“Wayne Pacelle, President of HSUS: "One generation and out. We have no problem with the extinction of domestic animals. They are creations of human selective breeding."
“On the present lawmaking road, home breeding of dogs is about to be wiped out in our country and as this occurs, purebred dogs will all but disappear.”
“On the present lawmaking road, home breeding of dogs is about to be wiped out in our country and as this occurs, purebred dogs will all but disappear.”
Rumsfeld wants everyone to know he did the Thursday Thirteen today. He also wants people to know that Mommy Cat is indeed in heat and he’s loving every tawdry minute of it. We’re talking National Inquirer cover, if you get my extremely tacky drift. Yikes!
MY MINI RANT
Today’s posting is a long and detailed one. It is about the government mandated extinction of our dogs and cats. If every dog and cat is required to be spayed or neutered, aside from pure bred breeding animals, the costs will sky-rocket. There will be no stray cats to kill mice and keep the rodent population at bay. There will be no dogs to assist cops, firefighters, or those who need their help for daily living. In a generation – in just a few years we will have no house cats or dogs. Already there are entire counties in California where there is not a kitten or puppy to be had, just for someone who wants a pet. Animal rights people want us to adopt from the humane societies and shelters, but if every animal is rendered unable to reproduce, within a decade there are going to be no animals in shelters.
Below you will find a sampling of ABQ’s Pet Extinction Laws. They are so draconian and so invasive in scope, as you will see, I doubt if they can possibly hold up in a serious court challenge. They actually violate many of our basic tenents of freedom – just so “the Mayor of ABQ” can instigate a warrentless search of your home, in the name of pet protection. After reading what I have these past few days while working on this posting, I doubt very seriously if I will ever spay another female animal again. I’m not sure about males, but will in the future attempt to handle their neutering and annoying behaviors chemically.
This is an issue that rips the heart out of any animal lover.
REMEMBERING LADY BIRD
I came of age more under Lady Bird as First Lady than Jackie. I remember this exquisite, very gracious, charming, very Southern, very lady-like woman who began a crusade against our absolutely filthy highway system. I can remember visitors who would ‘crash’ for free visiting my grandparents’ compound in the middle of no where in the Blue Ridge Mountains of North Carolina. They would wax poetic about the mountains there (with their extremely high peaks of 6,500 feet – I live a thousand feet higher than that here in Ruidoso and we’re not on the peaks). Then they would discuss the highways and byways of Europe and how clean and neat they were, and how full of trash and garbage ours were. Evidently Lady Bird was listening. Don’t let people kid you, when she first started her campaign to beautify the country they laughed at her. What a legacy! I still think about her determination to plant flowers on the interstate highway system when ever I see fields of wild flowers growing along now clean highways. In many ways, of all the women before and after, she has probably left the greatest mark on our nation. It is ‘clean’, fairly trash free – littering is a huge SOCIAL no-no, and we have flowers – everywhere. We should all leave such a legacy.
You gotta like Wizbang’s take on the David Vitter. Glad someone is having the same thought I had!
Captain Ed’s interesting piece about Fred Thompson. Is the bloom off the rose already?
Powerline on Keith Ellison.
At least the Queen is standing her ground on proper attire. This is hilarious.
WOW FIRST WATER FOUND BEYOND THE SOLAR SYSTEM!
Is it really pet extinction?
“The truth is that animal rights is mental illness masquerading as philosophy.
There are no longer any nationally known organizations that just want good care for animals; from 1980-on, they were all taken over by animal rights zealots who continue to operate them under the "animal welfare" banner.
Today, HSUS, PETA, the ASPCA and dozens of less familiar organizations spend about $200 million a year sent by people who want to help animals, working against animal ownership. Never give money to any of these organizations! If you want to give to help animals, give directly to your local animal shelter: they nearly always use contributions to provide real care, and they always need more than they get.
What’s going on is a quiet, mostly non-violent war for the future of America. The major battles are just starting and will be fought and won by one side or the other over the next five to 10 years. For example, between the end of 2005 and mid-2006, Long Beach California, Los Angeles County, and Albuquerque, New Mexico all passed new laws making it much more difficult to own and breed pets. Each of these new laws was in turn the worst ever seen in the U.S. and we are likely to see yet worse in the months ahead.
If those who believe that humans and animals belong together don’t turn the tide, then 20 years from now our country will have many fewer good pets and will be less happy and less prosperous than it is today. None of us asked for this war, but if we do not fight and win, the losses to future generations won’t be undone in a century.”
There are no longer any nationally known organizations that just want good care for animals; from 1980-on, they were all taken over by animal rights zealots who continue to operate them under the "animal welfare" banner.
Today, HSUS, PETA, the ASPCA and dozens of less familiar organizations spend about $200 million a year sent by people who want to help animals, working against animal ownership. Never give money to any of these organizations! If you want to give to help animals, give directly to your local animal shelter: they nearly always use contributions to provide real care, and they always need more than they get.
