1. If this is your first time on BYC, we suggest you start with one of these three options:
    Raising Chickens Chicken Coops Join BYC
    If you're already a member of our community, click here to login & click here to learn what's new!

Las Cruces New Mexico Chicken Ordinance

By LarryPQ, Jan 11, 2012 | |
  1. LarryPQ
    Las Cruces New Mexico Chicken Ordinance

    Are Chickens Allowed in this locationYes
    Max Chickens AllowedZONING RESTRICTIONS APPLY
    Roosters AllowedNo
    Permit RequiredNo
    Coop RestrictionsCleanliness and Proximity restrictions apply
    City/Organization Contact nameMUST BE ZONED \"EE\" http://library.municode.com/index.aspx?clientId=13511&stateId=31&stateName=New Mexico
    Additional InformationSec. 7-3. Nonpermitted and permitted animals and fowl. (a) It shall be unlawful for any person to keep for any duration whatsoever within the city limits any live cattle, horse, donkey, mule, sheep, goat, swine, chicken, duck, goose, turkey, pigeon, dove, peacock, other like fowl, or prohibited animal except that licensed rehabilitators may maintain injured birds for rehabilitation purposes or as otherwise provided for under the special permits in article III of this chapter. Certain animals may be kept in certain zoning districts permitting the keeping of such animals. These districts are designated in the zoning code. Housekeeping requirements, as provided in this chapter, must be maintained, and animals are declared to be nuisances by the accumulation of flies or obnoxious odors. (b) It shall be unlawful for any person to keep for any duration whatsoever within the city limits any lizards belonging to the family Helodermatidae (gila monsters, Heloderma suspectum, and beaded lizards, Heloderma horridum) unless the appropriate federal, state and city permits for the possession of venomous animals are acquired prior to acquisition of the animals. (c) It shall be unlawful for any person to keep for any duration whatsoever within the city limits any snakes belonging to the families Elapidae, Viperidae, and within the Colubridae family (the twig snake, Thelotornis kirtlandii; boomslang, Dispholidus typus; and keelbacks, Rhabdophis) unless the appropriate federal, state and city permits for the possession of venomous animals are acquired prior to acquisition of the snakes. (d) The noncommercial raising of poultry, rabbits, cattle, horses, donkeys, mules, goats, or sheep in connection with the residential use of a lot is permitted in the designated zoning districts within the zoning code. (e) Pets and other animals or fowl that are permitted are as follows: (1) Two dogs or two cats or two rabbits, or any combination thereof not exceeding two pets per dwelling unit; however, there are no number restrictions on litters up to the age of four months. (2) Animals and fowl kept in a zoo or similar place of exhibition under the supervision of a public agency. (3) Animals or fowl kept in approved laboratories or schools for experimental or educational purposes. (4) Animal shelters operated by a governmental approved agency. (5) Any amphibians, reptiles, caged birds, aquarium fish, caged rodents or caged ferrets, maintained within the confines of a dwelling unit, except as prohibited/restricted by federal or state law regarding those species listed as threatened or endangered or as prohibited/restricted by the city codes enforcement department. (6) Any birds held by rehabilitators for the purpose of rehabilitation until such birds are able to be released or are euthanized. Rehabilitators must be licensed by the federal government, state department of game and fish and the city codes enforcement department. (Code 1988, § 7-3; Ord. No. 1869, § II, 5-21-01) Sec. 7-10. Prohibited sales, gifts; use of animals as prizes, inducements. (a) It shall be unlawful to sell, offer for sale, barter or give away any animal as a toy, premium or novelty. (b) It shall be unlawful for anyone to give away dogs, cats, rabbits or fowl of any age on public property except that representatives of the animal shelter may promote shelter activities and offer animals in the custody of the shelter for adoption at permitted events. (c) It shall be unlawful to color, stain, dye or otherwise change the natural color of any animal or to possess for the purpose of sale any animal which has been so colored. (d) No person shall give away any live animal as a prize for or as an inducement to enter any contest, game, or other competition or as an inducement to enter a place of amusement, and no person shall offer such animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. (e) No licensed commercial pet shop or dealer may offer for sale any venomous animals, other than tropical fish contained in labeled aquaria. (Code 1988, § 7-10; Ord. No. 2530, § I, 7-20-09) Sec. 7-227. Small animals. The following requirements are established for the keeping of small animals such as rabbits, poultry, goats, sheep, miniature horses, and the like: (1) The following minimum square footage and maximum number of small animals are allowable: one-half acre or more. The minimum square footage of an open lot area, not including a dwelling unit, shall be 2,000 square feet for each animal, provided the total number of animals shall not exceed 100, regardless of lot size. For animals not mentioned in this section, the density per acre limitation shall be determined by the planning department after consultation with