance or part thereof solely relating to animals or the control of the same heretofore imposed by the Town and that are in conflict with this Ordinance are hereby re_pe led. Section 4. Effective date. This ordinance shall take effect Sep-- ! , 1977. PASSED, ADOPTED AND APPROVED this 1 9th day of July , 1977. TAOS TOWN COUNCIL BY: OR A ST. TOWN -6- t . I ' 1 I AMENDED ORDINANCE NO. 644 AN ORDINANCE PROVIDING FOR THE LICENSIPIG, REGULATING VACCINATION, AND IMPOUNDING OF DOGS AND CATS WITHIN THE MUNICIPAL BOUNDARIES AND PRESCRIBING A PENALTY FOR VIOLATION. BE IT ORDAINED BY THE GOVERNING BODY OF THE TOVIN OF TAOS, NEW MEXICO: ARTICLE I: WORDS AND FiIRASES DEFINED. Section l.. Definitions. (a) Owner: Any person, group of persons or corporation owning, keeping or harboring a. clog or cat; r (b) Vaccination: Protection provided against rabies by i nnoculation with anti-rabies vaccine recognized and approved by the Il. Ei. Department ol' Agriculture, Bureau of Animal Industry, State of New Mexico Rabies Control Act of 195c?, given in an amount sufficient to provide immunity from rabies for ,n minimum of one (1) ,yeas; (c) Exposed to rabies: A dog or cat is considered exposed to rabies if bitten by any other animal known to be infected with rabies or if it is known that the dog or cat has been in contact with an animal known or reasonably suspected to have rabies; (d) Bite or bitten: An actual, puncture or tear of the skin inflicted by the teeth of an animal; (e) Spayed Female: A female dog or cat which has been operated upon by a licensed veterinarian to prevent conception permanently, as attest- ed by a document signed by the veterinarian to the effect that such an operation has been performed; (f) Dom: Any dog, bitch, or whelp over three ('3) months of age; (g) Cat: Any male or female Felidae over three ("3) months of age; (h) Animal Control Officer: Any person designated. *:)y the Town of Taos 'L"'o carry out the purposes of this Ordinance. The City olive of the Town of Taos is ex officio hereby designated as Animal Control Officer for the `Down, except that, if the Town Council should desig- nate any other person in this capacity, the City Police shall cease to be ex oficio Annima.l Control Officer, except that nothing herein said shall be construed to prevent the City Police from acting as the Town law enforcement officer to enforce the laws of the Town as provided herein; (i) RunninL; at Large Means: Off or away from the premises of the owner, possessor or keeper and not under the control of such owner, possessor or keeper or his agent or servant or member of his immedi- ate family, either by leash, cord or chain, not more than ten (10) feet in length; ( 1) Neutered Male: A male dog or cat which has been operated upon by a licensed veterinarian to render him incapable of spermatogensis, as attested by a document signed by the veterinarian to the effect that such an operation has been performed; (k) Enclosed Lot: Parcel of lane or portion thereof in private owner- ship around the perimeter of which a wall or fence has been erected; (1) Licensed Veterinarian: A person with a Doctor of Veterinary Medi - cine Degree licensed to practice in the State of New Mexico; (m) Nuisance: Means but is not limited to defecation, disturbing the peace, emitting noxious or offensive odors or otherwise endangering i or offending the well-being of the inhabitants of the Town of Taos; f (n) Vicious Animal: Any animal which shall bite or in any other manner attack or attempt to attack any person within the Town of Taos except that any animal that bites, attacks, or attempts to attack any person unlawfully upon its owner's or keeper' s premises, or which is provoked to attack, shall not be deemed a vicious animal. ARTICLE II: HEALTH PROVISIONS: VACCINATION AND BITES. Section 1. Annual Vaccination of Dogs and Cats Required. (a) It shall be the duty of every owner of a dog or cat within the Town boundaries to have the dog or cat vaccinated annually by a licensed veterinarian; (b) All dogs and oats shall be vaccinated annually. Upon completion of the vaccination -the veterinarian shall give the dog' s owner a certificate attesting to the vaccination and a metal tag to be affix- ed to the animal's collar. Section 2. Vaccination Certificates and Tags. (a) The vaccination certificates shall be prepared by the veterinarian in duplicate retaining one for his record and giving a copy to the owner. The certificate shall include the following: (1) The name and address of the owner or harborer of the innoculated dog or cat; (2) The date of the inoculation; (3) The year and series number of the tax; (4) The breed, age, color and sex of the inoculated animal; (5) The type and brand name of the rabies vaccine used. (b) The copy of vaccination certificate shall be retained by the owner and presented to the Town Clerk when applying for a license; (c) A metal tag shall be given to the owner to be attached to the collar of the inoculated dog. Each tag shall bear the name: "Town of Taos" and shall have a separate number; (d) Neither the certificates or tags are transferable to another animal; (e) Replacement tags may be Purchased from the Town Clerk; (f) Dogs or cats brought into the Town having a current vaccination shall be held in compliance with this Ordiance if the animal has been vaccinated with approved vaccine within the past twelve (12') calendar