What’s going on is a quiet, mostly non-violent war for the future of America. The major battles are just starting and will be fought and won by one side or the other over the next five to 10 years. For example, between the end of 2005 and mid-2006, Long Beach California, Los Angeles County, and Albuquerque, New Mexico all passed new laws making it much more difficult to own and breed pets. Each of these new laws was in turn the worst ever seen in the U.S. and we are likely to see yet worse in the months ahead.
If those who believe that humans and animals belong together don’t turn the tide, then 20 years from now our country will have many fewer good pets and will be less happy and less prosperous than it is today. None of us asked for this war, but if we do not fight and win, the losses to future generations won’t be undone in a century.”
WHAT THEY WANT
“Our new Animal Protection Litigation section will boast seven full-time attorneys who will tackle new cases and seek justice for animals, will serve as a training ground for the next generation of animal lawyers and law students, and will lay the foundation for implementation of new strategies to help farm animals, wildlife, and companion animals in the courts.”
Wayne Pacelle, HSUS President, in an HSUS press release, December 30, 2004
“Would I advocate taking five guilty vivisector's lives to save hundreds of millions of innocent animal lives? Yes, I would.” Jerry Vlasak, appearing on a panel on the Australian Special Broadcasting Service program Insight – October 12, 2004
“One generation and out. We have no problem with the extinction of domestic animals. They are creations of human selective breeding...We have no ethical obligation to preserve the different breeds of livestock produced through selective breeding.” Wayne Pacelle, HSUS, former director of the Fund for Animals, Animal People, May 1993
“It is not larger, cleaner cages that justice demands...but empty cages.” Tom Regan, Animal Rights Author and Philosopher North Carolina State University (Regan, The Philosophy of Animal Rights, 1989)
“Pet ownership is an absolutely abysmal situation brought about by human manipulation.” Ingrid Newkirk, President of People for the Ethical Treatment of Animals (PeTA), “Just Like Us? Toward a Nation of Animal Rights” (symposium), Harper's, August 1988, p. 50.
“Liberating our language by eliminating the word 'pet' is the first step... In an ideal society where all exploitation and oppression has been eliminated, it will be NJARA's policy to oppose the keeping of animals as 'pets.'" New Jersey Animal Rights Alliance, “Should Dogs Be Kept As Pets? NO!” Good Dog! February 1991, p. 20.
“Let us allow the dog to disappear from our brick and concrete junglesfrom our firesides, from the leather nooses and chains by which we enslave it.” John Bryant, Fettered Kingdoms: An Examination of A Changing Ethic (Washington, DC: People for the Ethical Treatment of Animals (PeTA), 1982), p. 15.
“The cat, like the dog, must disappear... We should cut the domestic cat free from our dominance by neutering, neutering, and more neutering, until our pathetic version of the cat ceases to exist.” John Bryant, Fettered Kingdoms: An Examination of A Changing Ethic (Washington, DC: People for the Ethical Treatment of Animals (PeTA), 1982), p. 15.
“Would I advocate taking five guilty vivisector's lives to save hundreds of millions of innocent animal lives? Yes, I would.” Jerry Vlasak, appearing on a panel on the Australian Special Broadcasting Service program Insight – October 12, 2004
“One generation and out. We have no problem with the extinction of domestic animals. They are creations of human selective breeding...We have no ethical obligation to preserve the different breeds of livestock produced through selective breeding.” Wayne Pacelle, HSUS, former director of the Fund for Animals, Animal People, May 1993
“It is not larger, cleaner cages that justice demands...but empty cages.” Tom Regan, Animal Rights Author and Philosopher North Carolina State University (Regan, The Philosophy of Animal Rights, 1989)
“Pet ownership is an absolutely abysmal situation brought about by human manipulation.” Ingrid Newkirk, President of People for the Ethical Treatment of Animals (PeTA), “Just Like Us? Toward a Nation of Animal Rights” (symposium), Harper's, August 1988, p. 50.
“Liberating our language by eliminating the word 'pet' is the first step... In an ideal society where all exploitation and oppression has been eliminated, it will be NJARA's policy to oppose the keeping of animals as 'pets.'" New Jersey Animal Rights Alliance, “Should Dogs Be Kept As Pets? NO!” Good Dog! February 1991, p. 20.
“Let us allow the dog to disappear from our brick and concrete junglesfrom our firesides, from the leather nooses and chains by which we enslave it.” John Bryant, Fettered Kingdoms: An Examination of A Changing Ethic (Washington, DC: People for the Ethical Treatment of Animals (PeTA), 1982), p. 15.
“The cat, like the dog, must disappear... We should cut the domestic cat free from our dominance by neutering, neutering, and more neutering, until our pathetic version of the cat ceases to exist.” John Bryant, Fettered Kingdoms: An Examination of A Changing Ethic (Washington, DC: People for the Ethical Treatment of Animals (PeTA), 1982), p. 15.
What is the National Animal Interest Alliance?
Have you heard of the PetPAC?
PetPAC Blog
Pet-Law
In CA, they are calling it the Pet Extinction Act.
