A. The board or the board's designees shall enforce the provisions of the Animal Sheltering Act.
B. Whenever the board has reasonable cause to believe a violation of a provision of the Animal Sheltering Act or a rule adopted pursuant to that act has occurred that creates a health risk for the animals or the community and immediate enforcement is deemed necessary, the board may issue a cease and desist order to require a person to cease violations. At any time after service of the order to cease and desist, the person may request a prompt hearing to determine whether a violation occurred. If a person fails to comply with a cease and desist order within twenty-four hours, the board may bring a suit for a temporary restraining order and for injunctive relief to prevent further violations.
C. Whenever the board possesses evidence that indicates a person has engaged in or intends to engage in an act or practice constituting a violation of the Animal Sheltering Act or a rule adopted pursuant to that act, the board may seek temporarily or permanently to restrain or enjoin the act or practice. The board shall not be required to post a bond when seeking a temporary or permanent injunction.
History: Laws 2007, ch. 60, § 10; 2009, ch. 102, § 13.
Delayed repeals. — Laws 2017, ch. 44, § 7 provided that Chapter 77, Article 1B NMSA 1978 is repealed effective July 1, 2024. See Section 61-14-20 NMSA 1978.
The 2009 amendment, effective June 19, 2009, changed the name of the act from "Animal Sheltering Services Act" to "Animal Sheltering Act".
Structure New Mexico Statutes
Chapter 77 - Animals and Livestock
Article 1B - Animal Sheltering
Section 77-1B-1 - Short title. (Repealed effective July 1, 2024.)
Section 77-1B-2 - Definitions. (Repealed effective July 1, 2024.)
Section 77-1B-5 - Board powers and duties. (Repealed effective July 1, 2024.)
Section 77-1B-6 - Euthanasia technician; license. (Repealed effective July 1, 2024.)
Section 77-1B-6.1 - Euthanasia technician authority defined. (Repealed effective July 1, 2024.)
Section 77-1B-7 - Euthanasia instructors; certification. (Repealed effective July 1, 2024.)
Section 77-1B-8 - Euthanasia agencies; inspections; exemptions. (Repealed effective July 1, 2024.)
Section 77-1B-9 - Violations. (Repealed effective July 1, 2024.)
Section 77-1B-10 - Enforcement and injunctions. (Repealed effective July 1, 2024.)