months. (1) If an imported dog or cat remains in the Town for more than thirty (30) days, then it shall be registered in accord- ance with the provisions of this Article; (a) The requirements for vaccination shall not apply to dogs or cats belonging to non-residents of the Town when the animal is kept at all times within a building or vehicle or under immediate control. Section 3. Reporting Requirements When Persons are Bitten. (a) It shall be the duty of every physician to report to the State Health Department and Town Clerk concerning the biting of any person by a dog, cat or other animal. If a child is bitten it shall be the duty of the parent or guardian of the child to mal;e a report to the State Health Department and Town Clerk concerning. the bite. If an adult is bitten it is his duty or the duty of those caring for him to make such a report. The requirements for the report are: -2- (1) Made within twelve (12) hours after the bite; (2) Name, age, sex and address of the person bitten; (3) Type and location of the bite; (4) If possible the address where th bite occurred; and, (5) Address of the owner of the animal; (6) Description of an immunization status of the animal. Section 4. Requirements When a Dog or Cat is Bitten by a Rabid Animal. (a) Whenever a dog, cat, or other animal is bitten by a rabid animal or an animal later proves to have been rabid, it shall be the duty of the owner of the animal that is bitten to report that fact to the District Health Officer and the Town Clerk. (b) It shall be the duty of the owner of the bitten animal to either kill or have his bitten animal killed; unless (1) The animal which was bitten has been vaccinated against rabies at least three (3) weeks before being bitten and has a current vaccination; and (2) If the bitten animal has a current vaccination, it shall be confined for ninety (90) days; and (3) The bitten animal shall be released from confinement only upon written order from a veterinarian, who declares the animal to be free of rabies; and (4) If the animal is found to have contracted rabies during confinement it shall be killed and properly disposed of. Section 5. Confinement and Inspection of a Dog which has Bitten a Person. (a) When any person is bitten by an animal, it is the duty of such person or his parent or guardian and of the owner or keeper of the animal immediately to notify the District Health Officer and Town Clerk; (b) The owner or keeper of the animal shall immediately and at his own expense securely confine the animal for a period of at least ten (10) days at a place designated by the District Health Officer or Town Clerk; (c) If the animal dies during the confinement period, the head of the animal shall immediately be sent to a laboratory designated by the " cate Board of Health. Section 6. Quarantine. (a) When the Town is notified by the State Health Department that there is danger that rabies exists and may spread within its juris- diction, it shall publish a notice in the official newspaper or news- papers of the Town that all owners of dogs or cats shall confine those animals; (b) During the quarantine no dogs or cats shall be removed from the Town; (c) Any dog or cat running at large during the quarantine may be killed by any law enforcement officer; (d) The only dogs allowed to move about during the quarantine are guide dogs being used by a blind person. ARTICLE III. Section 1. License Required. -3- (a) No dog or cat owner shall keep any dog or cat within the Town after sixty (60) days from the effective date of this Ordinance, un- less a license therefor has first been secured. Licenses shall be Issued by the Town Clerk for a fee of $2.50 for each neutered male or spayed female and $3.50 for each un-neutered male or unspayed female. An applicant for a license for a spayed female ,,hall present a statement from a qualified veterinarian indicating that the animal has been spayec' and giving the date of the operation. licenses shall. expire on the lf,st day of the same month of issuance in the year next following their issuance; (b) No licenses shall I-e issued unless the owner produces the vaccin- ation certificate issued by the veterinarian who gave the animals its vaccination in accordance with Section 77-1-3 .through Section 77-1- 14 r?MSA 1878. No .Licensing fees shall be required to be paid for a dog trained to lead P. blind person if that dog is used for that pur- pose by a blind person. (c) Any owner presenting a certificate from a qualified licensed veterinarian to the effect that the animal to be licensed has been spayed or neutered and the date of such operation, shall obtain a life- time license for the animal for a fee of $2.50. This Section does not exempt said animals from the annual vaccination requirements set-forth in this Ordinance. Section 2, Date of Payment. It shall be the duty of each owner of a. dog or cat o pay e-license fee imposed in Section 1. to the Town Clerk on or before sixty (t)'0) days from the effective date of this Ordinance. The Clerk shall cause a notice of the necessity of purchase of the license fee to be published in The Taos News no less than one (1) week from the effective date. Thereafter, new licenses must be acquired within thirty (30) days of acquiring ownership and possession of an unlicensed animal, or establishing residence in the Town, or on or before expiration of the license term specified