“SACRAMENTO, Calif., ... AB 1634 is backed by the extremist group People for the Ethical
Treatment of Animals (PETA) and sponsored by Assembly Member Lloyd Levine (D-Van Nuys). If it passes, most California pet owners will have to sterilize their pets. "This bill comes with a noble-sounding name but AB 1634, the so-called California Healthy Pets Act, will not improve the health of California pets," says Patti Strand, National Director of the National Animal Interests Alliance, one of the nation's most respected animal welfare
groups.
...
Despite the claims of the bill's supporters, many respected California veterinarians oppose AB 1634, ... Dr. Hamil, a leader in spay/neuter programs, terms AB 1634 "divisive legislation [that] will not help and may aggravate the situation." Noting that young puppies and kittens are not biologically mature enough for spaying and neutering in many cases, Dr. Hamil states: "It is inappropriate to mandate a controversial and possibly life-threatening surgical procedure."
Also strongly opposed to AB 1634 is Sharon Vanderlip, DVM, former shelter animal veterinary clinician and surgeon, a longtime advocate of voluntary spaying and neutering. "This bill is not a 'healthy' pet act," said Dr. Vanderlip. "It will not help animals or improve their health. It will not reduce the shelter animal population. It will not reduce the number of animal euthanasias. To the contrary, the number of animals in shelters and the number of euthanasias will increase as people who cannot afford to alter their pets, or pay fines associated with non-compliance, will abandon their animals, relinquish them to shelters, or have them euthanized. This has already happened in municipalities that attempted similar legislation."
Christian Osmond, DVM, board-certified veterinary surgeon, opposes the bill on similar grounds. Dr. Osmond says he cannot reconcile his professional oath to "above all else ... do no harm" with programs that place political agendas above sound veterinary practice, a priority that could put pets at risk.
Canine Companions for Independence, an organization supporting assistance dogs for the disabled, opposes AB 1634 because even with exemptions for today's carefully supervised dogs, the bill's long-term effects would greatly reduce genetic diversity and threaten the existence of their breeding program….”
Treatment of Animals (PETA) and sponsored by Assembly Member Lloyd Levine (D-Van Nuys). If it passes, most California pet owners will have to sterilize their pets. "This bill comes with a noble-sounding name but AB 1634, the so-called California Healthy Pets Act, will not improve the health of California pets," says Patti Strand, National Director of the National Animal Interests Alliance, one of the nation's most respected animal welfare
groups.
...
Despite the claims of the bill's supporters, many respected California veterinarians oppose AB 1634, ... Dr. Hamil, a leader in spay/neuter programs, terms AB 1634 "divisive legislation [that] will not help and may aggravate the situation." Noting that young puppies and kittens are not biologically mature enough for spaying and neutering in many cases, Dr. Hamil states: "It is inappropriate to mandate a controversial and possibly life-threatening surgical procedure."
Also strongly opposed to AB 1634 is Sharon Vanderlip, DVM, former shelter animal veterinary clinician and surgeon, a longtime advocate of voluntary spaying and neutering. "This bill is not a 'healthy' pet act," said Dr. Vanderlip. "It will not help animals or improve their health. It will not reduce the shelter animal population. It will not reduce the number of animal euthanasias. To the contrary, the number of animals in shelters and the number of euthanasias will increase as people who cannot afford to alter their pets, or pay fines associated with non-compliance, will abandon their animals, relinquish them to shelters, or have them euthanized. This has already happened in municipalities that attempted similar legislation."
Christian Osmond, DVM, board-certified veterinary surgeon, opposes the bill on similar grounds. Dr. Osmond says he cannot reconcile his professional oath to "above all else ... do no harm" with programs that place political agendas above sound veterinary practice, a priority that could put pets at risk.
Canine Companions for Independence, an organization supporting assistance dogs for the disabled, opposes AB 1634 because even with exemptions for today's carefully supervised dogs, the bill's long-term effects would greatly reduce genetic diversity and threaten the existence of their breeding program….”
CA vets are against the bill.
What is the Humane Society of the US?
“…HSUS is big, rich, and powerful, a “humane society” in name only. And while most local animal shelters are under-funded and unsung, HSUS has accumulated $113 million in assets and built a recognizable brand by capitalizing on the confusion its very name provokes. This misdirection results in an irony of which most animal lovers are unaware: HSUS raises enough money to finance animal shelters in every single state, with money to spare, yet it doesn’t operate a single one anywhere.
Instead, HSUS spends millions on programs that seek to economically cripple meat and dairy producers; eliminate the use of animals in biomedical research labs; phase out pet breeding, zoos, and circus animal acts; and demonize hunters as crazed lunatics. HSUS spends $2 million each year on travel expenses alone, just keeping its multi-national agenda going.
Instead, HSUS spends millions on programs that seek to economically cripple meat and dairy producers; eliminate the use of animals in biomedical research labs; phase out pet breeding, zoos, and circus animal acts; and demonize hunters as crazed lunatics. HSUS spends $2 million each year on travel expenses alone, just keeping its multi-national agenda going.
