For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
AACC. Albuquerque Animal Care Center.
AACC VETERINARIAN. A Veterinarian employed by the City and assigned to AACC.
AACC WEBSITE. An Internet site maintained by AACC.
ABANDONMENT. An Owner’s intentional act of abdicating reasonable care or control of an Animal in a location where any reasonable person would know the Animal has little chance of finding food, Potable Water or shelter.
ADEQUATE SHELTER. A structurally sound, adequately ventilated, weatherproof structure that is comprised of non-toxic materials and interior floors that minimize injury and discomfort to the Animal. The
structure must be clean and of a suitable size as to limit overcrowding by properly accommodating the specific Animal. The structure must protect the Animal from extreme conditions. The Animal must be able to lie down fully and rise to its feet, in a natural manner, consistent with the Animal's species. An Adequate Shelter must be within a Secure Fence.
ADMINISTRATIVE HEARING. The process by which any grievance under this article is resolved by adjudication.
ADMINISTRATIVE HEARING OFFICER. The City Hearing Officer, as defined by the Independent Office of Hearings Ordinance (§§ 2-7-8-1 et seq. ROA 1994).
ADOPTION. The transfer of ownership of an Animal Impounded at AACC to a Qualified Adopter.
AGGRESSIVE. With respect to a Companion Animal in the care of AACC, that the Companion Animal is objectively observable as unnaturally hostile or violent toward humans when unprovoked according to a comprehensive checklist of observable objective characteristics of the Companion Animal compiled by two or more Independent Observers conducting evaluations at different times and with respect to a Companion Animal not in the care of AACC, that the Companion Animal is objectively observable as unnaturally hostile or violent toward humans when unprovoked according to the perspective of any reasonable Person objectively observing the Companion Animal.
ALBUQUERQUE ANIMAL CARE CENTER or AACC. Any City of Albuquerque Animal Welfare Department (AWD) premises, locations or buildings designated as suitable by the Mayor’s designee for the care, custody and maintenance of Animals seized by the City.
ALTER. To render an Animal incapable of reproduction.
AMERICAN VETERINARY MEDICAL ASSOCIATION. Not-for-profit association representing more than 72,000 Veterinarians, the goal of which is improving Animal and human health and advancing the Veterinary medical profession.
ANIMAL. Any living nonhuman mammal, bird, reptile, or amphibianincluding bats, Companion Animals, Companion Birds, Domestic Animals, Exotic or Wild Animals, Livestock, pigeons, porcupines, Poultry, prairie dogs, rabbits and skunks. For the purpose of this article, insects and arachnids are not included in the definition of ANIMALS.
ANIMAL BROKERS. Individual who or group which deals in regulated Animals but does not take physical possession. Must be licensed through the USDA. Sometimes known as “bunchers”, unscrupulous brokers are known to pose as loving adopters, even bringing children with them when responding to “free to good home” ads in local newspapers.
ANIMAL SERVICE OFFICER or ASO. Any Person employed by the City, assigned to AACC and charged by the Mayor’s designee with enforcement of this article in the field and to perform other duties as assigned by the Mayor’s designee.
ANIMAL-DRAWN VEHICLE. Any vehicle pulled by an Animal.
ANIMAL-DRAWN VEHICLE PERMIT or ADVP. A Permit allowing a Person to attach an Animal to a vehicle for the purpose of moving the vehicle.
ANIMAL EXHIBIT. A Companion Animal or Companion Bird show, petting zoo, pony ride, rodeo or other Animal activity operated for the purposes of showing Animals. Prohibited Exotic or Wild Animals are forbidden in Animal Exhibits.
ANIMAL FIGHTING PARAPHERNALIA. Equipment that any reasonable Person would ascertain is used for Animal fighting purposes, including:
(1) Instruments designed to be attached to the leg of a bird, such as a knife, gaff or other sharp instrument;
(2) Items to train and condition dogs to fight including hides or other material used as hanging devices to strengthen or condition dogs, wooden sticks or handles used to pry open dog's jaws, performance enhancing drugs or substances, or food or water additives; and
(3) The presence of any dog that appears to be a fighting dog alone or together with Animals suspected of being used as Bait Animals, including rabbits, cats and other dogs.
