New Mexico

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Detailed Discussion of New Mexico Great Ape Laws The following article discusses Great Ape law in New Mexico. New Mexico regulates the possession of great apes by administrative regulation and reference to the federal endangered species list.This prohibition applies primarily to private ownership by the general public. There is a list of commercial uses that are allowed, however. Like other states, New Mexico does not define great apes as “endangered,” either under its own endangered species law or any regulations. It does, however, cover them by reference to federal law. New Mexico prohibits any possession, transport, commerce, or taking of federal protected endangered species.
Garcia v. Village of Tijeras

Plaintiffs appeal from a judgment upholding the constitutionality of an ordinance of the Village of Tijeras, New Mexico banning the ownership or possession of a breed of dog “known as American Pit Bull Terrier.” The District Court of Bernalillo County upheld the ordinance and plaintiffs appealed. The Court of Appeals found that plaintiffs had notice that the ordinance proscribes the conduct in which they were engaged; thus, it was not void for vagueness. With regard to the argument that the ordinance violated substantive due process, the court found that ordinance was rationally related to legitimate village purpose of protecting the health and safety of the community. Finally, the court found that the ordinance did not violate procedural due process where the ordinance provides that a hearing is held after impoundment to determine whether the dog is a pit bull.

NM - Assistance Animal - Assistance Animal/Guide Dog Laws

The following statutes comprise the state's relevant assistance animal and guide dog laws.

NM - Cruelty - Consolidated Cruelty Statutes

This section comprises the New Mexico anti-animal cruelty provisions.  As used in this section, "animal" does not include insects or reptiles.  Cruelty to animals occurs when person


mistreats, injures, kills without lawful justification or torments an animal or abandons or fails to provide necessary sustenance to an animal under that person's custody or control.  Extreme cruelty to animals, a fourth-degree felony, consists of a person

intentionally or maliciously

torturing, mutilating, injuring or poisoning an animal or maliciously killing an animal.  Upon conviction, the court may order a person to participate in an animal cruelty prevention program or an animal cruelty education program, or to obtain psychological counseling for treatment of a mental health disorder.

NM - Dangerous Animal - Chapter 77. Animals and Livestock.

This New Mexico statute provides that 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.  It is also unlawful to keep any unvaccinated dog or cat or any animal with any symptom of rabies or to fail or to refuse to destroy vicious animals or unvaccinated dogs or cats with symptoms of rabies.

NM - Dog - Consolidated Dog Laws

These statutes comprise New Mexico's dog laws.  Among the provisions include municipal powers to regulate dogs, vaccination requirements, and provisions related to dangerous dogs.

NM - Dog Bite - Chapter 77. Animals and Livestock.

This short New Mexico statute provides that state health department 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.

NM - Endangered Species - Chapter 17. Game and Fish and Outdoor Recreation.

These statutes comprise the New Mexico Wildlife Conservation Act.  Included in the provisions are definitions related to the statute, legislative policies, and regulations for listing or delisting species.  Violation of the Act constitutes a misdemeanor and can incur a penalty from $50 - 1,000 depending on the categorization of the species taken.

NM - Equine Activity Liability - Article 13. Equine Liability

This act stipulates that any person, corporation or partnership is immune from liability for the death or injury of a rider, which resulted while the rider was engaged in an equine activity.


However, there are exceptions to this rule:


person, corporation, or partnership will be held liable for injuries if he or she displays a conscious, reckless, or intentional disregard for the safety of the rider, and if the person, corporation, or partnership fails to make reasonable and prudent efforts in ensuring the safety of the rider.

NM - Exotic Pets - 19.35.7. Importation of Live Nondomestic Animals Birds and Fish

This regulation covers persons who desire to bring wildlife species into the state of New Mexico. It may include the general public, pet importers, holders of Class “A” park licenses, department permitees and others. The stated objective is, "[t]o provide consistent criteria for the importation of live non-domesticated animals into New Mexico and to protect native wildlife against the introduction of contagious or infectious diseases, undesirable species and address human health and safety issues."