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Commission adopts animal ordinance after heated public comments over misdemeanor penalties
Summary
The Truth or Consequences commission adopted Ordinance 771, updating the municipal animal code. Public commenters urged removing misdemeanor classification for first offenses and raised concerns about adjudication through magistrate court; commissioners said current procedure requires magistrate adjudication but promised further administrative review and training.
The City Commission voted to adopt Ordinance 771, amending Chapter 3 of the municipal code governing animals after a session of public comment focused on enforcement and penalties.
Whitehead (city manager) told the commission the draft ordinance reflects months of staff work and multiple public hearings and said two substantive changes had been made after earlier input: clarifying the preamble to better state enforcement intent and retaining state law language on livestock that requires certain state processes.
Multiple residents told the commission that the ordinance’s general penalty provision—under which violations are categorized as misdemeanors with fines from $25 to $200—creates unfair outcomes when local mechanisms to accept fines are not in place. "Take away the misdemeanor for the first and second offenses," a public commenter (Patrick) urged, arguing that many communities start with civil fines for minor violations.
Responding, staff and commissioners noted that the city currently must forward many ordinance cases to magistrate court because municipal adjudication was removed previously, and therefore the judge has wide discretion. A member of administration said the ordinance includes language about intent to promote voluntary compliance and humane enforcement, and commissioners acknowledged the need for additional training and for considering options to restore local fine authority in the future.
After deliberation the commission moved to adopt Ordinance 771; the chair announced the motion carried.
The ordinance establishes the revised penalty framework and provides the magistrate court discretion on imposition of fines and other remedies; staff said they will continue work on enforcement practices, training for field officers and options to secure local adjudicative mechanisms if feasible.
