A. Any peace officer may impound any dog found running at large unaccompanied by and not under the control of the owner or handler, and further, the peace officer shall destroy the dog if it is in the act of pursuing or wounding livestock or wounding and killing poultry or attacking humans.
B. Any peace officer may kill any dog in the act of pursuing or wounding any livestock or wounding or killing poultry or attacking humans whether or not the dog wears a rabies tag required by Section 77-1-3 NMSA 1978. There shall be no liability of the peace officer in damages or otherwise for such killing.
History: 1953 Comp., § 47-1-2.7, enacted by Laws 1975, ch. 352, § 1.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 58 et seq.
Constitutionality of statute for control of diseases of livestock, 65 A.L.R. 525.
Right to kill dog dangerous to other animals as nuisance, 79 A.L.R. 1064.
Validity of statute or ordinance providing for destruction of dogs, 56 A.L.R.2d 1024.
Liability of public officers for killing or injuring animals, while acting, or professing to act, under a statute in relation to the inspection or destruction of livestock, 2 A.L.R.3d 822.
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.
3A C.J.S. Animals §§ 137, 138, 157, 158.
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