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Commission moves to publish animal-code changes, adds 'willfully' to livestock-running provision
Summary
The Truth or Consequences City Commission directed publication of Ordinance 771 — amendments to Chapter 3 on animals — and agreed to add the word “willfully” to section 3-90 (livestock running at large) for republication and 30 days of public comment; commissioners cited enforcement and public-safety concerns while staff warned the higher intent standard may be harder to prove in court.
The Truth or Consequences City Commission voted to publish Ordinance 771, amendments to Chapter 3 of the municipal code governing animals, directing a 30-day republication and public hearing after adding the word “willfully” to the livestock-running-at-large provision.
Mr. North, the staff presenter, said the revised chapter includes a new title intent that emphasizes “responsible pet ownership” and voluntary compliance rather than immediate criminal enforcement. “It is further the intent of the city commission to promote responsible pet ownership and to encourage education and voluntary compliance with the provisions of this chapter as well as ensure that enforcement is applied in a fair, effective, and humane manner,” Mr. North said.
The ordinance package included two drafting options for section 3-90. Staff and police recommended “Exhibit A” as the city’s professional recommendation; several commissioners proposed inserting the word “willfully” to match language in state statutes as a way to focus enforcement on repeated or intentional conduct.
Officer Null, who the staff said supports Exhibit A, noted the practical enforcement trade-offs and told commissioners that adding an intent element can make adjudication more difficult. “If we insert the word ‘willfully,’ I understand where you guys are coming from… it’s going to make it really, really hard to enforce that code and I would caution against changing it,” Officer Null said. Attorney Ruben agreed the insertion raises proof-of-intent issues at adjudication.
Commissioners and the mayor described recurring incidents — including livestock on city streets — as a public-safety concern and said they favored the compromise of publishing Exhibit A with the word “willfully” added in one place. The mayor described an example of two cows on Broadway and urged the commission to reserve enforcement for repeated or avoidable incidents.
A motion to approve publication of Ordinance 771 under Exhibit A with the insertion of “willfully” in section 3-90 passed; the commission set the republication and public-comment period and will take final action after the hearing. The city will bring the clean ordinance back for final publication and adoption steps after the 30-day period.
Why it matters: The change frames how the city will interpret and enforce animal codes — balancing protection for livestock owners in an agricultural community with public-safety and nuisance concerns. The insertion of an intent requirement could reduce trivial citations but may complicate enforcement in court, a point staff and legal counsel raised during debate.
Next steps: Ordinance 771 will be republished with the agreed edits for 30 days of public comment; the commission will hold a public hearing and consider final adoption at a subsequent meeting.
