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§ 9-2-4-4 SALE OR GIFT OF AN ANIMAL.
   (A)   Public Property. No Person shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise dispose of an Animal upon a street, sidewalk, public park, public right-of-way or other public property. Adoption events approved by the Mayor’s designee, or any adoption events held by a Rescue Group or Rescue individual are exempt.
   (B)   Commercial Property. No Person shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise dispose of any Animal upon commercial property including parking lots, with or without the property owner's permission. PSP Holders are limited to the property the Permit was issued for. Adoption events approved by the Mayor’s designee are exempt.
   (C)   Residential Property. No Person shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise dispose of any Companion Animal puppies or kittens upon residential property without a Litter Permit.
   (D)   Sales Incentives. No Person shall offer a live Animal as an incentive to purchase merchandise or as a premium, prize, award, or novelty.
   (E)   Advertising. No Person shall advertise puppies or kittens for sale in any local periodical without a valid Litter Permit number conspicuously listed in the advertisement. No Person shall advertise any Animal for sale in the City of Albuquerque using any roadside signs, flyers, handbills or billboards.
   (F)   Turtles. No Person shall display, sell, deliver, offer for sale, barter, auction, give away, or otherwise dispose of turtles except in conformance with appropriate federal regulations. Sales of turtles are limited to properly permitted Pet Stores.
   (G)   Permissible Exotic or Wild Animal. Permissible Exotic or Wild Animals may only be sold in accordance with this article at properly Permitted Pet Stores.
   (H)   Prohibited Exotic or Wild Animals.
      (1)   No person shall display, sell, offer for sale, barter, auction, give away, or otherwise dispose of Prohibited Exotic or Wild Animals.
      (2)   It shall be unlawful for any person to own, possess, keep, harbor, bring into the city, sell, have in one's possession, act as a custodian, or have custody or control of a Prohibited Exotic or Wild Animal.
      (3)   It shall be unlawful for a Person to breed an Exotic or Wild Animal.
      (4)   The provisions of this section shall not apply to:
         (a)   Institutions accredited by the American Zoo and Aquarium Association (AZA) or under mentorship through the AZA;
         (b)   Duly incorporated non-profit Animal Protection Organizations housing an Exotic or Wild Animal at the written request of the AACC;
         (c)   Animal control or law enforcement agencies or officers acting under the authority of this article;
         (d)   Licensed Veterinary hospitals or clinics;
         (e)   Any Wildlife Sanctuary as defined under this article;
         (f)   Any licensed or accredited research or medical institution;
         (g)   Any licensed or accredited educational institution; or
         (h)   Any lawfully operated rodeo.
   (I)   Exotic or Wild Animal Displays. It shall be unlawful for any person to Display or sponsor a display of Prohibited Exotic or Wild Animals on any public or private land within the City of Albuquerque.
      (1)   The following are exempt from these provisions:
         (a)   institutions accredited by the American Zoo and Aquarium Association;
         (b)   Veterinarians, in the ordinary course of a Veterinarian's practice of business; and
         (c)   institutions accredited by The Association of Sanctuaries, and the American Sanctuary Association.
(Ord. 18-2006; Am. Ord. 2023-016)