above. Section 3. Receipts and Tags. Upon the payment of the license fee, the Town Clerk shall execute a. receipt in duplicate. She shall deliver the original receipt to the person who pays the fee, retaining the duplicate. She shall also procure a sufficient number of suitable metallic tags, and shall deliver one appropriate tag to the owner when the fee is paid. Section 4. Affixing Tags. The owner shall cause said ta.g to be affixed by a permanent metal fastening to the collar of the animal. so licensed in such a manner that the tag may be easily seen by officers of the Town. The owner shall see that the tag is constantly worn t)y such animal, sinless in a reslden(�e or permanent. kennel . Section 5. Impounding. Sixty (60) days after the taking effect of this Ordinance the City Police or Animal Control Officer of the Town shall take up and impound any dogs found in the Town without valid license tags provided in Article II, Section 2 and Article III, Section 1 hereof, and shall impound any dogs found running at large as provided in Article V, Section 1. Officers shall be authorized to enter upon any unenclosed lot or enclosed lot or premises for the purpose of enforcing this section; however, this shall not be construed to allow any unconsented or prohibited entry into any home, enclosed lot, or portion of any other building not directly and normally accessible to the public unless the officer acquires a warrant from a court of law allowing such an entry and search of the premises. -4- a Section 6. Redemption. Any dog or cat may be redeemed from the pound by the owner within the time stated in the notice by the payment to the Clerk of; the license fee for the current year, if the animal was un- licensed, an impounding fee of $10.00, plus a charge of $25.00 to cover the actual cost of impoundment. Section 7. Release. Upon presentation of a correct license tag and a receipt for a license for the current year and for the fees provided in Section 1 above, the poundmaster shall rlease to the owner the dog or cat he claims to own. Section 8. Duplicate Tags. In case any license tag is lost, duplicates may be issued by the Clerk upon presentation of a receipt showing the payment of a. license fee for the current year for that animal.. A charge of $1.00 shall be made for each such duplicate tag. ARTICLE IV. Section: 1. Place of Impoundment, The Town shall establish or designate a holding .facility as the place of impoundment. Such facility shall conform to the following miniminn requirements: (a) Structural Strength. Holding facilities for animals shall be structurally sound and shall be maintained in good repair, to pro- tect the animals from injury, to contain the animals, and to re- strict the entrance of other animals. (b) All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition. (c) All animals shall be so maintained as to eliminate excessive and night-time noise; (d) No animals shall be without attention for more than twelve (12) consecutive hour:,; (e) Every reasonable precaution shall be used to insure that ani- mals are not reased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means; (f) No condition shall be maintained or permitted that is or could be injurious to the animals; (P) Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. All reasonable pre- cautions shall be taken to protect the public from the animals and the animals from the public_; (h) The holding facility shall isolate sick animals sufficiently so as not to endanger the health of other animals, Sick animals shall at all times be isolated from the other animals; (i) Every building or enclosre wherein animals are maintained, shall be constructed of material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and remove odors. Heating and cooling shall be pro- vided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation. (j) All animal rooms, cages, kennals and runs shall be of suffic- ient size to provide adequate and proper accommodations for the ani- mals kept therein; (k) Provide proper shelter and protection from the weather at all times; (1) Not give an animal any alcoholic beverage, unless prescribed by a veterinarian; -5- (m) Not allow animals which are natural enemies, t:mperamentally unsuited, or otherwise incompatible, to be quartered together or so near each other as to cause injury, fear or torment; If two or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any 1 hostile act to the others, such animals shall be deemed not to be natural. enemies. Section 2. Notification of Owner of Impounded Cat or Dog. (a) If the identity of tt:c owner of an impounded dog or cat is known he shall_ be notified of the impoundment of his dog or cat; (b) Impounded dogs and cats shall be kept for seven (7) days at which time if the animal has not been claimed it shall either be humanely killed or be released for sale to a person upon payT,ent of the pound charge plus a. service fee of $10.00. Any dog or cat taken from the pound in such a manner shall have re^eived its vaccination and license prior to departure from the pound. The person buying the animal shall be liable for vaccination and license charges; (c) If the identity of the owner of t;hc impounded dog or cat is not known and if the animal is suffering duc to accident and/or disease, the Director of the d esignaL,ad holding facility, upon the advise of a veterinarian, in his sole