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Dog law

Hello, my name is Daniel, I live in alamogordo New Mexico, my dog got out of my yard and was picked up by animal control. When I went in to get him back they told me I couldn't get him back unless they send him in and neuter him, I researched the state laws and local ordinances and they say that all I have to do is sign a agreement to have him neutered within 30 days and leave a 30 dollar diposit , but when I asked about it they tried telling me that I have to let them neuter him. They won't let me have him back the way he is and I don't know what to do. I have been searching all day for a lawyer or attorney or someone that can help me make them see that they are about to ruin my best friend. I also have been searching animal rights groups but no one seems to be able to do anything. I am unwilling to let this happen so if anyone can help or know where I can find help please let me know something.

Let me guess, daniel, your dog is a pit bull, right ?

Unless you are a professional dog breeder let them nueter him. It won't change him at all.

Outside dogs get out of their yard all the time. When the dog catcher gets them essentially they are under their care, custody and control. You just promising to get him neutered is not good enough for them. There are way too many unwanted dogs and cats and the animal control people are using strict controls to curb this. Essentially you're going to have to go along with their program as they are the ones that have your dog. Retaining an attorney is going to be a pricey matter. Neutering will actually calm your dog down.

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Originally Posted by twinkiedooter

OYou just promising to get him neutered is not good enough for them.

Especially since it is quite apparent that the OP will just pay the $30 and not get it done! Furthermore, the $30 deposit only applies to animals too young to be altered at the time that they are redeemed. And finally, the OP has 3 working days to redeem his dog, or else they can adopt it out to someone else or destroy the dog. So he doesn't really have a lot of time to shop around for a lawyer and take this to court.

So, if the OP really wants his dog back, he's going to have to agree to the sterilization, pay for it (plus 5%), and pay the rest of the fees to get his dog back. The time to worry about all this was before the dog got loose and picked up by animal control.

Quote:

Originally Posted by xxDanielxx

Hello, my name is Daniel, I live in alamogordo new mexico, my dog got out of my yard and was picked up by animal control. When I went in to get him back they told me I couldn't get him back unless they send him in and neuter him, I researched the state laws and local ordinances and they say that all I have to do is sign a agreement to have him neutered within 30 days and leave a 30 dollar diposit , but when I asked about it they tried telling me that I have to let them neuter him. They won't let me have him back the way he is and I don't know what to do. I have been searching all day for a lawyer or attorney or someone that can help me make them see that they are about to ruin my best friend. I also have been searching animal rights groups but no one seems to be able to do anything. I am unwilling to let this happen so if anyone can help or know where I can find help please let me know something.

Well, the short answer is to watch your best friend better and safeguard him from getting out.

The long answer is that this is undoubtedly controlled by local or County law - same thing in my area. If your unneutered dog is found running loose, you get no say - he comes back to you neutered UNLESS you have AKC papers and can prove you had intentions of breeding, such as a breeders license or past breeding experience.

Are you claiming this is a form of breed banning or are all bans subjected to neutering upon being found loose?

Just curious - why do you think neutering will ruin your dog?

EDIT - This is a type and should read, "or are all BREEDS subjected to neutering ..." - don't want anyone to be confused.

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Originally Posted by JudyKayTee

Are you claiming this is a form of breed banning or are all bans subjected to neutering upon being found loose?

Assuming you meant breeds instead of that second ban. But yes, all breeds are subject to the requirement. In fact the rule seems pretty simple to me:

7-03-025. Sterilization.
Every dog and cat adopted from the city animal control center shall be spayed or neutered by a licensed veterinarian at the expense of the adopting party. In addition to any other lawful fees due, any person reclaiming, adopting, or buying a dog or cat from the city shall pay a sterilization fee equivalent to the city's actual cost for sterilization plus a five-percent administrative fee for the sterilization service. A thirty dollar ($30.00) sterilization deposit and signed agreement will be required for persons reclaiming, or adopting animals that do not meet the age requirement to permit sterilization. The sterilization deposit shall be reimbursed upon presentation by the owner of a receipt from a veterinarian documenting that the animal has been sterilized or a sworn statement from the owner establishing the owner as a hobby breeder.

(Hobby breeder is a person involved in showing or controlled breeding of dogs and cats which are registered with a nationally or internationally recognized animal registry organization. )

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Originally Posted by froggy7

Assuming you meant breeds instead of that second ban. But yes, all breeds are subject to the requirement. )

Yes, that was a typo - thanks for the correction.

I'd still like to know why OP thinks neutering will harm the dog.

Let them neuter your dog! It will not change him! Doing that can help him to stay in his yard! They are less likely to run off.

I wonder if the OP ever got his dog out, or did he decide that keeping him intact was more important?