Albuquerque City Council passes sweeping pet ordinance. Will it do more harm than good?

Part One of a Series. Special to The Legal Animal

There is no doubt the Albuquerque city council means well.

The council took a look at the city’s abysmal animal control record – city shelters kill more than 300 cats and dogs every week – and decided that something had to change.

“We have to do something to stop the overpopulation of animals,” declared Councilor Sally Mayer.

Mayer’s solution was a sweeping, 70-page pet ordinance, which was passed by the council earlier this week by a vote of 6 to 3, after more than 10 hours of debate.

The ordinance may be the most comprehensive in the nation, addressing everything from cat and dog licensing, to mandatory spay/neuter and microchipping, to the number of times per week that pet owners need to scoop their dog yards. (See the full bill in the Legal Animal Resources section.)

“The Council . . . finds that the people of Albuquerque should treat animals as more than just lifeless inanimate chattel property and recognizes that the relationship between human beings and animals is a special relationship that improves people’s lives,” declares the new law.

As the Albuquerque Tribune observed in an editorial, the law certainly takes a “valiant stab” at reducing euthanasia and improving the lives of the city’s animals.

However, the law includes many provisions, such as cat licensing and mandatory spay/neuter, that no-kill advocates have said are at best ineffective, and at worst counterproductive.

“It’s terrific that the city of Albuquerque has taken this issue on,” says Bonney Brown, campaign director for Alley Cat Allies, a feral cat advocacy group. “The loss of life occurring in animal shelters is distressing and it’s tempting to think that if we could just pass a law, that the problem would end. But legislation varies widely in effectiveness. Laws focused on mandating the behavior of the public can have unintended consequences.”

Other elements of the new law have been criticized as being too intrusive, such as the strict confinement requirements and grooming regulations.

Although the mayor has indicated he will sign the bill, he says most provisions can’t and won’t be enforced.

“If it were fully enforceable, pet owners would have a lot to be worried about,” said Mayor Martin Chavez. “But we don’t have the ability to enforce it.”

What does the ordinance say? Just a taste – there is much more.

A small sampling of the bill’s provisions:

 All dogs over six months and cats over five months must be spayed or neutered, unless a veterinarian states the surgery would be dangerous due to age or health issues, or the owner buys an Intact Animal Permit. Such permits are available for up to four animals per household, at $150 each.

 Each owner must get a Litter Permit before any animal has a litter. Such permits are $150 each, and are limited to one per year.

 All dogs and cats must be microchipped or tattooed.

 Animals may not be chained for more than one hour a day.

 Owners must keep their cats, dogs, and other pets restricted at all times behind a secure fence, inside a secure building or vehicle, in an enclosure such as a crate, or on a leash no longer than eight feet. (Wild animals are exempted, and the definition of “owner” in the law does not appear to apply to caretakers of feral cats.)

 Feces must be removed at least weekly from both indoor and outdoor locations where animals are kept.

 Animal shelters must provide round-the-clock medical care to their animals, clean their living quarters at least twice a day, and provide a minimum of four square feet for cats, eight square feet for small dogs, and twelve square feet for large dogs. All animals must be spayed or neutered and microchipped before they leave a shelter.

 All owned cats and dogs must be licensed, and shall wear their licenses if they leave their owner’s property.

 Pet stores may not sell dogs or cats.

 Any person who has more than four dogs and two cats, or six cats, must get a Multiple Companion Animal Site Permit, which will then allow a maximum of 15 cats and dogs.

 Sixty percent of all license and permit fees will go to a fund to provide free microchipping and spaying or neutering for low and moderate income people, and when possible, the general public.

 The bill makes violations of most of its provisions a petty misdemeanor, with possible maximum punishments of 90 days in prison or a $500 fine. Each day the ordinance is violated constitutes a separate offense.

Next week: Will the new pet ordinance help, or hurt, Albuquerque’s animals?

Please visit the forums section of The Legal Animal and give us your opinion: Are Mandatory Spay/Neuter Laws a Good Idea?