ANIMAL HANDLER. Any Person employed by the City, assigned to AACC and charged by the Mayor’s designee to humanely receive, inspect, feed, clean and care for Animals Impounded at AACC, to assist the public and Rescue Groups in viewing and selecting Companion Animals and to perform other duties as assigned by the Mayor’s designee.
ANIMAL HEALTH TECHNICIAN or VET TECH. Any Person employed by the City, assigned to AACC and charged by the Mayor’s designee to assist the AACC Veterinarian.
ANIMAL POSSESSION LIMITS. The number of Animals allowable at one Household without generating the need for a Multiple Animal Site Permit.
ANIMAL SERVICE PROVIDER. Any Establishment that takes temporary possession of an Animal from the Owner, not on the Owner’s property, to perform a service for the Animal or Owner, including Grooming Parlors, Animal Day Care establishments and Boarding Kennels, but excluding Pet Stores. ANIMAL SERVICE PROVIDER does not include a licensed Veterinarian.
ANIMAL SHELTER. A pound, lot, premises or building maintained by the City or a private organization, for the care and custody of animals.
ANTI-RABIES VACCINATION. Inoculation with an anti-rabies vaccine recognized and approved by the State of New Mexico and given in an amount sufficient to provide immunity from rabies for a minimum of one year.
AT LARGE. An Animal, on or off the Owner's premises, that is not contained by a Secure Fence, a Secure Facility, a Secure Enclosure, secured in the back of a pickup truck, inside a vehicle with proper ventilation or restrained on a leash no longer than eight feet held by a responsible Person capable of controlling the Animal. Verbal commands do not constitute control of an Animal. An At Large Animal is in violation of the leash law.
BAIT ANIMAL. An Animal used to train or condition other Animals to fight and includes living dogs, cats and rabbits exposed to attack by other dogs used or trained to be used in dog fighting or to make the attacking Animal more confident and Aggressive.
BASIC GROOMING. Examination, attention and acts reasonably necessary to maintain the eyes, ears, beaks, hooves, feet, coat and skin of an Animal in healthy condition. Basic Grooming also obligates an Owner to provide any and all materials an Animal requires for self-grooming. BASIC GROOMING does not include acts to maintain appearance only.
BASIC MEDICAL CARE. Reasonable medical care required by the species, including periodic examinations by a Veterinarian, prompt Veterinary care when required, age and species appropriate Vaccinations, Basic Grooming and internal and external Parasite Control where appropriate.
BITE. A puncture or tear of the skin inflicted by the teeth of a Companion Animal.
BITTERING AGENT. Nontoxic substance added to palatable toxic substances, including antifreeze, to make those substances unpalatable to Animals and humans. It is important to note that this additive does not change the toxic nature of antifreeze.
BOARDING KENNEL. An Establishment where Animals are housed overnight for the benefit of the Owner but does not include Guard Dog Sites, state inspected Veterinary hospitals, Pet Stores, or Zoos.
BONA FIDE ANIMAL SHOW. An exhibition approved by the Mayor’s designee of Companion Animals, Companion Birds or Horses in competition for prizes or awards that does not include sales or fighting.
CAGE. A structure for confining birds or animals, enclosed on at least one side by a grating of wires or bars that lets in air and light.
CHAIN. A chain, tether or other device used to restrain an animal when the Animal is not accompanied by a Person.
CHAINING or TETHERING. Confining an Animal when unattended by an individual with a tether, rope, chain, or other device to a doghouse, stake, tree, structure or other stationary object.
CHEMICAL RESTRAINT DRUG. Any drug administered to a Companion Animal prior to Euthanasia to reduce aggressiveness, excessive mobility or stress to the Companion Animal including ketamine, xylazine, and acepromazine.
CLERICAL WORKER. Any Person employed by the City, assigned to AACC and charged by the Mayor’s designee to provide Adoption services to the public, answer telephones, enter data or perform other duties as assigned by the Mayor’s designee.
COCKFIGHT or COCKFIGHTING. A fight arranged by a Person involving one or more birds and that has the purpose or probable result of one bird inflicting injury on or killing another bird.
COMMERCIAL PROPERTY. Any property not zoned for dwelling units under the Integrated Development Ordinance. A vehicle or other temporary mobile facility used for the purpose of doing business concerning or involving Animals shall also be deemed Commercial Property for the purposes of this article.