THE ALBUQUERQUE PET EXTINCTION LAWS
A Sampling
PART 1: GENERAL PROVISIONS
§ 9-2-1-1 SHORT TITLE.
This article may be cited as the “Humane and Ethical Animal Rules and Treatment (HEART) Ordinance”.
(Ord. 18-2006)
§ 9-2-1-2 FINDINGS.
(A) The Council finds that the City shall endeavor to protect animals in the City. Nothing herein shall be interpreted as expanding the scope of the City’s liability under the New Mexico Tort Claims Act.
(B) The Council further 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 and reflects basic humanitarian beliefs.
(C) The Council further finds that the public mind- set toward animals must shift to the more progressive, humane, and compassionate attitude evident in other jurisdictions with stricter animal laws. Several other municipalities have achieved positive animal population management results by aggressively licensing and microchipping companion animals, permitting and tracking pet sales and animal breeding, and providing funding for free low and moderate income spay and neuter programs.
(D) The Council further finds that the City should continue to fund free low and moderate income microchipping and spay and neuter programs through fees collected in this article and from general fund monies as needed.
(E) The Council further finds that it is important to assist the public in finding lost pets by encouraging individuals who find strays to provide information about the lost animals to the City so the City can post the information at AACC facilities and on the website. The City will create a Lost and Found program that will be on the City website. Individuals who have lost an animal will have the opportunity to access complete information about whether the City or any other person has found that animal.
(F) The Council further finds that in certain situations animals may pose a serious public safety threat to our community. The City of Albuquerque shall endeavor to work toward the prevention of animal attacks on humans and other animals. Laws against chaining animals, stricter laws dealing with animal overpopulation, and enforcing animal restraint and housing laws are tools to help eliminate dogs roaming at large and will ultimately help make our community safer.
(G) The Council further finds that dogs that bark excessively, and not in response to any apparent stimulus, create a public nuisance. Many dogs spend much of their lives alone in yards or restrained by ropes or chains. Dogs that are restrained by chaining or tethering are more likely to create barking problems, are more likely to be aggressive toward humans and other animals, and are more likely to run away and end up in animal shelters that have no choice but to euthanize them. The Council is opposed to the restraint of companion animals by ropes or chains and is also opposed to owners who refuse to provide adequate care or supervision for companion animals in their charge.
(H) The Council further finds that spayed and neutered animals are less likely to run loose, bark excessively, and endanger the public and other animals. Most importantly, altered animals do not add to the animal overpopulation problem. Altered animals are less likely to end up at animal shelters that have no other option but to destroy those animals.
(I) The Council further finds that companion animal over-population in the City endangers animals and human beings. Animal overpopulation requires taxpayers to bear the burden of caring for tens of thousands of unwanted or lost animals. In 2005, the City was forced to euthanize an average of 300 unwanted dogs and cats a week. We must lower the overwhelming supply of animals, bringing it in line with the much lower demand.
(J) The Council further finds that some jurisdictions have abandoned the common law rule of categorizing animals as chattel property, subject to the complete discretion of the owner. These progressive jurisdictions have expanded the role of government to include protecting animals from unfettered callous acts that cause pain or suffering. Under this modern, progressive view, the state can obtain warrants to search property based on probable cause pertaining to cruelty or neglect of an animal and enter property without a warrant based on exigent circumstances to seize an animal that is in need of emergency medical care. The Council finds that this progressive approach is appropriate for the City.
(K) The Council further finds that animal abuse has a direct and significant correlation with domestic violence, child abuse, and elder abuse. The Council finds that there are several obvious indicators of animal abuse and neglect that should be much more vigorously investigated and prosecuted by the City in order to help uncover other abuse occurring in the family. In many abuse situations, the victim is not willing to leave behind an animal that will almost certainly become the next victim of abuse. Although domestic violence and emergency shelters provide an invaluable service, they are not able to accept animals. The AACC is in the position to help with this problem.
(L) The Council further finds that judges have a significant role in the disposition of animal cases and respectfully asks our courts to strictly enforce animal cases to the fullest extent of the law, to treat animal abuse as a serious offense, because all types of abuse have a direct correlation and must be unacceptable behavior.
(M) The Council further finds that responsible pet owners already provide adequate health care, proper food, and water and successfully restrain the animals in their custody and will not be overly burdened by this article.
ADEQUATE SHELTER. A structurally sound, adequately ventilated, weatherproof structure that is comprised of non-toxic materials and interior floors that minimize injury and discomfort to the Animal. The structure must be clean and of a suitable size as to limit overcrowding by properly accommodating the specific Animal. The structure must protect the Animal from extreme conditions. The Animal must be able to lie down fully and rise to its feet, in a natural manner, consistent with the Animal's species. An Adequate Shelter must be within a Secure Fence.
