New Mexico

Summary: Section 46A-4-408, was adopted in 2003, and did not repeal the previous pet trust law.  However, in 2016, the original pet trust law (46A-4-407) was finally repealed. The new section follows the language of the Uniform Trust Code and simply states that a trust for the care of an animal alive during the settlor's lifetime is valid.  The trust terminates upon the death of the last animal named and any excess trust property is distributed to the settlor, if living, or his or her successors in interest.

Summary: This act stipulates that any person, corporation or partnership is immune from liability for the death or injury of a rider, which resulted while the rider was engaged in an equine activity.   However, there are exceptions to this rule:   a person, corporation, or partnership will be held liable for injuries if he or she displays a conscious, reckless, or intentional disregard for the safety of the rider, and if the person, corporation, or partnership fails to make reasonable and prudent efforts in ensuring the safety of the rider.

Summary: This section comprises the New Mexico anti-animal cruelty provisions.  As used in this section, "animal" does not include insects or reptiles.  Cruelty to animals occurs when person negligently mistreats, injures, kills without lawful justification or torments an animal or abandons or fails to provide necessary sustenance to an animal under that person's custody or control.  Extreme cruelty to animals, a fourth-degree felony, consists of a person intentionally or maliciously torturing, mutilating, injuring or poisoning an animal or maliciously killing an animal.  Upon conviction, the court may order a person to participate in an animal cruelty prevention program or an animal cruelty education program, or to obtain psychological counseling for treatment of a mental health disorder.

Summary: These statutes comprise the New Mexico Wildlife Conservation Act.  Included in the provisions are definitions related to the statute, legislative policies, and regulations for listing or delisting species.  Violation of the Act constitutes a misdemeanor and can incur a penalty from $50 - 1,000 depending on the categorization of the species taken.

Summary: Under these Santa Fe County, New Mexico ordinances, if an animal control officer finds that a horse has been abused as stated in these provisions, then the officer will issue the owner a citation and may place the horse in the custody of a caretaker. Furthermore, these ordinances provide provisions on how the owner can petition a court   to return an impounded horse, as well as the fees and penalties a horse owner may face for violating these ordinances.

Summary: Donald Wayne Willoughby, D.V.M., successfully appealed the suspension of his license for 180 days at the district court level.  In an appeal by the Board of Veterinary Examiners, the Supreme Court found the Board's findings of fact are supported by substantial evidence based on an examination of the entire record. The Court stated that the trial judge substituted his own judgment in reversing the decision of the Board, rather than basing his reversal upon any of the grounds set forth in the statute. While the Court affirmed the order of revocation, it held that there no language within the Uniform Licensing Act that gives the Board the power to place the appellee on probation after the period for which his license has been suspended.

Summary: In Wilcox v. Butt’s Drug Stores , plaintiff came into pharmacy to purchase her usual laxative for her show dogs when pharmacist recommended a different brand that ended up killing one of the dogs. The New Mexico Supreme Court held that although sentimental value was not appropriate when calculating the dog’s value, it found recovery not to be limited to market value. Factors such as breed, special qualities, and purchase price were looked at to determine value.

Summary: Defendant was convicted of two counts of cruelty to animals, two counts of unlawful hunting, and negligent use of firearm. On appeal, the Supreme Court held that "any animal," within meaning of animal cruelty statute, applied only to domesticated animals and wild animals previously reduced to captivity, and thus, the animal cruelty statute did not apply to defendant's conduct in snaring two deer.  The court also held that even if the Legislature had intended to protect wild animals in Section 30-18-1, New Mexico's laws governing hunting and fishing preempt the application of Section 30-18-1 to the taking of deer by Cleve in this case.

Summary: Plaintiffs appeal from a judgment upholding the constitutionality of an ordinance of the Village of Tijeras, New Mexico banning the ownership or possession of a breed of dog “known as American Pit Bull Terrier.” The District Court of Bernalillo County upheld the ordinance and plaintiffs appealed. The Court of Appeals found that plaintiffs had notice that the ordinance proscribes the conduct in which they were engaged; thus, it was not void for vagueness. With regard to the argument that the ordinance violated substantive due process, the court found that ordinance was rationally related to legitimate village purpose of protecting the health and safety of the community. Finally, the court found that the ordinance did not violate procedural due process where the ordinance provides that a hearing is held after impoundment to determine whether the dog is a pit bull.

Summary: This New Mexico rule issued by the department of game and fish and all persons provides information on the taking and possession of protected wildlife for scientific and educational purposes.