COMPANION ANIMAL. A dog or cat that is not a Hybrid.
COMPANION BIRD. A bird commonly kept as a pet by humans and confined on the property of the Owner, including parakeets, canaries, lovebirds, finches, parrots, macaws, cockatoos, cockatiels, toucans and lories, but excluding:
(1) All of the family Anatidae (waterfowl);
(2) All of the family Tetraonidae (grouse and ptarmigans);
(3) All of the family Phasianidae (quail, partridges and pheasants);
(4) All of the family Meleagridae (wild turkeys) except for the domestic strains of turkeys;
(5) All of the family Perdicidae (francolins);
(6) All of the family Gruidae (cranes);
(7) All of the family Rallidae (rails, coots and gallinules);
(8) All of the family Charadriidae (plovers, turnstones and surfbirds);
(9) All of the family Scolopacidae (shorebirds, snipe, sandpipers and curlews);
(10) All of the family Recurvirostridae (avocets and stilts);
(11) All of the family Phalaropodidae (phalaropes);
(12) All of the family Columbidae (wild pigeons and doves) except for the domestic strains of pigeons; and
(13) Ducks, geese, chickens and other poultry.
CONFISCATE. A City official has Seized an Animal with the intent and purpose to divest the Owner of all interest in the Animal and following the procedures set forth in this article, to convey all rights, ownership and interests in the Animal to the City of Albuquerque for the benefit of the Animal and the public.
CONSTRUCTIVE POSSESSION. The exercise of dominion and control over the location and treatment of property without taking physical possession of the property.
CRATE. A device or structure designed for the temporary confinement of an Animal.
CRUELTY. A Person intentionally killing an Animal without Lawful Justification or mistreating, injuring, maiming, disfiguring, tormenting, torturing, beating, mutilating, burning, scalding, poisoning, attempting to poison or otherwise unnecessarily causing an Animal to suffer physical or emotional harm. Any of the following is a separate act of Cruelty: failing to provide necessary sustenance to an Animal under that Person's Custody or control, failing to provide Adequate Shelter, failing to provide Potable Water, failing to provide palatable, nutritious food of adequate quantity, taunting an Animal, dyeing, or artificially coloring an Animal under the age of 12 weeks, transporting an Animal in an open vehicle without proper restraints, leaving an Animal in a vehicle when the temperature is such that it could cause pain or suffering to the Animal. Abandonment or Neglect of an Animal is Cruelty. Inaction of the Owner toward an Animal in need of Basic or Emergency Medical Care is Cruelty. Surgery by a Veterinarian is not Cruelty but ear cropping, de-barking, tail docking or Alteration by an individual who is not a Veterinarian is Cruelty. Euthanasia by a Veterinarian or a Euthanasia Qualified Employee of AACC shall not be deemed Cruelty provided it is carried out by methods specified in this
article or by other generally accepted methods. The application of pesticides or rodenticides by a properly licensed professional is not Cruelty.
CUSTODY. The possession, control over and responsibility for an Animal by a Person who may or may not be the Owner.
DEA. Drug Enforcement Agency.
DIRECTOR. The Director of the Environmental Health Department of the City.
DISPLAY. Any exhibition, act, circus, ride, trade show, carnival, parade, race, photographic opportunity, performance or similar undertaking in which Animals are required to perform or participate for the intended amusement or benefit of an audience.
DOGGIE DAY CARE. An Establishment that takes temporary possession of an Animal to provide safety, comfort and socialization for the Animal.
DOMESTIC ABUSE BOARDING. A program at AACC where Animals owned by a victim of a Domestic Abuse Situation may obtain temporary housing at AACC.
DOMESTIC ABUSE SITUATION. Any situation defined in the Crimes Against Household Members Act, §§ 30-3-10 NMSA 1978, et seq.
DOMESTIC ANIMAL. Any Animal whose psychology has been determined or manipulated through selective breeding and which does not occur naturally in the wild and includes ferrets, gerbils, guinea pigs, hamsters, horses, mice, rabbits, donkeys, rats and kangaroo rats. All Companion Animals are Domestic Animals but all Domestic Animals are not Companion Animals.