discretion, may humanely Ell said animal, ARTICLE V. PROHIBITED ACTIVITIES. (a) Animals Running at Large. It is unlawful for any person to allow or permit any animal to run at large in or on any street, alley, side- walk, vacant lot, public property, or other unenclosed space in the Town or private property without the permission of the owner thereof'. Any animal permitted to run at large in violation of this section is declared to be a nuisance, a menace to the public_ health and ,safety, and may be taken up and impounded as provided in Article ITT, .Section 5. Notwi.thsta.nding, any provision herein, cats are not required to be leashed; (b) Animals on Unenclosed Premises. Tt is unlawful for any person Lo rhain, stake out, graze or herd any animal on any unenclosed premises in such a manner that such an animal, may f-o beyond the prop- erty line; (c) Vicious Animals. it is unlawful for any person to keep or har- bor a vicious animal in the 'Town of Taos. Any person attacked by a vicious animal while on public property may use reasonable force to repel said attack, After a ,judicial determination that an animal is vicious the owner or keeper of such vicious animal. shall destroy it, humanely or turn such animal over to the Animal Control Officer for destruction. (d) Animals Disturbing the Peace. It is unlawful for any person to allow any animal to persistently or continuously bark, howl or make noise common to their species, or otherwise to disturb the peace and quiet of the inhabitants of the Town of Taos, or to keep or maintain in such a manner as to disturb by noxious or offensive odors , or otherwise endanger the health and welfare of the inhabitants of the Town of Taos; (e) Animal Nuisances on Sidewalks, Public Parks, Alleys and Other r Places Open to the Public. It is unlawful for the owner of any animal to permit, either w1 u ly or through failure to exercise due care or control, any such animal to commit any nuisance upon the sidewalk or public park; or upon the floor or wall of any common hall in any multiple dwelling; or upon any entrance way, stairway or wall immedi- ately abbutting on a public sidewalk; or upon the floor or wall of j any theatre, shop, store, office building or other building used in common by the public; or upon any private property other than that of the owner of the animal. (f) Unlawi;?. Use of License Tat?. It is unlawful for any person to move any licei.rc. tag from one animal to another. It shall be un- lawful for any person to manufacture or cause to be manufactured or to have in his control a stolen, counterfeit or forged animal_ license tag, rabies vaccination certificate or other form of licens- ing required under this ordinance; (g) Dogs Trained to Assist the Blind Allowed in Public Places. It is unlawful for any person owning, opzrA.+irta_ c: maintaining, any public place of business or conveyance into which the r;aneral public is in- vited for any business purpose to debar or exclude therefrom any dog which has been trained to assist the blind, provided that such dog be in the company of the blind person whom it was trained to assist in conformance with N.M.S.A. 77-1-1N (1978); t (h) Physical Abuse. It shall be unlawful for any person to willfully r or maliciously £orTure, torment, curelly beat, mutilate or cruelly kill. any animal except that reasonable force may be employed to drive off vicious or trespassing animals; ( i) Work Cruelty. It shall be unlawful for any person to cruelly drive or work any animal when such animal is unfit for labor; (,j) Care and Maintenance. 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 shel- ter, or to carry any animal in or upon any vehicle in a cruel or inhuman manner. Any animal habitually kept outside shall be provid- ed with a structurally sound, weather-proof' enclosure, large enough to accommodate the animal; (k) Abandonment of Animals. It is unlawful for any person to abandon any animal within the Town of Taos. All animals which are to be abandoned shall be turned over to a place of impoundment as defined in Article IV, Section 1; (1) Animal Poisoning. it is unlawful for any person by any means to make accessible to any animal, with the intent to cause harm or death, tiny substance which has in any manner been treated or prepared with any harmful or poisonous substance. Tt is not the intent of this section to prohibit the use of poisonous substance, for the control of vermin of sipnif.icance to the public health; (m) Uneared for Animals. Whenever the Animal Control officer finds that any animal is or grill be without proper care because of injury, illness, incarceration or other voluntary absence of the owner or person responsible far the care of such animal, the Animal Control Officer may take up such animal for protective care; and in the event of suckness or injury upon the advice of a licensed veterin- arian, the Animal Control officer may take such action as called for to prevent undue pain and suffering, including immediate destruc- tion of the ani;na.l; (n) Injury to Animals by Motorists. Every operator of a motor or other self-propelled vehicle upon the streets and ways of the Town of Taos shall immediately upon injuring, striking, maiming or running; down any animal give such aid as is reasonably able to be rendered. In the absence of the owner, he shall immediately notify the Animal Control officer furnishing sufficient