Albuquerque residents who find animals being sold or given away on sidewalks, in parking lots or other public spaces could soon see stricter enforcement under a proposed ordinance update scheduled for a City Council vote in August.
The proposed ordinance, O-25-84, would strengthen enforcement of the city’s 2006 Humane and Ethical Animal Rules and Treatment (HEART) ordinance by requiring “immediate seizure and care” of animals sold or given away in public spaces, according to information from City Councilor Tammy Fiebelkorn’s newsletter.
If approved during the Aug. 4 City Council meeting, animals found in these situations would be spayed or neutered, microchipped and held for 10 days before becoming available for adoption if unclaimed. The update also would clarify that such enforcement is mandatory, not optional, for city officers.
The original HEART ordinance, crafted in 2006 with Fiebelkorn and then-District 7 Councilor Sally Mayer, established Albuquerque as having some of the strongest animal protection standards in the region. Currently, the city requires all dogs over six months and cats over five months to be spayed or neutered, with animals also needing microchips and vaccinations.
Enforcement has faced scrutiny in recent years. A 2022 KOB-4 investigation found inconsistent application of HEART ordinance requirements, including an exception made for an Albuquerque police officer who violated standard procedures.
Since February 2024, Animal Protection Services officers can issue civil citations for HEART ordinance violations, with fines of $200 for first offenses, $300 for second violations and $500 for subsequent infractions.
The proposed ordinance specifically targets animals being sold or distributed in public spaces rather than through licensed establishments. Under current procedures, such animals typically go through standard impoundment processes that can vary case by case.
Fiebelkorn wrote in her newsletter that the update addresses “new issues” that have emerged since the ordinance’s original passage. A proposed amendment would ensure very young animals are held until old enough for safe spay/neuter surgery.
The proposal also clarifies that immediate seizure and care would be mandatory rather than leaving enforcement to officer discretion.
The ordinance change could affect residents who find animals in public spaces or those attempting to rehome pets through informal channels. Albuquerque residents are limited to owning six pets total, with no more than four being dogs.
Current city regulations require animals leaving the shelter system to be spayed or neutered, microchipped and vaccinated against rabies. The city provides free spay/neuter services for qualified low-income residents through a 311 call.
Animal welfare organizations contacted by phone had not yet reviewed the specific proposed ordinance text as of press time.
The City Council meeting begins at 5 p.m. Aug. 4 in the Vincent E. Griego Council Chambers at the basement level of the City Government Center, 1 Civic Plaza NW. Public comment signup opens the Friday before the meeting after the council agenda is published.
Residents can contact the city’s Animal Welfare Department at 505-768-1975 for current HEART ordinance questions or visit shelter locations at 8920 Lomas Blvd. NE (Eastside) or 11800 Sunset Gardens SW (Westside).