Dog confined in small kennel
Albuquerque, NM (US)Incident Date: Saturday, Mar 31, 2007
County: Bernalillo
Charges: Misdemeanor
Disposition: Dismissed
Person of Interest: Patricio Trujillo
A month after the dismissal of charges for tethering his dog, 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. References
« More cases in Bernalillo County, NM
|