(E) Basic Grooming. All Animals shall be groomed in accordance with the definition of Basic Grooming as applicable to the species. Basic Grooming is necessary to maintain the eyes, ears, beaks, hooves, feet and skin of an Animal in healthy condition. Basic Grooming ensures that the toenails or hooves are not so long as to cause the Animal not to be able to move normally or to cause pain to the Animal. Basic Grooming also includes the Owner providing an Animal with whatever the Animal needs for self-grooming. Grooming the coat on most Animals is necessary to insure the coat is not matted to the point that it becomes so heavy as to cause skin irritation or trap fecal matter. The Animal shall not be so dirty as to provide a home for parasites and insects. No Animal shall be allowed to have foreign objects imbedded in its skin, fur or hair other than the required Microchip for Companion Animals.
(c) No Animal should ever be allowed to suffer due to lack of medical care.
(C) Required Alteration of Companion Animals. No Companion Animal owned by a person who lives in Bernalillo County or the surrounding counties of Valencia, Sandoval, Cibola, Santa Fe and Torrance shall leave any Animal Shelter including AACC without having been Altered except as provided herein. The foregoing does not apply to a permitted Intact Animal which is not required to be Altered until Impounded twice at AACC or to an Animal whose Alteration would be dangerous due to age or health issues. This provision does not apply to Boarding Kennels and Guard Dog Sites. Intact Animals at Guard Dog Sites must have Intact Animal Permits.
(D) Female Animals in Estrus. While a female Companion Animal is in Estrus, such Animal shall be isolated and protected from interaction with Intact male Companion Animals of the same species unless breeding is intended consistent with the requirements of this article. No breeding is allowed at Guard Dog Sites, Pet Stores or Animal Shelters including AACC.
(E) Basic Grooming. All Animals shall be groomed in accordance with this article as described by the definition of Basic Grooming as applicable to the species. Basic Grooming is necessary to maintain the eyes, ears, beaks, hooves, feet and skin of an Animal in healthy condition. Basic Grooming includes making sure that the toenails or hooves are not so long as to cause the Animal not to be able to move normally or to cause pain to the Animal. Basic grooming also includes providing the Animal with whatever the Animal needs for self-grooming. No Animal shall be allowed to have a coat that is matted to the point that it becomes so heavy as to cause skin irritation or trap fecal matter. The Animal shall not be so dirty as to provide a home for parasites and insects. No Animal shall be allowed to have foreign objects imbedded in its skin, fur or hair other than the required Microchip for Companion Animals. Boarding Kennels are not required to provide Basic Grooming for boarded Animals.
(Ord. 18-2006)
§ 9-2-2-6 TRANSPORTING ANIMALS IN VEHICLES.
e weather is such that the Animal will be exposed to extreme heat, cold or rain.
(B) Cars, Vans and RVs. Animals riding inside vehicles that are not in Crates or other enclosures must not be allowed access to a window opened wide enough for the Animal to jump, fly or fall out. Animals left unattended in cars, vans or RVs must have adequate ventilation to prevent the temperature in the vehicle from rising high enough such that any reasonable Person would know that the Animal would suffer from heat exposure. During the warmer months, no amount of ventilation will keep the car from getting too hot. If the Mayor determines that an Animal in a vehicle is in immediate danger, the Mayor may enter the vehicle by whatever means necessary, without being liable to the owner of the vehicle, and seize the Animal.
(C) Transporting more than one Animal. In addition to all other regulations in this article, Animals should never be overcrowded when being transported. If the Animals are Crated or kept in any enclosure, they may be allowed to share a Crate but each Animal should be able to stand up, move around, lie down and stretch out naturally. If Crates or enclosures are stacked, they must be attached securely to prevent the Crates or enclosures from falling or turning over. If Crates or other enclosures are stacked, it is important that no urine or feces are passed between Crates and enclosures.
(Ord. 18-2006)
PART 3: REQUIRED LICENSE AND PERMITS
§ 9-2-3-1 REQUIRED ALBUQUERQUE COMPANION ANIMAL LICENSE.
(A) Albuquerque Residents. All residents of Albuquerque who own Companion Animals shall have a current annual Albuquerque Companion Animal License for each Companion Animal they own that is over the age of three months.
(B) Non-Resident. Any Person who lives in Bernalillo County or the surrounding counties of Valencia, Cibola, Sandoval, Torrance or Santa Fe and is not a City resident but who keeps a Companion Animal in the city for more than 15 consecutive days or an aggregate of 30 days in any year shall obtain an Albuquerque Companion Animal License.
(C) Companion Animals must have a current Rabies Vaccination and be Microchipped or Permanently Identified before the Owner can be issued a License.
(D) Low Income Persons, Seniors, and Owners of Service Dogs must obtain an annual License for their Companion Animals but are exempt from the annual License fee.
(E) Impounded Companion Animals. Any Person who lives in Bernalillo County or the surrounding counties of Valencia, Cibola, Sandoval, Torrance or Santa Fe who owns a Companion Animal that has been impounded by AACC shall obtain a City License.
(F) License Tags. A License Tag shall be issued with each License.
(1) Any Companion Animal outside the Owner’s real property shall wear a collar or a Harness with a current License Tag and an Anti-Rabies Vaccination Tag attached to the collar or Harness, even if the Companion Animal is Microchipped.
