Spay/Neuter Law in Albuquerque, New Mexico

§ 9-2-1-4 DEFINITIONS.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

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INTACT COMPANION ANIMAL PERMIT or ICAP. The annual Permit issued to the Owner of a Companion Animal that has not been Altered.

INTACT COMPANION ANIMAL SITE. Any residence, building or other structure in a Residential Zone that is used in whole or in part to house or keep an Intact Animal.

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LITTER PERMIT. Permit required when an Animal becomes pregnant.

§ 9-2-2-1 REQUIRED CARE AND MAINTENANCE FOR MAMMALS AND BIRDS KEPT ON RESIDENTIAL PROPERTY.

(C) Required Alteration of Companion Animals. All dogs and cats over the age of six months shall be Altered by a Veterinarian except as provided herein.

(1) Owners of Companion Animals may seek an exemption from this regulation if Alteration would be dangerous for the Companion Animal due to advanced age or health issues. The Mayor’s designee may grant this exemption if the Owner of the Animal can provide proof in the form of a letter from a Veterinarian stating such reasons.

(2) Owners of Companion Animals may buy an Intact Animal Permit for up to four Animals per residence as an exemption to this regulation.

§ 9-2-3-2 PERMITS: GENERAL PROVISIONS.

(A) A Permit is not a property right.

(B) The Mayor’s designee can refuse to issue, revoke, suspend or modify Permits and impose conditions or limits upon the issuance of Permits, including the declaration of moratoria regarding issuance of Permits.

(D) The Mayor’s designee shall charge a reasonable inspection fee for compliance inspections.

(E) Permits are not transferable or refundable.

(F) The Fees for Permits are as stated in § 9-2-3-16 of this article.

§ 9-2-3-3 PERMIT HOLDERS: GENERAL DUTIES AND REQUIREMENTS.

Permit Holders must comply with all the requirements of this article, state law, and federal law. Additionally, Permit Holders must comply with the following duties and requirements. Any violation by a Permit Holder may result in revocation, suspension or modification of the Permit.

(A) Permit Holders shall meet the standards of a Qualified Adopter.

(B) Permit Holders shall comply with all special requirements pertaining to the type of Permit held.

(1) A permitted Establishment, other than a residence, shall allow entry and inspection of the Permit Holder’s premises by the Mayor’s designee. Upon presentation of proper identification, the Mayor’s designee shall be allowed to enter any Permitted Establishment for the purpose of making an inspection of the premises for compliance with this article or an inspection to ascertain the existence or nonexistence of conditions dangerous to health or safety or otherwise relevant to the public interest in conformance with the provisions of the Public Health Act, NMSA 1978, 24-1-1 et seq. (2006).

(2) The holder of a Permit pertaining to a permitted activity in a residence may consent to an inspection but also has the right to deny entry for an inspection or schedule the inspection at a convenient time and attempt to prove compliance to the satisfaction of the Mayor’s designee by means other than inspection. If the Mayor’s designee finds that the Permit Holder is not in compliance, the Permit Holder may request an Administrative Hearing to prove compliance to the satisfaction of the Administrative Hearing Officer. Nothing herein limits the authority of the City or other law enforcement authority to seek or obtain a search warrant if there is probably cause of crime on private property or an inspectorial order for the purpose of ascertaining the existence or nonexistence of conditions dangerous to health or safety or otherwise relevant to the public interest.

(3) The Person in Charge of the Permitted Premises shall be allowed to accompany the Mayor’s designee on his inspection.

(4) Upon completion of an inspection of a Permitted Premises, the Mayor’s designee shall prepare a written inspection report stating whether the Permitted Premises is in compliance with or in violation of the requirements of this article.

(5) If the Mayor’s designee determines the Permitted Premises is not in compliance with the provisions of this article, the report shall specify the nature of the noncompliance.

(6) The Mayor’s designee and the Person in Charge of the Permitted Premises shall sign the inspection report.

(7) A copy of the inspection report shall be furnished to the Person in Charge at the time of the inspection.

(8) All inspection reports for business Permitted Premises shall be posted on the AACC Website.

(D) Records. The Mayor’s designee shall be allowed to examine all records pertinent to the origin, care and disposition of Animals owned by the Permit Holder. A current record shall be kept which describes all Animals owned, purchased or received by the Permit Holder and the disposition of each Animal. Permit Holders shall promptly produce any and all documents pertaining to medical care and ownership records for inspection upon request of the Mayor’s designee. Permit Holders who sell, give away, loan, transfer or in any way alienate possession or ownership of an Animal shall keep records containing the name and address of each recipient, the date of disposition and the Permanent Identification of each Companion Animal. All required documents shall be kept for three years after the death or other disposition of any Animal owned by the Permit Holder.

