[ SHOWGSD-L ] NM: Albuquerque animal-rights law too vague on kennel sizes, judge says
- From: "Ginger Cleary" <cleary1414@xxxxxxxxxxx>
- To: "Showgsd-L@Freelists. Org" <showgsd-l@xxxxxxxxxxxxx>
- Date: Mon, 9 Jul 2007 14:57:15 -0400
Ginger Cleary,Rome, GA ww.rihadin.com <http://www.rihadin.com>
Those who expect to reap the blessings of freedom, must, like men, undergo
the fatigue of supporting it. ~Thomas Paine
Member GSDCA
Member Sawnee Mtn Kennel Club
GA Director Responsible Dog Owners of the Eastern States.
-----Original Message-----
http://www.abqtrib.com/news/2007/jul/09/albuquerque-animal-rights-law-too-va
gue-kennel-siz/
Albuquerque animal-rights law too vague on kennel sizes, judge says
By Christopher Sanchez
Monday, July 9, 2007
When Patricio Trujillo was criminally charged twice in March under the
city's new animal-treatment ordinance for chaining his dog to a telephone
pole, he built a kennel for it, and the charges were dropped.
A month later, Trujillo was charged again, this time because an Animal
Control Division officer said his 6-by-10-foot kennel was too small for the
estimated 45-pound, red-haired chow.
But that charge was also dismissed, on July 2, because Metro Court Judge
Cristina Jaramillo said the law behind it - the Humane and Ethical Animal
Rules and Treatment Ordinance - was too vague, court spokeswoman Janet Blair
said.
This is the first sign of a loophole in the controversial ordinance,
approved by the Albuquerque City Council in 2006 despite an outcry from some
community members who said it was too restrictive.
Ordinance sponsor Councilor Sally Mayer was even targeted for a recall over
the ordinance.
Mayer said the judge's ruling that the law was vague was disappointing.
"We wrote it that way to let the Animal Control officers, who are educated
in this, to judge for adequate space," she said.
Under the HEART Ordinance, animals living in a fenced area must have
"adequate space to prevent overcrowding and to allow the animals to maintain
normal exercise levels required by size, temperament and type of animal."
Mayer said she and city attorneys working on the ordinance intentionally
left out space requirements for kennels so Animal Control officers could
determine whether to cite owners on a case-by-case basis.
In Trujillo's case, the officer couldn't convince the judge that the kennel
space was too small, Blair said.
"The judge believed there wasn't enough information to judge the party
guilty," she said.
Under the city's previous animal-treatment ordinance, dog kennels had to
provide space proportional to the animal's weight.
The previous ordinance, for example, said a dog the approximate size of
Trujillo's chow required a 125-square-foot area - more than twice the size
of Trujillo's kennel.
Trujillo could not be reached for comment.
Mayer said she didn't know the old ordinance had space requirements.
But if more cases get dismissed for the same reason, Mayer said she will
look into amending the bill to require specific dimensions for kennels.
"If they are all going to get thrown out, then we will certainly look at
that. We can do it (amend the ordinance), but it certainly is not the
optimal way to look out for the animal's well-being," Mayer said.
Jaramillo declined to comment on the case, Blair said.
HEART Ordinance supporter and animal-rights activist Marcy Britton, who
reported Trujillo to Animal Control, said she now regrets calling about the
animal.
"I feel terrible, because I was thrilled with the HEART Ordinance," she
said. "Now, this is a Gothic horror story come true. He (the dog) comes off
a 25-foot chain, and now he sits in a small cage."
Britton said while she applauds Mayer's efforts, there is work to be done,
such as amending the ordinance.
"She tried to make a very humane law, and it has totally backfired now," she
said.
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