(2) A collar or Harness with the required tags attached may be removed from the Companion Animal temporarily for medical care, training, grooming, or when the Companion Animal is in a Bona Fide Animal Show.
(3) Replacement License tags shall be sold at the AACC at a cost of $ 4 each.
(G) License fees are not refundable and Licenses are not transferable to any other Companion Animal.
(H) The fee for an Albuquerque Companion Animal License is as stated in § 9-2-3-16 of this article.
(I) The fee for late License renewal shall be a minimum of $10.
(Ord. 18-2006)
§ 9-2-3-2 PERMITS: GENERAL PROVISIONS.
(A) A Permit is not a property right.
(B) The Mayor 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.
(C) Permits expire one year from the date of issue, unless otherwise specifically provided in this article.
(D) The Mayor 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.
(Ord. 18-2006)
§ 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.
(C) Inspections.
(1) A permitted Establishment, other than a residence, shall allow entry and inspection of the Permit Holder’s premises by the Mayor. Upon presentation of proper identification, the Mayor 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 by means other than inspection. If the Mayor 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 on his inspection.
(4) Upon completion of an inspection of a Permitted Premises, the Mayor 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 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 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 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. 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.
§ 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 Licensed and Permanently Identified by a Microchip or other identification method acceptable to the Mayor 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 may request a second opinion from a different Veterinarian.
(4) The Mayor 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.
(Ord. 18-2006)
§ 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 Licensed and Microchipped or otherwise Permanently Identified before a Litter Permit will be issued.
(C) No Person shall apply for or obtain more than four Litter Permits per Household in any consecutive 12 month period.
(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 may be seized.
(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.
(Ord. 18-2006)
§ 9-2-3-8 MULTIPLE COMPANION ANIMAL SITE PERMIT OR MCASP.
Any Person intending to exceed the maximum limit of six Companion Animals, no more than four of which are dogs, in a Household shall obtain a Multiple Companion Animal Site Permit (MCASP).
(A) All Companion Animals at a Multiple Companion Animal Site shall be Licensed, Microchipped or otherwise Permanently Identified. Fostering a pregnant Companion Animal and her eventual offspring is a temporary exception to this rule.
(B) A MCASP will only be granted to applicants in a Residential Zone.
(C) Any adjoining property owner may petition the Administrative Hearing Officer for revocation, modification or suspension of a MCASP if the adjoining property owner is reasonably aggrieved by any effects of the Multiple Animal Site.
(D) No Person shall keep or maintain more than 15 Companion Animals at any MCASP site, no more than four of which can be Intact. This limit may be exceeded under special circumstances determined by the Mayor.
§ 9-2-1-1 SHORT TITLE.
This article may be cited as the “Humane and Ethical Animal Rules and Treatment (HEART) Ordinance”.
(Ord. 18-2006)
§ 9-2-1-2 FINDINGS.
(A) The Council finds that the City shall endeavor to protect animals in the City. Nothing herein shall be interpreted as expanding the scope of the City’s liability under the New Mexico Tort Claims Act.
(B) The Council further 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 and reflects basic humanitarian beliefs.
(C) The Council further finds that the public mind- set toward animals must shift to the more progressive, humane, and compassionate attitude evident in other jurisdictions with stricter animal laws. Several other municipalities have achieved positive animal population management results by aggressively licensing and microchipping companion animals, permitting and tracking pet sales and animal breeding, and providing funding for free low and moderate income spay and neuter programs.
(D) The Council further finds that the City should continue to fund free low and moderate income microchipping and spay and neuter programs through fees collected in this article and from general fund monies as needed.
(E) The Council further finds that it is important to assist the public in finding lost pets by encouraging individuals who find strays to provide information about the lost animals to the City so the City can post the information at AACC facilities and on the website. The City will create a Lost and Found program that will be on the City website. Individuals who have lost an animal will have the opportunity to access complete information about whether the City or any other person has found that animal.
(F) The Council further finds that in certain situations animals may pose a serious public safety threat to our community. The City of Albuquerque shall endeavor to work toward the prevention of animal attacks on humans and other animals. Laws against chaining animals, stricter laws dealing with animal overpopulation, and enforcing animal restraint and housing laws are tools to help eliminate dogs roaming at large and will ultimately help make our community safer.
(G) The Council further finds that dogs that bark excessively, and not in response to any apparent stimulus, create a public nuisance. Many dogs spend much of their lives alone in yards or restrained by ropes or chains. Dogs that are restrained by chaining or tethering are more likely to create barking problems, are more likely to be aggressive toward humans and other animals, and are more likely to run away and end up in animal shelters that have no choice but to euthanize them. The Council is opposed to the restraint of companion animals by ropes or chains and is also opposed to owners who refuse to provide adequate care or supervision for companion animals in their charge.
(H) The Council further finds that spayed and neutered animals are less likely to run loose, bark excessively, and endanger the public and other animals. Most importantly, altered animals do not add to the animal overpopulation problem. Altered animals are less likely to end up at animal shelters that have no other option but to destroy those animals.
