Mayor Tim Keller has signed an amendment to the city’s Humane and Ethical Animal Rules and Treatment ordinance that closes enforcement gaps in regulating unlawful animal sales in public spaces.
The amendment, sponsored by District 7 City Councilor Tammy Fiebelkorn and unanimously approved by the City Council on Aug. 4, prohibits displaying, selling or giving away animals on streets, sidewalks, parks and other public property.
“This amendment is about protecting animals who are often too young, unvaccinated and at risk of disease or neglect,” Keller said in a press release. “By closing this loophole, we’re not only safeguarding animal welfare, we’re promoting responsible pet ownership, preventing overpopulation and protecting public health.”
The updated law requires immediate seizure and veterinary care of animals found in violation, ending the previous practice of leaving enforcement to officers’ discretion. Animals will be spayed or neutered, microchipped and vaccinated before release or adoption.
“We’re sending a clear message: Albuquerque will not tolerate the public sale of animals, and we will provide every animal in our care with the support they need to find a loving home,” Fiebelkorn said.
Under the revised ordinance, owners have 10 days to reclaim their animals before they become property of the Animal Welfare Department. Violations constitute a petty misdemeanor.
Animal Welfare Director Carolyn Ortega said the amendment provides “clear authority to remove litters from these situations immediately and get them in compliance by spaying or neutering, vaccinating and microchipping.”
The changes target what city officials call irresponsible breeding practices that contribute to overpopulation and animal suffering. City law already prohibited public animal sales, but enforcement had been inconsistent.
A 2022 investigation by KOB revealed uneven application of the HEART ordinance, including cases where officers violated city policy. The inspector general later found that Ortega violated ordinance rules, prompting staff retraining.
Albuquerque adopted the original HEART ordinance in 2006, authored by then-District 7 Councilor Sally Mayer. The law requires spaying and neutering of dogs over six months and cats over five months, along with microchipping and vaccinations for shelter animals.
In 2019, the city achieved “no-kill” shelter status by maintaining a save rate above 90%. Only animals with severe medical or behavioral issues are euthanized.
The city offers free spay and neuter services to qualifying low-income residents, with a limit of six pets, no more than four of which can be dogs. Pet stores may only sell small animals, such as rats, mice, snakes and turtles.
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 advocating for animal protection laws.