facts relative to such injury. It is the duty of such operator to remain at or near the scene until -7- such time as the appropriate authorities arrive, and upon the arriv- al of said person, such operator shall immediately identify himself to the appropriate authorities. Alternatively, in the absence of the owner a person may give aid by taking the animal to a veterinary hospital or a place of impoundment as defined in Article IV, Section 1, and notifying the Animal Control Officer. Such animal shall be deemed an uncared for animal within the meaning of Article V (m) above. Emergency vehicles are excluded from this provision; (o) Keeping of Diseased or Painfully Crippled Animals. It is un- lawful for any person to have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling conditon except as hereinafter provided. The Animal Control Officer may impound such diseased or painfully crippled animal in accordance with the provisions of this Ordinance. All such animals impounded may be destroyed humanely as soon thereafter= as conveniently possible. In the case of destruction of such animal, the Animal Control Officer shall not be required to give any of the aforesaid notices provided in this Ordinance. This section shall not be construed to include veterinary hospitals or animals under active veterinary care; (p) Animal Fights. It is unlawful for any person to promote, stage, hold, manage, conduct, carry on or attend any game, exhibition, con- test or fight in which one or more animals are engaged for the pur- pose of injuring, killing, maiming or destroying themselves or any other animal; ARTICLE VI. Section 1, Animal Control Officer's Duties. The Animal Control Officer shall have the authority to issue citations for violations of this Ordinance and to perform such other duties as are prescribed herein. An Animal Control Officer shall wear a uniform and shall wear a num- bered badge identifying him as an Animal Control Officer, Section 2. The Animal Control Officer shall have the same power in regard to this Ordinance as if he were a full time Town Policeman, including but not limited to powers of arrest for violation of this Ordinance. ARTICLE VII. Section 1, Penalties. Any person who violates any of the provisions of �. this Ordinance shall be liable to penalty of $10,00 for the first offense and not less than $25.00 nor more than $50.00 for each sub- sequent offense in an action at law brought by the Town. Section 2. Saving Clause. If any of the sections, subsections, sentences, clauses or phrases are for aV reason held to be unconstitutional or invalid, the validity of the remaining portions of this Ordinance shall not thereby be affected, since it is the express intent of the govern- ing body to pass each section, phrase, paragraph and word separately. Section 3. Rep-ea n Clause. Any Ordinance or part thereof solely re- lating to an orals or the control of the same heretofore imposed by the Town and that are in conflict with this Ordinance are hereby R repealed. -8- { Section 4. Effective Date. This Ordinance shall take effect seven (7) days after publication of the final Ordinance. PASSED, ADOPTED AND APPROVED this day of ~ _, 1980. TAOS TOWN COUNCIL B .9'r' MAYOR ATT OWN CL -9- o � TOWN OF TAOS, TAOS, NEW MEXICO NOTICE OF MEETING AND PROPOSED ORDINANCE The Taos Town Council of the Town of Taos (herein the "Town"), New Mexico, hereby gives notice of its intention to hold a public meeting at 7:30 o'clock P.M., on Wednesday, September 17, 1980, at the Taos Council Chambers, Armory Street, Taos, New Mexico. At such meeting the Council will adopt an Ordinance relating to the licensing, regulating vaccination and impounding of dogs and cats within the municipal boundaries and prescribing a penalty for violation. The title and subject matter of such proposed Ordinance is as follows: AN ORDINANCE PROVIDING FOR THE LICENSING, REGULATING VACCINATION, AND IMPOUNDING OF DOGS AND CATS WITHIN THE MUNICIPAL BOUNDARIES AND PRESCRIBING A PENALTY FOR VIOLATION. The following is a general summary of the subject matter contained in Amended Ordinance No. 644: f� ARTICLE I, Section 1 (b) sets out a new definition of vaccination. ARTICLE I. Section 1 sets out a new definition of the following paragraphs (j) Neutered Male; (k) Enclosed Lot; (1) Licensed Veterinarian; (m) Nuisance (n) Vicious Animal. ARTICLE III, Section 1 (c) sets out any owner shall obtain a lifetime license for the animal for a fee of $2.50. ARTICLE III, Section 9. Repealed. ARTICLE IV, Section 1. Repealed. ARTICLE IV, Section 4. Repealed. ARTICLE V, Prohibited Activities, sets out. a new definition of the following paragraphs: (a) Animals Running at Large; (b) Animals on Unenclosed Premises; (c) Vicious Animals; (d) Animals Disturbing the Peace; (e) Animal Nuisances on Sidewalks, Public Parks, Alleys and Other Places open to the Public; (f) Unlawful Use of License Tag; (g) Dogs Trained to Assist the Blind Allowed in Public Places; (h) Physical Abuse; (i) Work Cruelty (3) Care and Maintenance (k) Abandonment of Animals (1) Animal Poisoning (m) Uncared for � e i Animals; (n) InJury to Animals by Motorists; (o) Keeping of Diseased or Pain- fully Crippled Animals; -(p) Animal Fights COMPLETE COPIES OF THE PROPOSED ORDINANCE ARE ON FILE IN THE OFFICE CF THE TOWN CLERK, MUNICIPAL OFFICES (ON ARMJRY STREET) IN TAOS, NEW MEXICO AND ARE AVAILABLE DURING THE NORMAL AND