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Animal Law Keyed to Wagman
Garcia v. The Village of Tijeras
Citation:
767 P.2d 355, 108 N.M. 116 (1988)Facts
The Village of Tijeras is a small community with approximately 312 residents where 18 of 80 households owned pit bull dogs. Prior to the ordinance’s enactment, Village residents experienced repeated attacks by pit bulls, resulting in injuries to people and deaths of animals. Most notably, a nine-year-old girl was severely mauled by pit bulls two months before the ordinance passed, requiring extensive reconstructive surgeries. After town meetings discussing the problem, the Village passed Ordinance No. 32 on May 14, 1984, making it unlawful to own or possess any dog of the breed known as American Pit Bull Terrier. The ordinance provided that such dogs could be impounded and held until a court determined the animal was an American Pit Bull Terrier and ordered its destruction. Expert testimony established that American Pit Bull Terriers possess inherent characteristics of aggression, strength, viciousness, and unpredictability not found in other breeds, making them particularly dangerous and difficult to contain.
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