For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AACC WEBSITE. An internet site maintained by AACC and accessible by the public and containing among other things a data base pertaining to dangerous dogs.
AGGRESSIVE. A dog that is objectively observable by a reasonable person as unnaturally and unjustifiably hostile toward humans or other animals.
ALBUQUERQUE ANIMAL CARE CENTER or AACC. Any premises, locations or buildings designated as suitable by the Mayor for the care, custody and maintenance of animals seized by the city.
ANIMAL. Any living nonhuman mammal, bird, reptile, or amphibian not including insects.
ANIMAL CONTROL OFFICER or ACO. Any person employed by the city, assigned to the Albuquerque Animal Care Center and charged with enforcement of this article and other animal laws or with any other task assigned by the Mayor from time to time.
ANIMAL SERVICE OFFICER or ASO. Any person employed by the city and assigned to the Department and charged with enforcement of this article and other animal laws or with any other task assigned by the Mayor from time to time.
AT LARGE. An animal on or off the premises of the owner that is not restricted by a secure fence or secure facility or on a leash controlled by a person capable of controlling the dog. Verbal commands do not constitute control.
COMPANION ANIMAL. A dog or cat including a hybrid.
CONFISCATE. The seizure of an animal by an ACO, police officer or other public official to protect the animal, other animals or the public.
CUSTODY. Possession and control of a dog by a person.
DANGEROUS DOG. A dog that has, without provocation, caused serious injury, great bodily harm, or mortal injury to a person or companion animal; or was previously designated as a potentially dangerous dog and subsequently: (1) causes injury to a person or companion animal that is less severe than a serious injury; or (2) is observed by any person chasing or menacing a person or companion animal in an aggressive manner and without provocation. Police dogs are excepted from the definition.
DEPARTMENT. The City of Albuquerque Animal Welfare Department, its animal service officers and agents.
DEPARTMENT WEBSITE. An internet site maintained by the Department and accessible by the public and containing among other things a database pertaining to dangerous dogs.
DOG EXERCISE PARK. Any tract designated by the city for use by persons and dogs where dogs may be off leash and allowed to run free.
GREAT BODILY HARM. An injury to a person or companion animal which (1) creates a high probability of death; (2) results in serious disfigurement; (3) results in loss of any member or organ of the body; or (4) results in permanent or prolonged impairment of the use of any member or organ of the body.
HARNESS. A well fitting apparatus that is not abrasive and restrains the dog by the body and shoulders without involvement of the neck.
HEARING OFFICER. The City Hearing Officer, as defined by the Independent Office of Hearings Ordinance (§§ 2-7-8-1 et seq. ROA 1994).
HUMANELY DESTROYED. Euthanized by a method commonly approved by veterinarians or the Mayor.
HYBRID. An animal created by breeding animals of different species. Dogs, wolves and coyotes are different species for purposes of this definition. If a dog is a hybrid, the owner and dog shall not be exempt from any of the provisions of Angel's Law.
IMPOUND. Delivery and arrival of a dog to the Department for processing as under the Humane and Ethical Animal Rules and Treatment Ordinance.
INTACT. A dog over six months old that is not spayed or neutered.
IRRESPONSIBLE OWNER. An animal owner deemed incapable or unable to safely or humanely own an animal.
LICENSED. A dog with a valid city license.
MAYOR. The Mayor of the City of Albuquerque or his or her designated representatives.
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. A system not compatible with the scanner used by the Department is not a MICROCHIP.
NOTICE OF APPEAL. A written notice from any person aggrieved by any action under this article which shall be in writing and state the action appealed from, the date the action or requirement was imposed and the grounds for the appeal.
OWNER. A person who possesses, harbors, keeps or has control or custody of a dog or, if that person is under the age of eighteen, that person's parent or guardian.
PERSON. An individual, household, firm, partnership, corporation, company, society, association or legal entity, and every officer, agent or employee thereof.
POTENTIALLY DANGEROUS DOG. A dog that may reasonably be assumed to pose a threat to public safety as demonstrated by the following behaviors:
(1) Causing an injury to a person or companion animal that is less severe than a serious injury;
(2) Chasing or menacing a person or companion animal in an aggressive manner and without provocation; or
(3) Acting in an aggressive manner within a fenced yard or enclosure and appearing able to jump out of the yard or enclosure.
PROPER ENCLOSURE. Secure confinement in-doors or confinement by means of a secure fence.
PROPERTY. Real property where a dog is regularly found or observed by any person who would reasonably conclude that the dog is present on the property by virtue of the fact that the dog is owned and in the custody of the owner or occupant of the real property.
PROVOKED. A dog that took action in response to a stimulus when a reasonable person would conclude that the dog was defending itself, its owner or an immediate family member of its owner, or another person within its immediate vicinity from an actual assault or was defending real property belonging to its owner or an immediate family member of its owner from a crime being committed on the owner's property at that time. UNPROVOKED shall mean the negative and opposite of PROVOKED.
REMEDIAL MEASURES. Repairs, modifications, additions or improvements to property or a fence to ensure that a dog cannot escape or a young child cannot enter. REMEDIAL MEASURES include but are not limited to signage appropriate to warn passersby, changes to a fence or enclosure of a previously open area.
RESPONSIBLE PERSON. A person at least 18 years old who is familiar with the dog and has the size, strength and experience to be able to keep the dog under complete control at all times.
SECURE FACILITY. A house or building from which any dog including a guard dog cannot escape.
SECURE FENCE. A barrier adequate to prevent a dog from leaving real property upon which the dog is or should be kept and to prevent young children from entering real property.
SEIZE. To take custody and control of dog.
SERIOUS INJURY. Any physical injury, that does not rise to the level of great bodily harm, that results in broken bones or lacerations that require medical attention involving multiple sutures or comparable methods for wound closure or cosmetic surgery.
STERILIZED. Humanely and professionally rendered incapable of procreation.
WARNING AND NOTICE OF REINSPECTION. A written document issued to a person or posted at the property and requiring remedial measures or other changes within a specified time period, informing occupants that the city will conduct a follow up inspection and informing occupants that failure to comply with the warning will lead to further legal action by the city.
(Ord. 2-2005; Am. Ord. 31-2007; Am. Ord. 2016-009)