Longstanding ordinance banning pet sales gets new teeth

You might find them in the back of a pickup truck or at a booth in a flea market — a tatty edged cardboard box full of puppies for sale.

Cuddly and doe-eyed as they may be, officials with the city’s Animal Welfare Department say the unpermitted sale of animals contributes to citywide overpopulation and abuse by profit-motivated breeders.

Even though the sale of animals on public or commercial property has been illegal in Albuquerque since 2006, officials with the Animal Welfare say they’ve had little authority to enforce the law.

That is, until Monday night, when the City Council unanimously voted to add penalties to an all bark, no bite policy. Now, those caught selling animals can be charged with a petty misdemeanor and their animals confiscated.

Those animals will then be taken to city shelters where they will be spayed or neutered and put up for adoption if the owner doesn’t reclaim them within 10 days.

“Many times the offender is getting a slap on the wrist, getting a $25 fine, having to go through our pet school, but then re-offending,” said AWD Director Carolyn Ortega.

Councilor Tammy Fiebelkorn brought forth the amendment to the nearly 20-year-old ordinance.

The City Council passed the original Humane and Ethical Animal Rules and Treatment Ordinance, or HEART, due to high rates of euthanasia in city shelters in the early 2000s.

Prior to the ordinance, AWD was euthanizing between 15,000 and 16,000 animals a year, according to a 2006 Journal article. In 2006, AWD took in 28,760 animals, according to a department spokesperson.

Since then, intake at city shelters has fallen by 58%, which means euthanasia has also decreased. In 2024, AWD euthanized 2,255 animals.

“We’ve seen firsthand how selling animals in public places leads to cycles of neglect, abandonment, and overcrowding in our shelters,” Fiebelkorn said in a statement. “Gray areas in the ordinance meant officers were not always enforcing what was on the books. This update ensures we act swiftly to protect animals and hold individuals accountable.”

The ordinance hopes to target repeat offenders that run puppy mills, an operation where dogs are repeatedly bred so their offspring can be sold for profit, not people who are simply unaware.

“If they are not cooperative, if they’re pushing back… it gives us a little bit more leverage to help get the puppies out of that situation,” Ortega said.

Cat and dog rescue organizations are exempt from the rule, the ordinance notes. Backyard breeders within city limits must pay a $150 litter permit fee, as well as a $150 fee for each animal they keep for breeding.

“These laws that we make are only as good as the enforcement behind them,” said Lisa Shima, a volunteer at a local animal rescue, during public comment. “...Our shelters and our rescues are in crisis, and it’s imperative that we find solutions that address the root causes of illegal animal breeding and sales.”