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.
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. 77-1A-1 et seq.) 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.
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.
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