REM.AR BUSINESS HOURS OF THE TOWN CLERK UPON REQUEST AND PAYMENT OF A REASONABLE CHARGE. WITNESS ny hand and seal of the Town of Taos, New Mexico, this 22nd day of August , 1980. s Josephine Gonzales TOWN CLERK Publish One (1) Time: August 28, 1980 ORDINANCE NO. 644 AN ORDINANCE PROVIDINu FOR THE LICENSING, REGULATING, VACCINATION, ANI) IMPOUNDING OF DOGS AND CATS WITHIN THE MUNICIPAL BOUNDARIES AND PRESCRIBING A PENALTY FOR VIOLATION. BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF THOS, NEW MEXICO: ARTICLE 1: WORDS AND PHRASES DEFINED. Section 1. Definitions. (a) Owner: Any person, group of persons or corporation owning, keeping, or harboring; a dog or cat; (b) Vaccination: Injection of a vaccine, approved by the State Board l of Public Health and administered by a licensed veterinarian for the I purpose of irmnuniz:ing a dog against rabies; (c) Exposed to rabies: A dog or cat is considered exposed to rabies . `.' bitten by any other animal known to be infected with rabies or if it is known that the dog or cat has been in contact with an animal known or reasonably suspected to have rabies; (d) Bite or bitten: An actual puncture or tear of the skin inflicted by the teeth of an animal; (e) Spayed Female: A female dog or cat which has been operated upon by a licensed veterinarian to prevent conception permanently, as attest- ed to by a document signed by the veterinarian to the effect that such an operation has been performed; (f) Dog: Any dog, bitch, or whelp over three (3) months of age; (g) Cat: Any male or female Felidae over three (3) months of age; (h) Animal Control Officer: Any person designated by the Town of Taos to carry out the purposes of this Ordinance. The City Police �f the Town of Taos is ex oficio hereby designated as Animal Control Officer for the Town, except that, if the Town Council should desig- nate any other person in that capacity, the City Police shall cease to be ex oficio Animal Control Officer, except that nothing herein said shall be construed to prevent the City Police from acting as the `I'owr. law enforcement officer to enforce the laws of the Town as provided herein; (i ) Running at Large Means: Off or away from the premises of the owner, possessor or keeper and not under the control of such owner, possesscr or keeper of his agent or servant or member of his immedi- ate fam`_ly, either by leash, cord or chain, not more than ten (10) feet in length. ARTICLE II: HEAL'T'H PROVISIONS: VACCINATION AND BITES. Section 1. Annual Vaccination of Dogs and Cate Required. (a) It shall be the duty of every owner of a dog or cat with! n the Town boundaries to have the dog or cat vaccinated annually by a licensed veterinarian; (b) All dogs and cats shall be vaccinated annually. Upon completion of the vaccination the veterinarain shall give the dog' s owner a certificate attesting to the vaccination and a metal tag to be affix- ed to the animal's collar. Section 2. Vaccination Certificates and Tags. (a) The vaccination certificates shall be prepared by the veterinarain in duplicate retaining one for his record and giving a copy to the owner. The certificate shall include the following: i i (1) The name and address of the owner or harborer of the inoculated dog or cat; (2) The date of the inoculation; (3) The year and series number of the tag; (4) The breed, age, color and sex of the inoculated animal; (5) The type and brand name of the rabies vaccine used. (b) The copy of vaccination certificate shall be retained by the owner and presented to the Town Clerk when applying for a license; (c) A metal tag shall be given to the owner to be attached to the collar of the inoculated dog or cat. Each tag shall bear the name: "Town of Taos" and shall have a separate number; (d) Neither the certificates or tags are transferable to another animal; (e) Replacement tags may be purchased from the Town Clerk; (f) Dogs or cats brought into the Town having a current vaccination shall be held in compliance with this Ordinance if the animal has been vaccinated with approved vaccine within the past twelve (12) calendar months. (1) If an imported dog or cat remains in the Town for more than thirty (30) days, then it shall be registered in accordance with the provisions of this Article; (2) The requirements for vaccination shall not apply to dogs or cats belonging to non-residents of the Town when the animal is kept at all times within a building or vehicle or under immedi- ate control. Section 3. Reporting Requirements When Persons are Bitten. (a) It. shall. be the duty of every physician to report to ',he State Health Department, and Town Clerk concerning the biting of any nerson by a dog, cat or other animal. If a. child is bitten it. shall be the duty of the parent or guardian of the child to make a report to the State Health Department and Town Clerk concerning the bite. If an adult is bitten it Is his duty or the duty of those caring for him to make such a report. The requirements for the report are: (1) Made within twelve (12) hours after the bite; (2) Name, age, sex and address of the person bitten; (3) Type and location of the bite; ( 4) If possible the address where the bite occurred , and (5) Address of the owner of the animal.; (6) Description of an immunization status of the animal. Section 14. Requirements When a Dog or Cat is Bitten by a Rabid Animal . (a) '.'henever a dog, eat, or other animal Is