An Animal Service Officer may determine under Angel's Law or other laws that a person is an irresponsible owner. A violation of Angel's Law, or a violation of any city ordinance or state law prohibiting cruelty to animals and/or animal fighting, or a violation of any city ordinance or state law governing animal possession limits, is a basis for the Animal Service Officer's determination that a person is an irresponsible owner. If an Animal Service Officer determines that a person is an irresponsible owner, the Animal Service Officer shall so apprise such person by written notice sent by certified mail, hand delivered or conspicuously posted on the property. Any person determined to be an irresponsible owner has a right to appeal the determination by requesting a hearing. If the determination is upheld by the Hearing Officer, or the person fails to appeal the determination within the applicable time from the date of notice, then the Hearing Officer shall order that such person is barred from the ownership, custody or control of dogs or hybrids in the City of Albuquerque for so long as the Hearing Officer deems necessary. The order shall be in writing delivered by certified mail, hand delivered or conspicuously posted on the property. Transient irresponsible owners may be served by publication. The order may be appealed but shall remain in force unless overturned by the Hearing Officer or a court of competent jurisdiction. An owner may petition the Hearing Officer for removal of the irresponsible owner order two years after the date served but bears the burden of clear and convincing evidence. Any person who owns a dog after the date of designation as an irresponsible owner is subject to a continuing violation of § 1-1-99 ROA 1994. The City Council and the Mayor want Angel's Law to be strictly enforced by the courts.
(Ord. 2-2005; Am. Ord. 2016-009) Penalty, see § 9-17-99