Section 77-1B-10 - Enforcement and injunctions. (Repealed effective July 1, 2012.) - New Mexico Statutes

77-1B-10. Enforcement and injunctions. (Repealed effective July 1, 2012.)

A.     The board or the board's designees shall enforce the provisions of the Animal Sheltering Act.

B.     Whenever the board has reasonable cause to believe a violation of a provision of the Animal Sheltering Act or a rule adopted pursuant to that act has occurred that creates a health risk for the animals or the community and immediate enforcement is deemed necessary, the board may issue a cease and desist order to require a person to cease violations.  At any time after service of the order to cease and desist, the person may request a prompt hearing to determine whether a violation occurred.  If a person fails to comply with a cease and desist order within twenty-four hours, the board may bring a suit for a temporary restraining order and for injunctive relief to prevent further violations.

C.     Whenever the board possesses evidence that indicates a person has engaged in or intends to engage in an act or practice constituting a violation of the Animal Sheltering Act or a rule adopted pursuant to that act, the board may seek temporarily or permanently to restrain or enjoin the act or practice.  The board shall not be required to post a bond when seeking a temporary or permanent injunction.