bitten by a rabid animal or an animal later proves to have been rabid , it shall be the duty of the owner of the animal that is bitten to report that fact to the Di st:ri ct Health Officer and the Town Clerk; (b) it shall. be the duty of the owner of the bitten animal to either ki11 or have his bitten animal killed; unless ( .1) The animal which was bitten had been vaccinated against i rabies at least three (3) weeks before being bitten and has a current vaccination; and (2) If the bitten animal has a current vaccination, it shall be confined for ninety (90) days; and (3) Tile bitten animal shall be ritleased from confinement only upon written order from a veterinarian, who declares the animal to be .free of rabies; and (4) If the animal is found to have contracted rabies during confinement it shall be killed and properly disposed of. -2- J t Section 5. Confinement and Inspection of a Dog which has Bitten a Person. (a) When any person is bitten by an animal, it is the duty of such person or his parent or guardian and of the owner or keeper of the animal Immediately tD notify the District Health Officer and Town Clerk; (b) The owner or keeper of the animal shall immediately and at his own expense securely confine the animal for a period of at least ten (10) clays at a place designated by the District Health Officer or Town Clerk; (c) If the animal dies during the confinement period, the head of the animal shall immediately be sent to a laboratory desi.gnsted by the State Board of Public Health. Section 6. Quarantine. (a) When the Town is notified by the State Health Department that there is danger that rabies exists and may spread within its juris- diction, it shall publish a notice in the official newspaper or news- papers of the Town that all owners of dogs or cats shall confine those animals; (b) During the quarantine no dogs or cats shall be removed from the Town; (c) Any dog or cat running at large during the ouarantine may be killed by any law enforcement officer; (d) The only dogs allowed to move about during the quarantine are guide dogs being used by a blind person. ARTICLE III, Section 1. License Required. (a) No dog or cat owner shall keep any dog or cat within the Town after sixty (60) days from the effective date of this Ordinance, un- less a license therefor has first been secured. Licenses shall be issued by the Town Clerk for a fee of $2.50 for each neutered male or spayed female and $3.50 for each un-neutered male or unspayed female. An applicant for a license for a spayed female shall, present a statement from a qualified veterinarian indicating that the animal has been spayed and giving; the date .of the operation. Licenses shall expire on the last day of the same month of issuance in the year next following their issuance; (b) No licenses shall be issued iznl.e5,i the owner produces the var.cin- ation certificate issued by the veterinarian who gave the animals its vaccination i.n accordance with Section 47-1-2.1 through Section 47-1- 2.6 NMSA 1953. No licensing fees shall be reauired to be paid for a dog trained to lead a blind person if that dog is used for that pur- pose by a blind person. Section 2. Date of Payment. It shall be the duty of each owner of a dog or cat to pay the license fee imposed in Section 1 to the Town Clerk on or before sixty (60) days from the effective date of this Ordinance. The Clerk shall cause a notice of the necessity of purchase o" the license fee to be published in The Taos News no less than one (l) week from the effective date. Thereafter, new licenses must be acquired within thirty (30) days of acquiring ownership and possession of an unlicensed animal, or establishing residence in the Town, or on or before expiration o" the license term specified above. -3- � i i Section 3. Receipts and Tags. Upon the payment of the license fee, the Town Clerk shall execute a receipt in duplicate. She shall deliver the original receipt to the person who pays the fee, retaining the duplicate. She shall also procure a sufficient number of suitable metallic tags, and shall deliver one appropriate tag to the owner when the fee is paid, Section 4. Affixing Tags. The owner shall cause said tag to be affixed by a permanent metal fastening to the collar of the animal so licensed in such a Manner that the tag may be easily seen by officers of the Town. The owner shall see that the tag is constantly worn by such animal. Section 5. Impounding. Sixty (60) days after the taking effect of this Ordinance the City Police or Animal Control Officer of the Town shall take up and impound any dogs or cats found in the Town without valid license tags provided in Article II, Section 2 and Article III, Section 1 hereof, and shall impound any dogs found running at large as provided in Article IV, Section 1. Officers shall be authorized to enter upon any unenclosed lot or enclosed lot or premises for the purpose of enforcing this section; however, this shall not be construed to allow any unconsented or prohibited entry into any home, enclosed lot, or portion of any other building not directly and normally acces- sible to the public unless the officer acquires a warrant from a court of law allowing such an entry and search of the premises. Section 6. Redemption. Any dog or cat may be redeemed from the pound by the owner within the time stated in the notice by the payment to the Clerk of the license fee for