Nothing herein shall be construed to preclude a conviction for Extreme Cruelty under state law.
(A) Cruelty is any act or inaction that causes, is known to cause or is calculated to cause physical or psychological pain, injury, damage or harm to an Animal.
(B) Any Person, including employees of AACC, may be cited for Cruelty hereunder whether or not said Person owns the subject Animal.
(C) Cruelty is applicable to all Animals within the city limits of Albuquerque.
(D) Personal observation of Cruelty by an ASO, Reserve ASO or Police Officer is not required and such officers may issue citations, file criminal complaints or assist any other Person in filing a criminal complaint if an Animal has been treated cruelly. A charge of Cruelty under this article is not a lesser included offense for a charge of Cruelty under state law.
(E) In addition to criminal charges for Cruelty, the city may avail itself of the remedies of Seizure, Confiscation and Protective Custody provided under this article.
(F) Any Person who treats an Animal in any way that would lead a reasonable Person to conclude that such Animal has been subjected to harm without Lawful Justification is guilty of Cruelty.
(G) Any charges for medical care paid by the city for an Animal suspected of being a victim of Cruelty shall constitute a municipal lien against the Animal.
(Ord. 18-2006)