A. It is unlawful for the owners of livestock to willfully allow the livestock to run at large within the town, conservancy district, irrigation district or military reservation or enclave. An owner who willfully allows livestock to run at large is guilty of a misdemeanor and upon conviction shall be punished in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense.

B. The sheriff or other peace officer or proper military authority or the board shall impound livestock found running at large and sell the livestock at public auction to the highest bidder for cash after giving notice of the time and place of sale in some newspaper published in the county where the violation occurred three days prior to the day of sale; provided that in the case of a military reservation or enclave, the sale shall be conducted by the board pursuant to the procedure set forth in Section 77-14-36 NMSA 1978. The proceeds up to ten dollars ($10.00) per day for each animal shall be retained by the impounding authority to cover its expense and fees. The balance, if any, shall be paid to the general fund.

C. The owner of livestock impounded may redeem the livestock at any time prior to sale by paying the impound fees and costs incurred for each day or portion of a day that the livestock has been in custody; provided that in the case of a military reservation or enclave, redemption shall be allowed pursuant to Section 77-14-36 NMSA 1978.

D. A person claiming damages for violation of the order may file suit to recover damages as in other civil cases; provided that such damages, in the case of a violation involving a military reservation or enclave, shall include direct, indirect, incidental and consequential damages.

History: Laws 1909, ch. 146, § 4; Code 1915, § 38; C.S. 1929, § 4-308; Laws 1939, ch. 119, § 4; 1941 Comp., § 49-1606; 1953 Comp., § 47-15-6; Laws 1989, ch. 230, § 6; 1999, ch. 282, § 88; 2017, ch. 129, § 1.

Cross references. — For unlawfully permitting livestock upon highways, see 30-8-13 NMSA 1978.

The 2017 amendment, effective June 16, 2017, provided that it is a misdemeanor for one to willfully allow one's livestock to run at large, and removed the requirement that the board of county commissioners first publish and post an order prohibiting livestock from running at large in a particular area, included the livestock board within the authorization to impound livestock found running at large and to sell the livestock at public auction, and increased the impounding fee for livestock found running at large; in Subsection A, deleted "After the publication and posting of an order pursuant to Section 77-14-6 NMSA 1978", after "owners of livestock to", added "willfully", and after "livestock to run at large", deleted "in violation of the order"; and in Subsection B, after "military authority", added "or the board", and after "The proceeds up to", deleted "five dollars ($5.00)" and added "ten dollars ($10.00)".

The 1999 amendment, effective July 1, 1999, in Subsection A, inserted "pursuant to Section 77-14-6 NMSA 1978" in the first sentence, and substituted "shall be punished in accordance with the provisions of Section 31-19-1 NMSA 1978" for "before a magistrate shall be punished by a fine not exceeding ten dollars ($10.00)" in the last sentence; inserted "per day" following "five dollars ($5.00)" in the second sentence of Subsection B; substituted "the impound fees and costs incurred" for "to the officer one dollar ($1.00)" in Subsection C; and made stylistic changes throughout the section.

The 1989 amendment, effective June 16, 1989, rewrote this section to the extent that a detailed comparison is impracticable.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 60 et seq.

Joint liability of several independent owners of trespassing animals, 9 A.L.R. 945, 35 A.L.R. 409, 91 A.L.R. 759.

Character and extent of claims for which lien on animal damage feasant attaches, 26 A.L.R. 1047.

Tenant's liability for trespass by animals leased with farm, 32 A.L.R. 859.

Scienter as condition of liability for damage by trespassing animals other than dogs, 33 A.L.R. 1305.

What constitutes willful trespass by stock on land not inclosed by legal fence, 158 A.L.R. 375.

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

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

3A C.J.S. Animals §§ 157 to 162.