the current year, if the animal was un- licensed, and an impounding fee of $10,00, plus a. charge of $3.00 per day for each day or portion of a day the animal was confined. Section 7. Release. Upon presentation of a correct license tag and a receipt for a license for the current year and for the fees provided in Section 1 above, the poundmaster shall release to the owner the dog or cat he claims to own. Section B. Duplicate Tags. In case any license tag is lost, duplicates may be issued by the Clerk upon presentation of a receipt showing the payment of a license fee for the current year for that animal, A charge of $1.00 shall be made for each such duplicate tag. Section Q. Offenses Involving Tags. It is unlawful to counterfeit tags provided in Section 3. It is unlawful to take a tag from one animal and place it on another. ARTICLE IV. Section 1. Running at Large Prohibited. It shall be unlawful for any owner, possessor or keeper of any dog to permit the same to run at large within the Town. Section 2. Place of Impoundment. The Town shall establish or designate a holding facility as the place of impoundment. Such facility shall conform to the following minimum requirements: -4- t (a) Structural Strength. Holding facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entranct of other animals; (b) All animals and all animal buildings or enclosures shall be maintained In a clean and sanitary condition; (c) All animals shall be so maintained as to eliminate excessive and night-time noise; (d) No animals shall be without attention for more than twelve (12) consecutive hours; (e) Every .reasonable precaution shall be used to insure that animals are not reased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means; (f) No condition shall be maintained or permitted that is or could be injurious to the animals; (g) Animal buildings and enclosures shall be so constructed and main- tained as to prevent e, cape of animals. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public; (h) The holding facility shall isolate sick animals sufficiently so as not to endanger the health of other animals. Sick animals shall at all times be isolated from the other animals; (1) Every building or enclosure wherein animals are maintained, shall. be constructed of material easily cleaned and shall be kept in a sani- tary condition. The bulding shall be properly ventilated to prevent drafts and to remove odors. Heating and colling shall be provided as required , according to the physical needs of the animals, with suf- ficient light to allow observation of animals and sanitation; (J ) All animal rooms, cages, kennals and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein; (k) Provide proper shelter and protection from the weather at all times; (1) Not give an animal any alcoholic beverage. unless prescribed by a veterinarian; (m) Not allow animals which are natural eni.mi es, temperamentally un- suited, or otherwise incompatible, to be quartered together or so near Each other as to cause injury, fear or torment; If two or more animals are so trained that they can be place to- gether and do not attack each other or perform or attempt any hostile nrt to the others, such animals shall be deemed not to be natural enemies. Section 3. Notification of Owner of Impounded Cat or Dog. (a) 1f the identity of the owner of an impounded dog or cat is known he shall be notified of the impoundment of his 'og or cat; (b) Impounded dogs and cats shall be kept for seven (7) days at which time if the animal has not been claimed it shall either be humanely killed or be released for sale to a person upon payment of the pound charge plus a service fee of $10.00. Any dog or cat taken from the pound in such a manner shrill have received its vaccination and license prior to departure from the pound. The person buying the animal shall be liable for vaccination and license charges; (c) If the identity of the owner of the impounded dog or cat is not known and if the animal is suffering due to accident and/or disease, the new director of the designated holding facility, upon the advice of a veterinarian, in his sole discretion, may humanely kill sa4.d animal. -5- if Section 4. Dogs Trained 'a_s Guide Dogs to Assist the Blind. Guide dogs trained to lead the blind shall be permitted to enter into all public buildings, hotels, restaurants, and other public conveyances in the Town. ARTICLE V. Section 1. Penalties. Any person who violates any of the provisions of this Ordinance shall be liable to penalty of $10.00 for the first offense and not less than $25.00 nor more than $50.00 for each subsequent offense in an action at law brought by the Town. Section 2. Saving Clause. If any of the sections, subsections, sentences, clauses or phrases are for ar,,, reason held to be unconstitutional or invalid, the validity of the remaining portions of this Ordinance shall not thereby be affected, since it is the express intent of the governing body to pass each section, phrase, paragraph, and word separately. Section 3• Repealing Clause. Any Ordinance or part thereof solely relating -to animals or the control of the same heretofore imposed by the Town and that are in conflict with this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect on September 1, 1977. PASSED, ADOPTED AND APPROVED this 18th day of July, 1977. TA-O^�S`1 TOWN COUNCIL i I BY• YOR ATTEST) TAOS TOWN CLERK