relevant agencies. (2) No such animal shall be kept closer than 35 feet to an adjoining dwelling. (3) Keeping of such animals shall not be permitted in the required front, side and street side yard setbacks. (4) All small animals shall be provided with adequate enclosures to contain them within the boundaries of the owner\'s property. (5) No animal dwelling unit shall be kept closer than 100 feet to a water well. (6) All premises and facilities upon which animals, poultry, or fowl are permitted to be kept shall be maintained in a clean, orderly, and sanitary condition at all times. All manure shall be removed or spread, as not to constitute a nuisance, at least once each week, and all premises and facilities shall be treated weekly with biologically, ecologically, and environmentally approved pesticides for the control of odors, insects, and rodents, which in any way can be considered a clear and present nuisance or detriment to the health, safety, comfort, welfare, peace and tranquility of the general public. (7) All areas adjacent to any pen, coop, stable, stall, barn, corral, grazing or workout or training areas, or other building structures and areas where animals are kept and maintained, shall be graded to drain away from such facilities so as to prevent ponding and insect harborage. (8) The keeping and maintenance of small animals as provided for in this section, shall comply with all regulations and provisions of the city health and sanitation laws. (Ord. No. 370, § 11.2, 8-3-81; Ord. No. 1884, § IV, 8-6-01) EE—Equestrian estate and agriculture: The EE district is intended as a low density residential district of single-family site-built/manufactured housing on large lots specifically designed for farming and/or the raising and keeping of animals such as horses, mules, cows, pigs, sheep, goats, and fowl in a rural atmosphere. Limited commercial activity is permitted. The maximum density of this district is one dwelling unit per acre. Land uses allowed: Residential land uses (see section 38-33.A.) Detached, site-built, single-family dwelling unit Manufactured dwelling unit Residential-related land uses (see section 38-33.B.) Accessory uses and structures Greenhouse (noncommercial), garden shed or tool shed Recreational court, tennis, etc., private Agriculture and equestrian land uses (see section 38-33.C.) Animal raising Christmas tree farm Horticulture, all types Produce stand Veterinary facility Recreational land uses (see section 38-33.F.) Recreational court, tennis, etc., public Land uses allowed with conditions: Residential land uses (see section 38-33.A. and section 38-53) Accessory dwelling unit Bed and breakfast Guest dwelling Home for disabled Residential-related land uses (see section 38-33.B. and section 38-53) Home occupation Kennel/cattery (private residential) Real estate office (temporary) Storage of recreational vehicles and motor vehicle appurtenances Swimming pool, private Temporary uses Agriculture and equestrian land uses (see section 38-33.C. and section 38-53) Facilities for horses and other animals Institutional land uses (see section 38-33.D. and section 38-53) Family child care home Community buildings—Uses Religious institution/columbarium School (K—12) public, private, parochial Recreational land uses (see section 38-33.E. and section 38-53) Amusement park—Temporary Park Swimming pool, commercial or public Zoo/botanical park Retail land uses (see section 38-33.G. and section 38-53) Kennel/cattery, commercial Private club or lodge Transportation, wholesale trade, warehousing and bulk storage land uses (see section 38-33.H and section 38-53) Above ground storage tanks for flammable and combustible liquids and LP gas Manufacturing and related land uses (see section 38-33.I and section 38-53) Construction yard or building(s), temporary Utility land uses (see section 38-33.J, section 38-53 and section 38-59) Antenna, towers, communication structures, and other vertical structures Face mount (attached to primary use) Public/private utility installation Land uses allowed requiring a special use permit: Residential land uses (see section 38-33.A. and section 38-54) Halfway house Agriculture and equestrian land uses (see section 38-33.C. and section 38-54) Brewery/winery Racetrack, animal Rodeo arena Institutional land uses (see section 38-33.D. and section 38-54) Cemetery/columbarium Group child care home Recreational land uses (see section 38-33.E and section 38-54) Amusement park—Permanent Country club Golf course Golf driving range Sports complex Transportation, wholesale trade, warehousing and bulk storage land uses (see section 38-33.H. and section 38-53) Heliport/helistop Manufacturing and related land uses (see section 38-33.I. and section 38-54) Extraction of raw materials Utility land uses (see section 38-33.J., section 38-54, and section 38-59) Antenna, towers, communication structures, and other vertical structures
    Link for more Informationhttp://library1.municode.com/default-test/home.htm?infobase=11136&doc_action=whatsnew
    Information Last Updated2010-03-24 17:59:17

    NOTE: This information was submitted by a member of our chicken forum. Please make sure to double check that this information is accurate before you proceed with raising chickens. You can read more info about checking local laws here..

    Share This Article

Comments

To make a comment simply sign up and become a member!

BackYard Chickens is proudly sponsored by