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Court offers compromise on city's new animal law
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Opponents to the city's latest animal ordinance have suffered a loss in District Court, with all but two of their contentions of the law dismissed.
The Rio Grande Kennel Club and a group of breeders and veterinarians filed suit in August seeking to void what they called an overly broad, unconstitutional law.
The city's Humane and Ethical Animal Rules and Treatment, or HEART, ordinance was signed into law May 22 and went into effect in August.
Among its 70 pages of changes to city animal laws, the ordinance makes spaying and neutering pets mandatory, increases the penalty for having an animal that is not spayed or neutered and expands the definition of animal cruelty.
The law also ups the cost of a breeders license to $150 a year and per-litter license to $150.
Until Chief District Judge William F. Lang's ruling Monday, the law also included provisions that mandated kennels install radiant-floor heating and a certain fire suppression system and allowed the city to inspect permitted dog owners' property.
Lang ruled that the kennel construction rules and the inspection provisions violated civil rights, according to court documents filed Monday.
Plaintiff Cheri Starr, a breeder, said said she was disappointed in the ruling, but wouldn't elaborate.
On the other end of emotion Monday night was Councilor Sally Mayer, who sponsored the legislation and weathered citizen petition drives to kill the bill and remove her from office.
"I think this is very good news," Mayer said. "They were basically challenging the entire thing and to have all but two (components) thrown out it great."
The bill was written with a clause that said if any portion of it was nullified in court, it wouldn't affect the entire bill.
So, the remaining portions of the HEART ordinance remain in place.
Mayer said she will see if the voided provisions can be fixed and replaced in the legislation.