EMERGENCY MEDICAL CARE. The care required in response to a traumatic injury or rapidly evolving health crisis concerning an Animal.
ENVIRONMENTAL ENRICHMENT. Safe products appropriate for the species that will stimulate mental, physical and grooming activities for Animals.
ESTABLISHMENT. A place of business in a zone other than a Residential Zone together with its grounds and equipment.
ESTRUS. The regularly recurring state rendering a female Animal capable of accepting the male Animal for breeding and conception.
EUTHANASIA. The killing of an Animal in a manner commonly recognized as humane and acceptable by local Veterinarians or HSUS. Intra- cardiac shots are absolutely prohibited as a form of Euthanasia at AACC.
EUTHANASIA AUTHORIZED. Employees of AACC who have met the necessary training requirements to perform Euthanasia and have been authorized by the Person In Charge to humanely destroy the life of an Animal.
EUTHANASIA QUALIFIED EMPLOYEE. An AACC employee who is trained and certified by HSUS to be qualified to perform Euthanasia and approved by the Mayor’s designee to perform Euthanasia at City facilities.
EUTHANASIA ROOM. A separate room at AACC facilities used to perform Euthanasia and for no other purpose and which meets all the requirements set forth in this article.
EXOTIC or WILD ANIMALS. Those species of Animals that are exotic to humans. EXOTIC ANIMALS include any or all of the following orders and families, whether bred in the wild or in captivity, and any or all hybrids. The Animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of Animals, unless otherwise specified:
(1) Class Mammalia
(a) Order Artiodactyla (hippopotamuses, giraffes, camels, deer, not cattle or swine or sheep or goats)
(b) Order Carnivora
1. Family Felidae (lions, tigers, cougars, leopards, ocelots, servals, not domestic cats)
2. Family Canidae (wolves, coyotes, foxes, jackals, not domestic dogs)
3. Family Ursidae (all bears)
4. Family Mustelidae (weasels, skunks, martens, minks, not ferrets)
5. Family Procyonidae (raccoons, coatis)
6. Family Hyaenidae (hyenas)
7. Family Viverridae (civets, genets, mongooses)
(c) Order Edentatia (anteaters, armadillos, sloths)
(d) Order Marsupialia (opossums, kangaroos, wallabies, not sugar gliders)
(e) Order Perissodactyla (rhinoceroses, tapirs, not horses or donkeys or mules)
(f) Order Primates (lemurs, monkeys, chimpanzees, gorillas)
(g) Order Proboscidae (elephants)
(h) Order Rodentia (squirrels, beavers, porcupines, not guinea pigs, or rats, or mice, or gerbils, or hamsters)
(2) Class Reptilia
(a) Order Squamata
1. Family Varanidae (only water monitors and crocodile monitors)
2. Family Iguanaidae (only green iguanas and rock iguanas)
3. Family Boidae (all species whose adult length has the potential to exceed eight feet in length)
4. Family Colubridae (only boomslangs and African twig snakes)
5. Family Elapidae (coral snakes, cobras, mambas) - All species
6. Family Nactricidae (only keelback snakes)
7. Family Viperidae (copperheads, cottonmouths, rattlesnakes) - All species
(b) Order Crocodilia (crocodiles, alligators, caimans, gavials) - All species
(c) Order Cetacea (whales, dolphins, porpoises)
(d) Order Pinnipedia (seals, sea lions, walruses)
EXOTIC OR WILD ANIMAL COLLECTION PERMIT or EWACP. The Permit allowing a Person to own a Permissible Exotic or Wild Animal within the Albuquerque City Limits.
EXTREME CRUELTY. A Person is guilty of Extreme Cruelty to Animals if a Person intentionally or maliciously tortures, mutilates, injures or kills an Animal, or if a Person poisons an Animal. Extreme Animal Cruelty is governed by §§ 30-18-1 NMSA 1978 et seq. and is a Fourth Degree Felony, punishable by a fine up to $5,000 and 18 months imprisonment.
FACILITY-WIDE CONTAGION. The presence of any disease at AACC which could be passed from one Animal to another or to humans to a degree not ordinarily found in nature and exacerbated by the close proximity of large numbers of Animals at AACC.
