Section 28-11-5 - Findings and purpose; interference with qualified assistance animals prohibited; criminal and civil penalties. - New Mexico Statutes

28-11-5. Findings and purpose; interference with qualified assistance animals prohibited; criminal and civil penalties.

A.     The legislature finds that unrestrained dogs constitute a danger to qualified assistance animals and public safety.  The purpose of this section is to protect persons with disabilities and qualified assistance animals from attack by unrestrained dogs.

B.     it is unlawful for any person, with no legal justification, to:

(1)     intentionally interfere with the use of a qualified assistance animal by harassing or obstructing the owner or trainer of the qualified assistance animal or the qualified assistance animal; or

(2)     intentionally fail or refuse to control the person's unrestrained dog, and that dog interferes with or obstructs the owner or trainer of the qualified assistance animal or the qualified assistance animal.

C.     The provisions of this section shall not apply to unrestrained dogs on private property not open to the public.

D.     A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished pursuant to Section 31-19-1 NMSA 1978.  A person convicted under this section may be ordered to pay restitution, including the cost of veterinary bills and replacement and training costs of a qualified assistance animal, if such costs are incurred as a result of the violation.

E.     Nothing in this section shall be construed to preclude any other remedies otherwise available pursuant to common law or the NMSA 1978.