(I) The Council further finds that companion animal over-population in the City endangers animals and human beings. Animal overpopulation requires taxpayers to bear the burden of caring for tens of thousands of unwanted or lost animals. In 2005, the City was forced to euthanize an average of 300 unwanted dogs and cats a week. We must lower the overwhelming supply of animals, bringing it in line with the much lower demand.
(J) The Council further finds that some jurisdictions have abandoned the common law rule of categorizing animals as chattel property, subject to the complete discretion of the owner. These progressive jurisdictions have expanded the role of government to include protecting animals from unfettered callous acts that cause pain or suffering. Under this modern, progressive view, the state can obtain warrants to search property based on probable cause pertaining to cruelty or neglect of an animal and enter property without a warrant based on exigent circumstances to seize an animal that is in need of emergency medical care. The Council finds that this progressive approach is appropriate for the City.
(K) The Council further finds that animal abuse has a direct and significant correlation with domestic violence, child abuse, and elder abuse. The Council finds that there are several obvious indicators of animal abuse and neglect that should be much more vigorously investigated and prosecuted by the City in order to help uncover other abuse occurring in the family. In many abuse situations, the victim is not willing to leave behind an animal that will almost certainly become the next victim of abuse. Although domestic violence and emergency shelters provide an invaluable service, they are not able to accept animals. The AACC is in the position to help with this problem.
(L) The Council further finds that judges have a significant role in the disposition of animal cases and respectfully asks our courts to strictly enforce animal cases to the fullest extent of the law, to treat animal abuse as a serious offense, because all types of abuse have a direct correlation and must be unacceptable behavior.
(M) The Council further finds that responsible pet owners already provide adequate health care, proper food, and water and successfully restrain the animals in their custody and will not be overly burdened by this article.
ADEQUATE SHELTER. A structurally sound, adequately ventilated, weatherproof structure that is comprised of non-toxic materials and interior floors that minimize injury and discomfort to the Animal. The structure must be clean and of a suitable size as to limit overcrowding by properly accommodating the specific Animal. The structure must protect the Animal from extreme conditions. The Animal must be able to lie down fully and rise to its feet, in a natural manner, consistent with the Animal's species. An Adequate Shelter must be within a Secure Fence.
(E) Basic Grooming. All Animals shall be groomed in accordance with the definition of Basic Grooming as applicable to the species. Basic Grooming is necessary to maintain the eyes, ears, beaks, hooves, feet and skin of an Animal in healthy condition. Basic Grooming ensures that the toenails or hooves are not so long as to cause the Animal not to be able to move normally or to cause pain to the Animal. Basic Grooming also includes the Owner providing an Animal with whatever the Animal needs for self-grooming. Grooming the coat on most Animals is necessary to insure the coat is not matted to the point that it becomes so heavy as to cause skin irritation or trap fecal matter. The Animal shall not be so dirty as to provide a home for parasites and insects. No Animal shall be allowed to have foreign objects imbedded in its skin, fur or hair other than the required Microchip for Companion Animals.
(c) No Animal should ever be allowed to suffer due to lack of medical care.
(C) Required Alteration of Companion Animals. No Companion Animal owned by a person who lives in Bernalillo County or the surrounding counties of Valencia, Sandoval, Cibola, Santa Fe and Torrance shall leave any Animal Shelter including AACC without having been Altered except as provided herein. The foregoing does not apply to a permitted Intact Animal which is not required to be Altered until Impounded twice at AACC or to an Animal whose Alteration would be dangerous due to age or health issues. This provision does not apply to Boarding Kennels and Guard Dog Sites. Intact Animals at Guard Dog Sites must have Intact Animal Permits.
(D) Female Animals in Estrus. While a female Companion Animal is in Estrus, such Animal shall be isolated and protected from interaction with Intact male Companion Animals of the same species unless breeding is intended consistent with the requirements of this article. No breeding is allowed at Guard Dog Sites, Pet Stores or Animal Shelters including AACC.
(E) Basic Grooming. All Animals shall be groomed in accordance with this article as described by the definition of Basic Grooming as applicable to the species. Basic Grooming is necessary to maintain the eyes, ears, beaks, hooves, feet and skin of an Animal in healthy condition. Basic Grooming includes making sure that the toenails or hooves are not so long as to cause the Animal not to be able to move normally or to cause pain to the Animal. Basic grooming also includes providing the Animal with whatever the Animal needs for self-grooming. No Animal shall be allowed to have a coat that is matted to the point that it becomes so heavy as to cause skin irritation or trap fecal matter. The Animal shall not be so dirty as to provide a home for parasites and insects. No Animal shall be allowed to have foreign objects imbedded in its skin, fur or hair other than the required Microchip for Companion Animals. Boarding Kennels are not required to provide Basic Grooming for boarded Animals.
(Ord. 18-2006)
§ 9-2-2-6 TRANSPORTING ANIMALS IN VEHICLES.
e weather is such that the Animal will be exposed to extreme heat, cold or rain.