FIGHTING BIRD. A bird that is possessed, reared or trained for use in, or that is actually used in, a Cockfight or any other fight or contest involving Animals.
FIGHTING DOG. A dog that is trained for use in, or that is actually used in a fight with other dogs or any other Animal.
FINDER. Any Person who discovers and temporarily takes possession of a Companion Animal that has been separated from its Owner.
FOSTER. To take temporary Custody of any Animal with the approval of or at the request of AACC to administer veterinary care, groom, train, provide special feeding, care for or otherwise provide for the Animal.
FOSTER CARE PROVIDER. Any Person who fosters an Animal from or through AACC to lend aid and comfort and to otherwise assist in making the Animal Adoptable or, in the case of Domestic Abuse Boarding,
to provide a safe, homelike environment to minimize the negative effects on the Animal of being separated from its family.
FOUND COMPANION ANIMAL. A Stray Animal that is temporarily possessed by a Person who has registered with AACC to hold the Animal for Reclaim by the Owner or subsequent disposition as provided in this article.
GAFF. An artificial steel spur designed for attachment to the leg of a Fighting Bird.
GROOMING PARLOR. An Establishment that is maintained in whole or in part for the purposes of performing cosmetological services for Animals.
GUARD DOG. A dog that is used to protect a Guard Dog Site.
GUARD DOG SITE. An Establishment that utilizes a Guard Dog.
GUARD DOG SITE PERMIT or GDSP. The Permit required for a Guard Dog Site.
HARNESS. With respect to a dog, a properly fitting apparatus that is not abrasive and that restrains the dog by the body and shoulders without the involvement of the neck. With respect to a cat, a properly fitting apparatus that is not abrasive featuring adjustable collar buckles around the neck that are joined to an adjustable girth.
HEALTHY. That an Animal is free from disease and not suffering from any objectively observable illness.
HOUSEHOLD. A human social or family unit comprised of Persons living, residing and domiciled in the same residence.
HSUS. The Humane Society of the United States or its successor entities.
HYBRID. An Animal created by breeding Animals of different species. Dogs, wolves and coyotes are different species for purposes of this definition.
IDENTIFIED. A Companion Animal that has an affixed License Tag, Microchip, Tattoo or other indication of the Owner sufficient for AACC or any other
Person to contact the Owner or is known to an ASO or other AACC employee.
ILLNESS. A malady, injury, impairment, or physical/mental condition that requires veterinary care.
IMPOUND. Receipt of an Animal by AACC for processing as provided in this article.
INDEPENDENT OBSERVER. A Person who evaluates a dog for Aggressive behavior without knowing about the conclusions or observations of another Person who has also evaluated the dog. INDEPENDENT OBSERVER shall also mean a Person who evaluates a dog with no predisposition or prejudice concerning the dog and who is free from influence by any third Person desiring any certain outcome of the assessment.
INJURED. The condition of an Animal's being harmed, disabled or impaired in a physical sense which is determined by the reasonable objective observation of wounds, injured limbs, broken bones, or disfiguring lacerations.
INTACT. A dog or a cat over six months old that has not been Altered.
INTACT COMPANION ANIMAL PERMIT or ICAP. The annual Permit issued to the Owner of a Companion Animal that has not been Altered.
INTACT COMPANION ANIMAL SITE. Any residence, building or other structure in a Residential Zone that is used in whole or in part to house or keep an Intact Animal.
INTAKE AREA. The area set aside at each AACC facility where Animals are dropped off by the public, Surrendered by the Owner, or brought in by Animal Service Officers or other public safety personnel.
INTAKE DAY. The first day of arrival of an Animal at AACC during which time the Animal goes through the Intake Process.
INTAKE PROCESS. The procedure for receiving, documenting, photographing, physically examining, vaccinating, de-worming and applying parasite prevention to Animals that arrive at AACC, and includes all activities between the time of arrival and the time the Animal is put in the Enclosure where it will be housed while at AACC.
INTENT TO ADOPT. A document filed with AACC indicating that a Qualified Adopter wants to Adopt a Companion Animal not currently available for Adoption.
LAWFUL JUSTIFICATION. A strictly construed defense to a charge of Cruelty based on an immediate need to defend a threatened Person or Animal from an imminent attack by an Animal apparently capable of causing death or serious bodily injury to the threatened individual or Animal.
