Burqueños will now see stricter enforcement of animal sales in public spaces under an ordinance amendment approved unanimously by the City Council Monday, Aug. 4.
The measure updates the city’s 2006 HEART ordinance, which stands for Humane and Ethical Animal Rules and Treatment, to require immediate seizure and care of animals being sold, given away or traded on sidewalks, in parking lots or other public spaces. It ends the previous practice of leaving enforcement to officer’s discretion.
District 7 City Councilor Tammy Fiebelkorn sponsored the ordinance, which targets what the legislation calls “irresponsible and unlawful breeding practices” that contribute to overpopulation and animal suffering.
The council approved four amendments to the ordinance before final passage on a 9-0 vote.
Fiebelkorn wrote in her newsletter that the update addresses “new issues” that have emerged since the HEART ordinance was first passed.
City law already prohibits the sale or giving away of animals in public, but enforcement has been inconsistent.
A 2022 KOB investigation revealed uneven application of the HEART ordinance, including a case where a police officer adopted an unspayed dog in violation of city policy. The inspector general later confirmed that Animal Welfare Director Carolyn Ortega violated ordinance rules, prompting staff retraining.
What the changes now mandate
Animals found in illegal public sales must now be immediately impounded, spayed or neutered, microchipped, and brought into compliance with city rules. If not reclaimed within 10 days, they’ll be put up for adoption.
The ordinance also requires very young animals to be held until they’re old enough for safe spaying or neutering surgery.
It further clarifies that puppies and kittens can only be sold or transferred from addresses listed on city-issued litter permits—not from public or commercial property, even with the owner’s permission.
The change replaces case-by-case impoundment procedures with a uniform enforcement process.
Since February 2024, Animal Protection Services officers have been able to issue civil citations for HEART ordinance violations, with fines of $200 for a first offense, $300 for a second and $500 for any offense after that.
The history of the ordinance
Albuquerque adopted the HEART ordinance in 2006, authored by then-District 7 Councilor Sally Mayer with input from animal advocates, including Tammy Fiebelkorn, now the current District 7 councilor but not in office at the time.
The law aimed to reduce overpopulation by requiring all dogs over six months and cats over five months to be spayed or neutered. It also mandates microchipping and vaccinations for any animal leaving a city shelter.
Animal Protection Voters campaign manager Vicky Elkey, who helped shape the law, called it “the toughest animal code in the country,” according to a 2004 Weekly Alibi report.
In 2019, Albuquerque reached “no-kill” shelter status, maintaining a save rate above 90 percent. City officials said only animals with severe medical or behavioral issues are euthanized.
“With good leadership and important changes at the Animal Welfare Department, we’ve been able to find more good homes for more pets,” Mayor Tim Keller said in the 2019 announcement.
Fiebelkorn, an animal rights activist and environmental economist, founded Positive Links, a nonprofit that educates the public about connections between animal abuse and human violence. She has spent more than 30 years pushing for animal protection laws and helped pass bans on wild and exotic animal exhibitions in Boulder and Estes Park, Colo.
Current city law limits residents to six pets, no more than four of which can be dogs. Albuquerque also offers free spay and neuter services for qualifying low-income residents through 311.
Selling animals without a permit is illegal, and city pet stores may only sell small animals like rats, mice, snakes and turtles.