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.

History: 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.

The 2009 amendment, effective June 19, 2009, changed the reference of the act from "Animal Sheltering Services Act" to "Chapter 77, Article 1B NMSA 1978"; and added the exceptions at the end of the sentence.

The 1979 amendment substituted the present catchline for "Running at large in municipalities," substituted "municipality and each county" for "municipal corporation" near the beginning of the section, substituted "disposition of dogs" for "killing of all dogs" near the middle of the section and substituted "kept or claimed" for "claimed or harbored" near the end of the section.

Section not part of maintenance of roadways. — Compliance with this section and Section 77-1-15.1B NMSA 1978 is not part of maintenance of a roadway, highway or street within the meaning of the legislative waiver of governmental immunity found in Section 41-4-11A NMSA 1978, relating to negligent maintenance of highways, roadways, and streets. Smith v. Village of Corrales, 1985-NMCA-121, 103 N.M. 734, 713 P.2d 4, cert. denied, 103 N.M. 740, 713 P.2d 556 (1986).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Construction and application of ordinances relating to unrestrained dogs, cats, or other domesticated animals, 1 A.L.R.4th 994.

Liability of person, other than owner of animal or owner or operator of motor vehicle, for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 132.

Liability of owner or operator of vehicle for damage to motor vehicle or injury to person riding therein resulting from collision with domestic animal at large in street or highway, 21 A.L.R.4th 159.

Construction of provisions of statute or ordinance governing occasion, time, or manner of summary destruction of domestic animals by public authorities, 42 A.L.R.4th 839.

Liability for injuries caused by cat, 68 A.L.R.4th 823.

Validity and construction of statute, ordinance, or regulation applying to specific dog breeds, such as "pit bulls" or "bull terriers," 80 A.L.R.4th 70.

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.