LEASH LAW. Animals, other than wild animals not owned by any human, must be restricted at all times by either a Secure Fence, a Secure Facility, a Secure Enclosure, secured in the back of a pickup truck, inside a vehicle with proper ventilation, or be on a leash no longer than 8 feet long accompanied by a person able to control the Animal.
LETHAL DRUG. A chemical that causes the humane death of an Animal and that is approved by the AACC Veterinarian and the Mayor’s designee.
LICENSE. An Albuquerque Companion Animal License.
LICENSE TAG. The tag supplied by AACC or its agents that contains the number of an Albuquerque Companion Animal License.
LITTER. One or more sibling offspring Companion Animal under six months old.
LITTER PERMIT. Permit required when an Animal becomes pregnant.
LITTER SURRENDER AGREEMENT. An agreement between the Mayor’s designee or his or her designated representative(s) and the Owner of a Litter.
LIVE HUMANE TRAP. Any device designed to catch and restrict an Animal without causing any harm to the Animal.
LIVESTOCK. Livestock as defined in the State Livestock Code and shall include, but not be limited to, bison, buffalo, cattle, horses, donkeys, mules, chickens, ducks, poultry, llamas, ostriches, emus, rheas, camelids (camels), farmed cervidae, swine, sheep or goats.
LOST AND FOUND PROGRAM. An AACC program that focuses on reuniting lost Animals with their Owners.
LOW INCOME PERSON.
(1) A Person who possesses:
(a) An EBT card issued by the State of New Mexico for Food Stamps;
(b) Either the annual letter of statement of benefits or monthly benefit card for Supplemental Security Income;
(c) An EBT card issued by the State of New Mexico for the Temporary Assistance for Needy Families program; or
(d) A Medicaid health benefit card; or
(2) A Person:
(a) Whose income is 50% or less of the median gross income for the City adjusted for family size, as determined by the U.S. Department of Housing and Urban Development or by figures obtainable from the Family and Community Services Department of the City of Albuquerque or its successor agencies; and
(b) Who signs and submits an affidavit to AACC swearing that his or her income is 50% or less of the median gross income for the City, adjusted for family size.
MAYOR’S DESIGNEE. The Mayor of the City of Albuquerque or his or her designee.
MEDICAL WAIVER CERTIFICATE. A document written by a Veterinarian stating why a Companion Animal should not be altered. Used in cases when Alteration would pose a substantial threat to the health of the Animal.
MICROCHIP. A passive transponder which can be implanted in an Animal by injection and which is a component of a radio frequency identification (RFID) system, but excluding any system that is not compatible with the scanner used by AACC.
MODERATE INCOME PERSON. Any Person:
(1) Whose income is 80% or less of the median gross income for the City adjusted for family size, as determined by the U.S. Department of Housing and Urban Development or by figures obtainable from the Family and Community Services Department of the City or its successor agencies; and
(2) Who signs and submits an affidavit to AACC swearing that his or her income is 80% or less of the median gross income for the City, adjusted for family size.
MULTIPLE COMPANION ANIMAL SITE or MCAS. Property in a Residential Zone upon which, by virtue of a Permit, the Owner is allowed to exceed the authorized Companion Animal number limits authorized by this article.
MULTIPLE COMPANION ANIMAL SITE PERMIT or MCASP. The Permit required to operate a Multiple Companion Animal Site.
NEGLECT. The failure of an Owner to provide care for an Animal in the Owner’s Custody which failure causes an Animal to suffer physical or emotional harm.
NIGHTTIME. The period starting at 10:01 p.m. and ending at 7:00 a.m. the following day.
OWNER. A Person who possesses an Animal and claims a legally valid right of possession of an Animal superior to the rest of the world. Under this article, any Person acting as the agent of the Owner and any Person over the age of 18 in a Household and left in charge of an Animal may be deemed the Owner.
OWNER SURRENDER. The relinquishment by the Owner of all rights in and to an Animal to AACC.
OWNER SURRENDER ACKNOWLEDGEMENT FORM. The AACC form that an Owner executes in order to relinquish an Animal to AACC.
PARASITE CONTROL. Eradication of pests such as insects, ticks, fleas, worms, and other organisms living or seeking to live in or on an Animal. Reasonable Parasite Control measures must be employed to eradicate parasites from all areas an Animal has access to and from the body of the Animal.
