1. 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.
2. B. For livestock that is not an equine, 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.

3. C. For livestock that is an equine, the sheriff, other peace officer, proper military authority or the board shall impound the equine running at large and give notice in some newspaper published in the county where the violation occurred of three days prior to the day of disposition. The notice shall include a description of the equine and state when and where the equine was impounded and that:

   1. (1) unless the equine is redeemed by the legal owner within three days after publication of the notice, a registered equine rescue or retirement facility shall be given the right of first refusal to purchase the equine for an ownership transfer fee equal to all actual costs incurred by the impounding agency in caring for the equine while the equine was impounded;
   2. (2) if a registered equine rescue or retirement facility is unable or unwilling to purchase the equine, the board shall auction the equine through a sealed-bid process administered by the board and established in rule;
   3. (3) if the equine is not purchased through the sealed-bid process, the board may pursue an alternative placement for care with a last resort option to humanely euthanize the equine by a licensed veterinarian; and
   4. (4) any proceeds from the sale of an equine pursuant to this subsection shall be retained by the impounding authority to cover its expenses and costs, and the balance, if any, shall be paid to the general fund.
4. D. The owner of livestock impounded may redeem the livestock at any time prior to disposition 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.
5. E. A person claiming damages for violation of the provisions of Subsection A of this section 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; 2023, ch. 45, § 9.

ANNOTATIONS

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

The 2023 amendment, effective July 1, 2023, revised procedures for certain livestock that are running at large; in Subsection B, added "For livestock that is not an equine"; added a new Subsection C and redesignated former Subsections C and D as Subsections D and E, respectively; and in Subsection E, after "for violation of the", deleted "order" and added "provisions of Subsection A of this section".

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.