(E) Permit Holders shall comply with all city ordinances including the Integrated Development Ordinance and Noise Ordinance provisions that pertain to Animals.

(F) Any Permitted Premises open to the public shall post a sign conspicuously observable by the public which states that all Companion Animals in the city must be spayed or neutered unless they possess an Intact Animal Permit and they must be Microchipped or otherwise Permanently Identified. Such signs shall be at least 8 ½ inches by 11 inches in size and contain lettering at least 1 inch in height.

(G) Non-residential Permitted Premises shall post their Permit in a conspicuous place.

(H) The Permit Holder shall notify the Mayor’s designee of any changes which may affect the status of the Permit and shall keep the Mayor’s designee informed of any changes in the Permit Holder’s name, address, home and business telephone numbers, location of the Permitted Premises, emergency contacts and activities covered by the Permit.

(I) Both the Person in Charge of a Permitted Premises and the Owner of the Permitted Premises shall be responsible for complying with this article.

§ 9-2-3-4 PERMIT RENEWALS.

(A) An application for the renewal of a Permit shall be filed with AACC not less than 30 days before the date the Permit expires.

(B) The application, inspection procedures and fees for Permit renewals shall be the same as those for new applications.

(C) Failure to renew a Permit as specified shall result in the expiration of the Permit. In addition to the renewal fee the Mayor’s designee may charge a late fee.

§ 9-2-3-5 PERMIT APPLICATIONS.

(A) Applicants for any Permit shall meet the standards of a Qualified Adopter.

(B) Application Process.

(1) The application form shall require the applicant to affirm under penalty of perjury that the applicant meets the standards of a Qualified Adopter and to provide information that is sufficient to assure the Mayor’s designee that the applicant has the knowledge and facilities adequate to care for the Animals covered by the Permit in a manner that protects both the Animals and the public.

(2) The application form shall require the applicant to supply the names, addresses and phone numbers of two adults not living at the same address as the applicant, or each other, for the purpose of being emergency contacts. These people must agree to take responsibility for the Animals in the event the Permit Holder becomes unable to take care of the Animals covered by their Permit.

(3) No Person shall be issued a Permit if that Person is jointly interested in the Permit or otherwise in privity with any Person who does not meet the standards of a Qualified Adopter.

(4) Within 30 days of the receipt of a Permit application the Mayor’s designee shall review the application and inspect the premises. The Mayor’s designee shall approve, conditionally approve or deny the Permit application and notify the applicant in writing of the decision.

(5) The Mayor’s designee may approve an application only after the following determinations are made:

(a) the standards established by this article and other applicable laws and regulations have been met;

(b) the issuance of a Permit will not result in activity which presents a danger to the public health, safety or welfare; and

(6) If any affected party wishes to appeal the Mayor’s designee’s decision regarding a Permit application, the party may request an Administrative Hearing before the Administrative Hearing Officer.

§ 9-2-3-6 INTACT COMPANION ANIMAL PERMIT OR ICAP.

Owners of dogs and cats over the age of six months that have not been Altered shall obtain an Intact Companion Animal Permit for those Animals.

(A) All Intact Companion Animals must be Permanently Identified by a Microchip or other identification method acceptable to the Mayor’s designee and registered with the AACC before an ICAP can be issued.

(B) No Person shall have more than four Intact Companion Animals in any Household.

(C) The Household shall be secure against ingress by Companion Animals of the same species or egress of the Companion Animal for which the ICAP is issued. The Household shall meet the standards of a Secure Facility or a Secure Fence.

(D) If an Intact Companion Animal that has been issued an ICAP is Impounded twice by AACC, the ICAP will be automatically revoked and the Intact Companion Animal will be required to be Altered. If an Intact Companion Animal is Impounded twice and must therefore be Altered, the Permit Holder shall pay AACC to Alter the Companion Animal.

(E) If an ICAP Holder wants to breed an Intact Companion Animal or if a female Intact Companion Animal has been impregnated, the ICAP Holder must obtain a Litter Permit prior to the birth of the Litter.

(F) Medical Waiver Certificate.

(1) If Alteration of a Companion Animal would endanger the health of the Companion Animal due to age or Illness, a Veterinarian may complete a Medical Waiver Certificate stating the reasons why the Companion Animal should not be Altered.

(2) The Medical Waiver Certificate must include a description of the Companion Animal, including the Permanent Identification information.

