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.

History: Laws 1912, ch. 38, § 1; Code 1915, § 26; C.S. 1929, § 4-101; 1941 Comp., § 49-101; 1953 Comp., § 47-1-1.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For cruelty to animals, see 30-18-1 NMSA 1978.

For replevin, see 42-8-1 to 42-8-22 NMSA 1978.

No state law preemption of ordinance. — The test for preemption is not whether the municipality misstates the law in its findings or whether some overlap exists between an ordinance and a statute. The test is whether the ordinance permits an act the statute prohibits, or vice versa. The legislature's silence regarding other related activities is not an intent to preempt local government action in that area. The city's finding that certain animals are chattel property rather than personal property is not such a conflict. Rio Grande Kennel Club v. City of Albuquerque, 2008-NMCA-093, 144 N.M. 636, 190 P.3d 1131.

Ordinance banning pit bulls. — Village ordinance banning American pit bull terriers, being a proper exercise of the village's police power, was not a deprivation of property without due process even though it allowed for the destruction of private property. Garcia v. Village of Tijeras, 1988-NMCA-090, 108 N.M. 116, 767 P.2d 355, cert. denied, 107 N.M. 785, 765 P.2d 758.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 5.

Liability for killing dog to protect domestic animal or fowl, 10 A.L.R. 689.

Dogs as within contemplation of statutes as to duty of railroads as regards livestock, 46 A.L.R. 1536.

Contributory negligence as a defense to a cause of action based upon violation of statute imposing duty upon keeper of animals, 10 A.L.R.2d 853.

Civil liability of landowner for killing or injuring trespassing dog, 15 A.L.R.2d 578.

Liability of owner or operator of place of public resort, other than animal exhibitor, to patron injured by animal or insect, 17 A.L.R.2d 459, 64 A.L.R.4th 963.

Law as to cats, 73 A.L.R.2d 1032, 8 A.L.R.4th 1287, 55 A.L.R.4th 1080, 68 A.L.R.4th 823.

Privilege to kill or injure nontrespassing licensed dog to defend third person from harm or attack by animal, 74 A.L.R.2d 770.

Persons entitled to recovery for injury inflicted by horse or other domestic animal exhibited at show, 80 A.L.R.2d 886.

Liability of owner of horse to person injured or killed when kicked, bitten, knocked down, and the like, 85 A.L.R.2d 1161.

Liability for injury or death of child social guest, 20 A.L.R.3d 1127.

Liability for injury to trespassing animals and bees as result of spraying or dusting crop, 37 A.L.R.3d 833.

Liability of owner or bailor of horse for injuries by horse to hirer or bailee thereof, 6 A.L.R.4th 358.

Liability to adult social guest injured otherwise than by condition of premises, 38 A.L.R.4th 200.

Liability for killing or injuring, by motor vehicle, livestock or fowl on highway, 55 A.L.R.4th 822.

Cat as subject of larceny, 55 A.L.R.4th 1080.

Liability of owner or operator of business premises for injury to patron by dog or cat, 67 A.L.R.4th 976.

Landlord's liability to third person for injury resulting from attack on leased premises by dangerous or vicious animal kept by tenant, 87 A.L.R.4th 1004.

Landlord's liability to third person for injury resulting from attack off leased premises by dangerous or vicious animal kept by tenant, 89 A.L.R.4th 374.

Intentional provocation, contributory or comparative negligence, or assumption of risk as defense to action for injury by dog, 11 A.L.R.5th 127.

3A C.J.S. Animals § 3.