(A) The Council finds that the City shall endeavor to protect animals in the City. Nothing herein shall be interpreted as expanding the scope of the City’s liability under the New Mexico Tort Claims Act.
(B) The Council further finds that the people of Albuquerque should treat animals as more than just lifeless inanimate chattel property and recognizes that the relationship between human beings and animals is a special relationship that improves people’s lives and reflects basic humanitarian beliefs.
(C) The Council further finds that the public mind-set toward animals must shift to the more progressive, humane, and compassionate attitude evident in other jurisdictions with stricter animal laws. Several other municipalities have achieved positive animal population management results by aggressively microchipping companion animals, permitting and tracking pet sales and animal breeding, and providing funding for free, low and moderate income spay and neuter programs.
(D) The Council further finds that the City should continue to fund free low and moderate income microchipping and spay and neuter programs through fees collected in this article and from general fund monies as needed.
(E) The Council further finds that it is important to assist the public in finding lost pets by encouraging individuals who find strays to provide information about the lost animals to the City so the City can post the information at AACC facilities and on the website. The City will create a Lost and Found program that will be on the City website. Individuals who have lost an animal will have the opportunity to access complete information about whether the City or any other person has found that animal.
(F) The Council further finds that in certain situations animals may pose a serious public safety threat to our community. The City of Albuquerque shall endeavor to work toward the prevention of animal attacks on humans and other animals. Laws against chaining animals, stricter laws dealing with animal overpopulation, and enforcing animal restraint and housing laws are tools to help eliminate dogs roaming at large and will ultimately help make our community safer.
(G) The Council further finds that dogs that bark excessively, and not in response to any apparent stimulus, create a public nuisance. Many dogs spend much of their lives alone in yards or restrained by ropes or chains. Dogs that are restrained by chaining or tethering are more likely to create barking problems, are more likely to be aggressive toward humans and other animals, and are more likely to run away and end up in animal shelters that have no choice but to euthanize them. The Council is opposed to the restraint of companion animals by ropes or chains and is also opposed to owners who refuse to provide adequate care or supervision for companion animals in their charge.
(H) The Council further finds that spayed and neutered animals are less likely to run loose, bark excessively, and endanger the public and other animals. Most importantly, altered animals do not add to the animal overpopulation problem. Altered animals are less likely to end up at animal shelters that have no other option but to destroy those animals.
(I) The Council further finds that companion animal over-population in the City endangers animals and human beings. Animal overpopulation requires taxpayers to bear the burden of caring for tens of thousands of unwanted or lost animals. In 2005, the City was forced to euthanize an average of 300 unwanted dogs and cats a week. We must lower the overwhelming supply of animals, bringing it in line with the much lower demand.
(J) The Council further finds that some jurisdictions have abandoned the common law rule of categorizing animals as chattel property, subject to the complete discretion of the owner. These progressive jurisdictions have expanded the role of government to include protecting animals from unfettered callous acts that cause pain or suffering. Under this modern, progressive view, the state can obtain warrants to search property based on probable cause pertaining to cruelty or neglect of an animal and enter property without a warrant based on exigent circumstances to seize an animal that is in need of emergency medical care. The Council finds that this progressive approach is appropriate for the City.
(K) The Council further finds that animal abuse has a direct and significant correlation with domestic violence, child abuse, and elder abuse. The Council finds that there are several obvious indicators of animal abuse and neglect that should be much more vigorously investigated and prosecuted by the City in order to help uncover other abuse occurring in the family. In many abuse situations, the victim is not willing to leave behind an animal that will almost certainly become the next victim of abuse. Although domestic violence and emergency shelters provide an invaluable service, they are not able to accept animals. The AACC is in the position to help with this problem.
(L) The Council further finds that judges have a significant role in the disposition of animal cases and respectfully asks our courts to strictly enforce animal cases to the fullest extent of the law, to treat animal abuse as a serious offense, because all types of abuse have a direct correlation and must be unacceptable behavior.
(M) The Council further finds that responsible pet owners already provide adequate health care, proper food, and water and successfully restrain the animals in their custody and will not be overly burdened by this article.
(Ord. 18-2006; Am. Ord. 2019-032)