Albuquerque, NM Animal Ordinances: Breed Restrictions (2026)
Key Facts
- Breed Ban
- None
- City Standard
- Behavior-based ('Aggressive')
- State Law
- NM Dangerous Dog Act, Sec. 77-1A-1 et seq.
- Dangerous Dog Test
- Conduct, not breed
- Local Authority
- NMSA 1978, Sec. 77-1-12
Summary
Albuquerque has no breed-specific ban; the HEART Ordinance regulates dogs by individual behavior, defining 'Aggressive' through objective observation rather than breed. New Mexico's Dangerous Dog Act likewise defines dangerous and potentially dangerous dogs strictly by conduct, not breed.
77-1A-2. Definitions. As used in the Dangerous Dog Act: ... B. "dangerous dog" means a dog that caused a serious injury to a person or domestic animal; ... D. "potentially dangerous dog" means a dog that may reasonably be assumed to pose a threat to public safety as demonstrated by the following behaviors: (1) causing an injury to a person or domestic animal that is less severe than a serious injury; (2) chasing or menacing a person or domestic animal in an aggressive manner and without provocation; or (3) acting in a highly aggressive manner within a fenced yard or enclosure and appearing able to jump out of the yard or enclosure; ... F. "serious injury" means a physical injury that results in broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
The City of Albuquerque does not impose breed-specific legislation. Under the HEART Ordinance, ROA Chapter 9 Article 2, the term 'Aggressive' is defined by behavior - a companion animal 'objectively observable as unnaturally hostile or violent toward humans when unprovoked' as evaluated by independent observers - with no reference to any particular breed such as pit bulls. At the state level, the New Mexico Dangerous Dog Act (NMSA 1978, Sec. ) governs dangerous and potentially dangerous dogs and defines them entirely by conduct: a 'dangerous dog' is 'a dog that caused a serious injury to a person or domestic animal,' and a 'potentially dangerous dog' is one demonstrating specified threatening behaviors.
The Act provides defenses (provocation, trespass, protecting offspring) and a court process for declaration, registration, proper enclosure, and, if warranted, humane destruction - again without breed criteria. New Mexico's local-control statute (NMSA 1978, Sec. 77-1-12) authorizes municipalities to regulate animals running at large, which Albuquerque exercises through the HEART Ordinance's behavior-based scheme.
Violations & Fines
There is no breed-ban penalty. A dog found dangerous or potentially dangerous under the state Dangerous Dog Act must be registered, confined in a proper enclosure, and handled per court order or be humanely destroyed; HEART aggression and at-large violations carry the City's civil-penalty schedule of $200 (first), $300 (second), and $500 (third or subsequent) offense.
Frequently Asked Questions
Are pit bulls or any breeds banned in Albuquerque?
What makes a dog 'dangerous' under New Mexico law?
What happens if my dog is declared dangerous?
Sources & Official References
Other rules in Albuquerque
How Albuquerque compares: Cities with No Dog Breed Restrictions·Compare Albuquerque to another location·View the New Mexico animal ordinances overview
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