(3) Upon receipt of a Medical Waiver Certificate, the Mayor’s designee may request a second opinion from a different Veterinarian.

(4) The Mayor’s designee may direct the AACC Veterinarian to examine any Animal listed in a Medical Waiver Certificate if there appears to be an abundance of Medical Waiver Certificates from one particular Veterinarian or Veterinary clinic.

(5) If there is a difference of opinion between the two Veterinarians as to whether the Companion Animal may be safely Altered, a written notice will be provided to the Owner indicating that a Medical Waiver Certificate has been rejected. The Owner will then be required to Alter the Animal or pay for an Intact Companion Animal Permit. The decision to deny a Medical Waiver Certificate due to a difference in professional opinions by two Veterinarians may be subject to appeal by the Owner.

(6) Upon the acceptance of a Medical Waiver Certificate by AACC, the Owner shall be issued an Intact Companion Animal Permit free of charge.

(7) Medical Waiver Certificates shall be valid for one year. Upon expiration of the Medical Waiver Certificate, the Owner shall be required to reapply for the Intact Companion Animal Permit.

§ 9-2-3-7 COMPANION ANIMAL LITTER PERMIT.

(A) Owners of female intact Companion Animals must obtain a Litter Permit prior to the birth of a Litter or within one week after the birth of the Litter.

(B) All female Intact Companion Animals must have an ICAP and be Microchipped or otherwise Permanently Identified before a Litter Permit will be issued.

(D) No Person shall apply for or obtain more than one Litter Permit per female Companion Animal per Household in any consecutive 12 month period.

(E) Litter Permits expire six months from the date of issue.

(F) During the time the Litter Permit is in effect and while the Litter is with the mother, but for no longer than six months from the time of birth of the Litter, the Litter Permit Holder may exceed the Animal Possession Limits in this article.

(G) AACC may waive the Litter Permit Fee for Rescue Groups and Fosters.

(H) The following Care and Disposition requirements regarding Litter Companion Animals are in effect whether or not the Owner of the Litter possesses a Litter Permit:

(1) Puppies and kittens shall have at least the first in any series of required Vaccinations and be de-wormed by a de-worming treatment consistent with the size and age of the Animal before being transferred to a new Owner or otherwise separated from the mother.

(2) Puppies and kittens shall be microchipped or otherwise Permanently Identified prior to being separated from the mother. Proof of Permanent Identification must be provided to AACC.

(3) The Litter Permit Holder shall upon transfer or conveyance of the kitten or puppy, deliver a complete Vaccination record to the new Owner.

(4) The Litter Permit Holder shall document and retain for inspection the name and address of each recipient of any Litter Companion Animal once owned by the Litter Permit Holder.

(5) The Litter Permit Holder is liable for the medical costs, including medicine, for any puppy or kitten that is diagnosed as sick by a Veterinarian within one week from the date of sale. The Litter Permit Holder shall reimburse the new Owner the costs associated with the sick Animal, up to the amount of money the puppy or kitten was purchased for. The new Owner shall be allowed to keep the puppy or kitten even if the Litter Permit Holder pays the medical costs. The new Owner or the Litter Permit Holder may appeal to the Administrative Hearing Officer if there is a dispute as to the fact of the Illness or the amount of the charges. If the Litter Permit Holder does not prevail on appeal, the Litter Permit Holder shall reimburse the costs of the appeal to the new Owner.

(6) A Litter Permit is required to advertise any Companion Animal under the age of six months old for sale, gift or other transfer or conveyance, in any local periodical or newspaper of general circulation. The Litter Permit number must be included in any advertisement.

(7) Failure to advertise without including a valid Litter Permit number shall be a violation of this article. Any Person who advertises a Companion Animal and purports in the advertisement to reside outside the city limits or lists a telephone number outside the city limits and is subsequently found to maintain Companion Animals inside the city limits or is found attempting to sell Companion Animals in the city limits is in violation of this article. Each day of possession of each said Animal will constitute a separate offense.

(8) Puppies and kittens can only be sold, given as a gift or other transfer or conveyance from the location listed on the Litter Permit. Puppies or kittens being sold on public property or commercial property even with the Owner’s permission are in violation of this article and the puppies and kittens and any other Animals in the Person’s public possession shall be seized and Impounded pursuant to Section 9-2-4-4(A) of this article. Any Animal Seized and Impounded pursuant to Section 9-2-4-4(A) of this article shall not be eligible for an intact permit.

(9) Puppies and kittens shall not be sold to a Pet Store, Animal Broker or other Animal dealer.

(10) Puppies and kittens shall not be released from the Permitted Premises prior to eight weeks of age.

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