PERMANENT IDENTIFICATION. Companion dogs and cats required to have a permanent, easily detectable, identification number applied by a Veterinarian by means of a Microchip or Tattoo.
PERMISSIBLE EXOTIC OR WILD ANIMALS. Exotic or Wild Animals, the Ownership of which does not violate state or federal law.
PERMIT. A document evidencing approval by the Mayor’s designee to conduct a certain activity or possess a certain Animal.
PERMIT HOLDER. A qualified person to whom a valid permit has been provided.
PERMITTED PREMISES. The Establishment, residence, real property or other site for which a valid Permit has been issued.
PERSON. An individual, firm, partnership, corporation, company, society, association or legal entity, and every officer, agent or employee thereof.
PERSON IN CHARGE. The individual present or individual in apparent supervision or control of a premise.
PET STORE. An Establishment that, in whole or in part, offers Animals, other than Companion Animals, for sale or resale, or sells Animals to consumers or wholesalers.
PET STORE PERMIT or PSP. A Pet Store Permit for Pet Stores that do not sell Companion Animals.
POLICE OFFICER. Any sworn member of the Albuquerque Police Department or any sworn officer of any other law enforcement agency authorized and empowered to enforce or execute laws in the City.
POSSESSION. Custody of an Animal.
POTABLE WATER. Water that is safe for drinking.
POULTRY. Any bird that is kept as a pet or any bird that is commonly used by humans for eggs or meat. Companion Birds are not considered Poultry in this article.
PROHIBITED EXOTIC or WILD ANIMALS. Any Exotic or Wild Animal that is unlawful to own, possess, keep, harbor, bring into the city, have in one's possession or allow to breed under federal or state law.
PROOF OF OWNERSHIP. Any documentation or evidence which proved to the satisfaction of the Mayor’s designee that a Person is the Owner of an Animal, including a Microchip identification, Veterinarian invoice, official registration, or photographs of the Animal.
PROTECTIVE CUSTODY. The temporary control over and care of an Animal at AACC.
PROVOKED. The response of an Animal that a reasonable Person believes the Animal has taken to defend itself, its Owner or family member, or another Person within its immediate vicinity from assault, actual or perceived, or to defend real property belonging to its Owner or family member.
QUALIFIED ADOPTER. A Person who is 18 years of age or older, who has never been convicted of any form of Cruelty under any law and in addition has not been convicted two or more times for any violation of this article or its predecessor ordinances, has never had any Animal-related Permit Revoked or Suspended, has never failed to Reclaim an Animal from AACC, has not Surrendered an Animal within one year of the time of Adoption and has never been convicted of child or domestic abuse.
QUARANTINE. The segregation of an Animal for any time as required under state law or this article in order to control the spread of rabies or contagious illness.
RABIES VACCINATION. Inoculation with an anti- rabies vaccine recognized and approved by the State of New Mexico and given in an amount sufficient to provide immunity from rabies for a minimum of one year.
RECLAIM. An Owner's recovery of an Animal that has been Impounded at AACC.
REHABILITATORS. Individuals who provide professional care to sick, injured, and orphaned wild animals so they can ultimately be returned to their natural habitats. Such rehabilitation is not an attempt to turn wild animals into pets. Patients are held in captivity only until they are able to live independently in the wild.
RESCUE GROUP or RESCUE INDIVIDUAL. Those groups or individuals approved by the Mayor’s designee for the purpose of Adopting Animals from AACC at a reduced rate to provide needed medical, grooming, behavioral or rehabilitative services in order to facilitate successful Adoptions of Animals.
RESERVE ANIMAL SERVICE OFFICER or RESERVE ASO. Any Person who volunteers without compensation to assist ASOs in the field.
RESIDENTIAL ZONE. “Zone, Residential” as defined in the city's Integrated Development Ordinance.
RETURN BY ADOPTER. That an Animal has been returned to AACC within thirty days of Adoption.
SAFE HAVEN. The period of time when an Animal is exempt from Euthanasia.
SANCTUARY. Areas protected through the management of human activities to provide and maintain habitat, other wildlife, and the ecosystems that support them. Inclusions: National Wildlife Areas, Migratory Bird Sanctuaries, Conservation Areas and Marine Protected Areas.