(B) Cars, Vans and RVs. Animals riding inside vehicles that are not in Crates or other enclosures must not be allowed access to a window opened wide enough for the Animal to jump, fly or fall out. Animals left unattended in cars, vans or RVs must have adequate ventilation to prevent the temperature in the vehicle from rising high enough such that any reasonable Person would know that the Animal would suffer from heat exposure. During the warmer months, no amount of ventilation will keep the car from getting too hot. If the Mayor determines that an Animal in a vehicle is in immediate danger, the Mayor may enter the vehicle by whatever means necessary, without being liable to the owner of the vehicle, and seize the Animal.
(C) Transporting more than one Animal. In addition to all other regulations in this article, Animals should never be overcrowded when being transported. If the Animals are Crated or kept in any enclosure, they may be allowed to share a Crate but each Animal should be able to stand up, move around, lie down and stretch out naturally. If Crates or enclosures are stacked, they must be attached securely to prevent the Crates or enclosures from falling or turning over. If Crates or other enclosures are stacked, it is important that no urine or feces are passed between Crates and enclosures.
(Ord. 18-2006)
PART 3: REQUIRED LICENSE AND PERMITS
§ 9-2-3-1 REQUIRED ALBUQUERQUE COMPANION ANIMAL LICENSE.
(A) Albuquerque Residents. All residents of Albuquerque who own Companion Animals shall have a current annual Albuquerque Companion Animal License for each Companion Animal they own that is over the age of three months.
(B) Non-Resident. Any Person who lives in Bernalillo County or the surrounding counties of Valencia, Cibola, Sandoval, Torrance or Santa Fe and is not a City resident but who keeps a Companion Animal in the city for more than 15 consecutive days or an aggregate of 30 days in any year shall obtain an Albuquerque Companion Animal License.
(C) Companion Animals must have a current Rabies Vaccination and be Microchipped or Permanently Identified before the Owner can be issued a License.
(D) Low Income Persons, Seniors, and Owners of Service Dogs must obtain an annual License for their Companion Animals but are exempt from the annual License fee.
(E) Impounded Companion Animals. Any Person who lives in Bernalillo County or the surrounding counties of Valencia, Cibola, Sandoval, Torrance or Santa Fe who owns a Companion Animal that has been impounded by AACC shall obtain a City License.
(F) License Tags. A License Tag shall be issued with each License.
(1) Any Companion Animal outside the Owner’s real property shall wear a collar or a Harness with a current License Tag and an Anti-Rabies Vaccination Tag attached to the collar or Harness, even if the Companion Animal is Microchipped.
(2) A collar or Harness with the required tags attached may be removed from the Companion Animal temporarily for medical care, training, grooming, or when the Companion Animal is in a Bona Fide Animal Show.
(3) Replacement License tags shall be sold at the AACC at a cost of $ 4 each.
(G) License fees are not refundable and Licenses are not transferable to any other Companion Animal.
(H) The fee for an Albuquerque Companion Animal License is as stated in § 9-2-3-16 of this article.
(I) The fee for late License renewal shall be a minimum of $10.
(Ord. 18-2006)
§ 9-2-3-2 PERMITS: GENERAL PROVISIONS.
(A) A Permit is not a property right.
(B) The Mayor 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.
(C) Permits expire one year from the date of issue, unless otherwise specifically provided in this article.
(D) The Mayor 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.
(Ord. 18-2006)
§ 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.
(C) Inspections.
(1) A permitted Establishment, other than a residence, shall allow entry and inspection of the Permit Holder’s premises by the Mayor. Upon presentation of proper identification, the Mayor 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 by means other than inspection. If the Mayor 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 on his inspection.
(4) Upon completion of an inspection of a Permitted Premises, the Mayor 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 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 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 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. 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.
§ 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 Licensed and Permanently Identified by a Microchip or other identification method acceptable to the Mayor 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 may request a second opinion from a different Veterinarian.
(4) The Mayor 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.
(Ord. 18-2006)
§ 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 Licensed and Microchipped or otherwise Permanently Identified before a Litter Permit will be issued.
(C) No Person shall apply for or obtain more than four Litter Permits per Household in any consecutive 12 month period.
(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 may be seized.
(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.
(Ord. 18-2006)
§ 9-2-3-8 MULTIPLE COMPANION ANIMAL SITE PERMIT OR MCASP.
Any Person intending to exceed the maximum limit of six Companion Animals, no more than four of which are dogs, in a Household shall obtain a Multiple Companion Animal Site Permit (MCASP).
(A) All Companion Animals at a Multiple Companion Animal Site shall be Licensed, Microchipped or otherwise Permanently Identified. Fostering a pregnant Companion Animal and her eventual offspring is a temporary exception to this rule.
(B) A MCASP will only be granted to applicants in a Residential Zone.
(C) Any adjoining property owner may petition the Administrative Hearing Officer for revocation, modification or suspension of a MCASP if the adjoining property owner is reasonably aggrieved by any effects of the Multiple Animal Site.
(D) No Person shall keep or maintain more than 15 Companion Animals at any MCASP site, no more than four of which can be Intact. This limit may be exceeded under special circumstances determined by the Mayor.