The Española City Council passed a comprehensive ordinance regulating the treatment of animals during the Dec. 9 meeting. According to the ordinance, it went into effect five days after passage, on Dec. 14.
The new ordinance is 23 pages long and contains 52 sections, compared to the old ordinance, which only had five sections.
The ordinance now covers a range of topics from animal hoarding, protections for animal control officers, permits for guard dogs and much more. It also includes a fine schedule for those who fail to register their dogs, redemption of an impounded animal, failure to vaccinate and animals disturbing the peace.
District 2 Councilor Peggy Sue Martinez, who led the creation of the ordinance and worked with a range of community members and leaders in drafting it, said the previous law was antiquated.
“This ordinance represents an important step forward, one that protects the vulnerable and encourages responsible ownership and strengthens the well-being of our neighborhoods,” she said.
The ordinance is split into nine sections. Martinez said it is meant to be adaptable, and the council can expect to see amendments in the future. Specifically, she said, they will introduce an addendum that deals with fowl and chickens.
She knows of two situations involving birds on the West Side and in District 3 that need to be addressed, she said.
District 1 Councilor Pedro Valdez was the only councilor to vote against the passage of the ordinance. He believes they should build awareness about it first, and that it may not work.
Fines
The city’s previous ordinance did not include a fine structure. While they were included in this new version, District 4 Councilor Samuel LeDoux asked that the ordinance be amended to increase fines.
The version presented to council listed the redemption fine for impounded animals at $25 for the first offense, $75 for the second offense, $50 for the third offense and confiscation of the animal on the fourth offense. The passed ordinance lists the first offense fine at $50, second offense at $75 and third offense at $100.
The council also increased the fee structure for animals disturbing the peace to match the impound fees.
Unlicensed dogs will incur a $15 fee plus the cost of licensing the animal, and failure to vaccinate includes a $10 fine plus the cost of the vaccination.
“I think that would greatly help encourage and see that these are serious, and that we are taking this seriously,” LeDoux said. “I think part of the reason why animal laws have been so difficult to enforce is because, and especially with licensing, is because of the fees just weren’t significantly high enough to make that encouragement.”
Hoarding
The council also amended the ordinance to include a more specific definition of animal hoarding.
The original version of the updated ordinance defines an animal hoarder as a person or entity who collects animals and fails to provide them with humane care.
The definition also includes anyone who “collects, houses, or harbors animals in filthy, unsanitary conditions that constitute a health hazard to the animals being kept, and/or to the animals or residents of adjacent property.”
The amendment defines animal hoarding as having six or more cats, dogs or a combination of both.
Administration
City police and employees of the city’s animal control department can issue citations for violation of the new ordinance. While this section is not new, the updated ordinance now states that anyone who resists or obstructs an animal service officer can be charged with a petty misdemeanor.
Owner Duties
This section of the ordinance includes a section about managing the city’s cat population through the Trap-Neuter-Vaccinate-Return (TVNR) method.
The city, along with the Española Animal Shelter, must implement and maintain the TVNR program, and all cats must be sterilized by a veterinarian, they must ear-tip the cat for easy identification, microchip and vaccinate them. Each cat colony must have a designated caregiver to provide them with food, water and adequate shelter, as well as monitor their health and welfare and work with the city and shelter to keep colony records.
This section also includes rules for animals on unenclosed and enclosed premises.
According to the ordinance, voice commands are not an acceptable form of restraint, and animals must be secured in a way that meets the needs of their species. Dogs must be on a leash no more than six feet long and a person must be capable of controlling and restraining their animal.
On private property, “the property of the owner of the animal shall be restrained in such a manner as to secure the animal, using devices such as a kennel, invisible fencing, or inescapable walled or fenced area.”
Guard Dogs
The city will require commercial properties utilizing guard dogs to get a permit. Prior to issuing the permit, animal control must inspect the facility and the dog must have an identification tag. The property must have signs in English and Spanish, or a visual guard dog sign, alerting people to the animal’s presence. Owners can transfer the permit for the dog to a new location, but animal control must complete an inspection, and if the dogs are used at a temporary site, a handler is required to be physically present.
Guard dog permits are $50 per year.
The ordinance also includes a section related to the animal shelter.
Ben Swan, the director of volunteer engagement and strategic initiatives for the shelter, said the ordinance supports public safety and aligns Española with “widely accepted standards for humane care” of animals.
“Ultimately, it moves this toward a future where few animals suffer, more families who are supported and responsible animal care becomes a shared community value,” he said. “When we act together, meaningful change becomes possible. By adopting these updates, we take an important step for building an Española where compassion guides policy, and every animal has a chance to be safe and cherished.”