SECURE ENCLOSURE. Cage or box, that may be portable, from which an Animal is not able to escape or be invaded.
SECURE FENCE. A visible protective or confining barrier that prevents any Animal, including Guard Dogs, from escaping the property on which the Animal is being restricted. The Secure Fence shall also reasonably protect the Animal within the fence from other Animals or people coming into contact with the restrained Animal. This includes a dog run type structure.
SECURE FACILITY. A house or building in which an Animal is being restricted that will prevent the Animal, including a Guard Dog, from being able to escape.
SEIZE. To take Custody of an Animal with or without notice to the Owner or the consent of the Owner. Exigent circumstances must exist if an Animal is taken into Custody without notice to the Owner or the consent of the Owner.
SENIORS. Persons 65 years of age or older.
SERVICE ANIMAL. A dog trained or being trained by a recognized school for training dogs to assist Persons with disabilities; an Animal recognized as a Service Animal pursuant to the Americans with Disabilities Act of 1990; or any other Animal approved by the Governor’s Committee on Disability as acceptable in public places and trained to provide some special assistance to a Person with a disability.
SEVERE MEDICAL CONDITION. A condition that results in an Animal requiring, permanently or for an
extended period, a high level of constant care to maintain comfort, sustain life, or attend to a bodily function that the Animal cannot manage itself.
SLASHER. A steel weapon resembling a curved knife blade designed for attachment to the foot of a Fighting Bird.
SPRING LOADED TRAP. Any device used to capture an Animal by the leg or any extremity by closing on the Animal by the action of a spring or any other mechanism designed to hold, immobilize or otherwise automatically detain an Animal for any purpose. The City does not consider this to be a humane trap.
STAFFING LEVELS FOR ANIMAL CARETAKING. The minimum number of kennel staff that must be available at AACC according to the Animal population at AACC as set forth in the October 2000 HSUS Report to the Albuquerque Animal Services Division under the heading titled "Staffing Levels for Animal Caretaking" at page 96 of said report and the minimum number of ASOs that must be available according to the HSUS Report at page 159.
STRAY. An Animal that is At Large.
SURRENDER. The relinquishment of Ownership of an Animal to AACC by the Owner of the Animal.
TATTOO. An indelible mark placed on an Animal to serve as Permanent Identification.
TIME. Days spent at AACC.
TREATABLE ILLNESS. An illness, injury, impairment, or physical/mental condition that can be reasonably treated using proper medication.
TROLLEY. A cable strung between two fixed and stable points, to which a dog on a short lead is attached, allowing for freedom of movement.
TROLLEY PERMIT. A permit issued by the City authorizing the use of a Trolley. In order to obtain a Trolley Permit, the applicant must prove that all other means of restricting the Animal to the personal property have been exhausted.
UNIDENTIFIED. An animal that has no identification sufficient to allow AACC to determine the Owner’s identity.
USDA. The United States Department of Agriculture or its successor.
VACCINATION or VACCINATE. Administer a vaccine to an Animal, including rabies, distemper, parvo, para influenza, corona virus or bordatella and other vaccines deemed necessary from time to time by the Mayor’s designee.
VERMIN. Wild rodents and various insects including flies, mosquitoes, ants and wasps.
VETERINARIAN. A Doctor of Veterinary Medicine licensed to practice in the State of New Mexico.
VETERINARY EMERGENCY CLINIC or VEC. Any entity which contracts with the city for Veterinarian services.
VOLUNTEER. Any Person who performs any Animal services function or assists any AACC employee without compensation.
VOLUNTEER COORDINATOR. A person employed by the city, of at least class M-14, assigned to AACC for the purpose of recruiting and maintaining a cadre of highly committed volunteers.
WOLF HYBRID. The offspring of a domesticated dog that has been bred with a wolf.
WORKING DAYS. The days AACC is open to the public.
ZOO. The Rio Grande Zoological Park and others zoos accredited by the American Zoological Association.
(Ord. 18-2006; Am. Ord. 31-2007; Am. Ord. 2017-025; Am. Ord. 2019-032; Am. Ord. 2020-011; Am. Ord. 2023-016)